Last Updated June 11, 2019

Law and Practice

Contributed By Walder Wyss Ltd

Authors



Walder Wyss Ltd has 200 legal experts and office locations in Zurich, Geneva, Basel, Berne, Lausanne and Lugano. Walder Wyss Ltd has a team dedicated to life science and pharmaceutical regulatory law, including healthcare insurance law. The key areas of practice in relation to the pharmaceutical advertising sector are pharmaceutical regulatory law, healthcare insurance law and the law regarding research on humans and clinical trials, stem cells and blood components, genetic testing, transplantation, special nutrition, medical devices and reproductive medicine. The firm has established www.lifesciencelaw.ch, a website dedicated to all legal issues surrounding life sciences where case law is discussed and where interested people can find publications from the team.

Swiss law does not contain any disclosure obligations. However, healthcare professionals must pass on direct or indirect financial advantages granted to them by pharmaceutical companies to patients or healthcare insurances with regard to medicines covered by compulsory healthcare insurance (Article 56 paragraph 3 lit. b KVG).

According to the Pharma Cooperation Code pharmaceutical companies are required to fully disclose pecuniary benefits to healthcare professionals and healthcare organisations annually and to keep such information accessible to the public for at least three years after disclosure. The disclosure must, in principle, be made on an individual basis and clearly identify the recipients and the amounts paid. The remuneration for the agreed service or consultancy tasks and the compensation for costs incurred by the service providers must be disclosed separately. The disclosure is to be made on the company’s website (rule 23 et seqq. Pharma Cooperation Code).

The transparency requirements according to the Pharma Cooperation Code apply to the signatories of the Pharma Cooperation Code. It applies to companies that do not yet have products on the market as well. Foreign companies cannot become signatories of the Pharma Cooperation Code (with the exception of companies from the Principality of Liechtenstein). Consequently, they do not need to adhere to these requirements.

Walder Wyss Ltd

Walder Wyss Ltd.
Seefeldstrasse 123
P.O. Box
8034 Zurich
Switzerland

+41 58 658 58 58

+41 58 658 59 59

reception@walderwyss.com www.walderwyss.com/en/home
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Authors



Walder Wyss Ltd has 200 legal experts and office locations in Zurich, Geneva, Basel, Berne, Lausanne and Lugano. Walder Wyss Ltd has a team dedicated to life science and pharmaceutical regulatory law, including healthcare insurance law. The key areas of practice in relation to the pharmaceutical advertising sector are pharmaceutical regulatory law, healthcare insurance law and the law regarding research on humans and clinical trials, stem cells and blood components, genetic testing, transplantation, special nutrition, medical devices and reproductive medicine. The firm has established www.lifesciencelaw.ch, a website dedicated to all legal issues surrounding life sciences where case law is discussed and where interested people can find publications from the team.

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