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).
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/
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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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