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.

Statements relating to comparisons with other medicines are generally permitted if they are scientifically correct and based on equivalent clinical trials or data collections. Such clinical trials must have been conducted in accordance with the rules of good clinical practice and be published or accepted for publication. Data collections (such as meta-analyses or practical experience reports) must have been published in a scientifically recognised specialist medium. If studies are used for comparison purposes that are based on experiments in vitro or on animals, this must be disclosed openly (Article 7 AWV).

Furthermore, it is prohibited to disparage others, their goods or prices by making incorrect, misleading or unnecessarily offensive statements or to take measures that are likely to cause confusion with their goods. Also, it is prohibited to compare oneself, one’s goods or prices in an incorrect, misleading, unnecessarily disparaging or similar manner with others, their goods or prices. Such advertising would constitute unfair competition (Article 3 para. 1 lit. a, d and e UWG).

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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