Last Updated February 20, 2019

Law and Practice

Authors



Pakharenko & Partners (Kyiv) is one of the largest and most experienced intellectual property law firms in Ukraine, with offices in Kyiv (Ukraine) and London (UK). It also has many international partners all over the world. The firm provides the full scope of IP services required by pharmaceutical industry clients, including patent and trade-mark protection and enforcement, and has well-established expertise in domestic and international technology transactions, licensing, distribution agreements, confidentiality agreements, software licences and advertising. Clients include multinational, national and local corporations, major academic and research institutions, small entrepreneurial companies and engineering organisations, and individual inventors.

Advertising of prescription medicines, as well as over-the-counter medicines, which are included in the list of medicines whose advertising is prohibited, shall be banned by legislation.

The main principles of advertising are as follows: Legality, accuracy, credibility, the use of forms and means that are not detrimental to the consumer of advertising, compliance with the principles of fair competition, the placement of information or images violating the norms of ethics, humanity and morality, moral norms and neglecting the rules of decency shall not be allowed.

Advertising should make allowance for children’s particular sensitivity and should not cause harm to them.

Advertising should be clearly separated from other information and clearly identified as advertising.

Information about prescription medicines can be disseminated at the place of their sale, but it should not contain the features of advertising (for example, calls for the purchase of a medicine) and should be placed in order to provide the consumer with the opportunity to make an informed choice about a medicine, to obtain information about the manufacturer, the proper use of the medicine, etc.

To summarise, it should be noted that according to the Ukrainian legislation, the following information shall not be considered as advertising:

  • information about the product at the place of its sale;
  • information available on the product and/or packaging;
  • information provided in compliance with the law (eg, remote provision of information about the products to the buyer); and
  • directed at a specific person (it is advisable to specify in writing an addressee of information about the medicine).

Advertising of medicines should contain objective information about a medicine; a statement requiring that a customer should consult a healthcare professional prior to using a medicine; a recommendation on obligatory familiarisation with an instruction for medicine; the text of the notice as follows: “Self-treatment can be harmful to your health”, which should occupy not less than 15% of the area (duration) of entire advertisement.

The advertisements of medicinal products cannot contain references to the therapeutic effects concerning illnesses that are not curable or difficult to be cured.

Placement of the following information is prohibited:

  • information that may create an impression that consultation with a professional is not necessary; that the therapeutic effect of the use of a medicine is guaranteed; images of changes in the human body or parts thereof as a result of the illness; allegations that contribute to emergence or development of fear of illness or worsening of one’s health due to the non-use of advertised medicines; which facilitate the possibility of self-diagnosis; references to medicines as the most effective, safest, extraordinary and lacking any side-effects; references to specific cases of successful use of medicines; recommendations or references to the recommendations of healthcare professionals, scientists, healthcare institutions and organisations; notes of appreciation, gratitude, reports on the use and results of the use of advertised medicines from individuals; references to the names of celebrities, movie heroes, heroes of television and animated films, names of reputable organisations; and information that suggests that a medicinal product is a food, cosmetic or other consumer product (Article 21 of the Law on Advertising).

The advertising of medicinal products is not allowed to feature doctors and other healthcare professionals, as well as persons whose appearance imitates the appearance of doctors.

Persons involved in the production and/or sale of medicines may sponsor, inter alia, television, radio broadcasts and programmes by providing advertising information on the name, the mark for goods and services, with the exception of any reference to the prescription-only medicines.

It is prohibited to place recommendations or references to the recommendations of healthcare professionals, scientists, healthcare institutions and organisations regarding the advertised medicines, feature doctors and other healthcare professionals, as well as persons whose appearance imitates the appearance of doctors.

Healthcare professionals are not allowed to advertise medicines, including by means of prescribing medicines on forms containing advertising information and indicate manufacturers of medicines (trade marks).

Pakharenko & Partners

72 Velyka Vasylkivska Str.
Entrance 1, 7th Floor.
Business Centre “Olimpiysky”
Kiev 03150 Ukraine

+380 44 593 96 93

+380 44 451 40 48

pakharenko@pakharenko.com.ua pakharenko.ua/
Author Business Card

Authors



Pakharenko & Partners (Kyiv) is one of the largest and most experienced intellectual property law firms in Ukraine, with offices in Kyiv (Ukraine) and London (UK). It also has many international partners all over the world. The firm provides the full scope of IP services required by pharmaceutical industry clients, including patent and trade-mark protection and enforcement, and has well-established expertise in domestic and international technology transactions, licensing, distribution agreements, confidentiality agreements, software licences and advertising. Clients include multinational, national and local corporations, major academic and research institutions, small entrepreneurial companies and engineering organisations, and individual inventors.

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