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.

First of all, it is important to point out that there are no specific legal provisions regulating offering gifts to healthcare professionals by the pharmaceutical companies.

In accordance with the Law of Ukraine on Prevention of Corruption of 14 October 2014, 1700-VII, a gift is a cash or other property, benefits, services, intangible assets that are provided/received free of charge or at a price lower than the minimum market price.

Healthcare professionals, who are considered officials in accordance with the law, are forbidden to demand, request, receive gifts, directly or through other persons, for themselves or persons, close to them, from legal entities or individuals in connection with the exercise by such healthcare professionals of the activities related to the exercise of state or local self-government functions – also if the person who gives the gift is subordinate to such healthcare professional.

Officials may accept gifts that correspond to generally accepted perceptions of hospitality. First, if the cost of such gifts does not exceed the minimum subsistence for able-bodied persons, established on the day of acceptance of the gift (as of January 2019 = UAH1, 853, approximately EUR60). Second, the aggregate value of such gifts received from one person (group of persons) during the year should not exceed two minimum subsistence established for an able-bodied person on January 1st of the year in which the gift was accepted. This rule does not apply to gifts donated by close persons and received as public discounts on goods, services or as prizes/bonuses.

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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