Restrictions on marketing the medicines and medical products

MEDICINE MARKETING RESTRICTIONS

In Kazakhstan, new “Rules of ethical promotion of medicines and medical products” were adopted on 8 May 2019 (hereinafter—the Marketing Rules). These Marketing Rules introduced new restrictions on the promotion of medicines for the pharmaceutical companies and their distributors.

Under these Marketing Rules, there are only a few exceptional cases in which pharmaceutical companies and their distributors could promote medicines in medical organizations or in medical educational institutions.

Pharmaceutical companies and their distributors are required to comply with all the requirements of the Marketing Rules. Otherwise, there could be negative consequences, as mentioned below.

NEGATIVE CONSEQUENCES

If the pharmaceutical companies and their distributors will not comply with the Marketing Rules, health authorities could impose administrative fines.

Such fines could be from 330 thousand up to 2.5 million tenge. Repeated violation of the Marketing Rules could lead to suspension of license for the pharmaceutical companies.

OUR RECOMMENDATIONS

We recommend checking any marketing activities for compliance with the Marketing Rules. Especially, we recommend checking all the contracts made with the medical organizations or medical educational institutions for marketing purposes.

OUR INDEPENDENT EXPERTISE

Our lawyers could assist and provide their independent and objective opinion on the matters under consideration. When providing such opinion, our lawyers consider the interests of the business and the legislation requirements.

Aside from the above mentioned opinion, our lawyers could draft or amend any required documents, and accompany any marketing plans and promotional activities from the initial stage to the full completion.