CLASS 46
Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.
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WEDNESDAY, 17 MARCH 2010
Poland: no hidden advertising of pharmaceuticals
On June 2009, the Polish newspaper Gazeta Wyborcza published an article containing images that depicted packagings of Stoperan and Septolete medicines, together with a note instructing that the leaflet accompanying these products should also be read.
The Main Pharmaceutical Inspector (MPI) ordered the immediate cessation of such actions. The MPI has fund that the publication did not meet the requirements set in the pharmaceutical law with regard to advertising of medicinal products. It was not commissioned by the responsible entity and it did not contain the detailed characteristics of the products or the required and established warnings.
Agora, the owner of Gazeta Wyborcza, filed a complaint to the Voivodeship Administrative Court (VAC) in Warsaw. The VAC in a judgment case file VI SA/Wa 2110/09, ruled that medicines are dangerous products and therefore the strict requirements and regulations for advertising of such preparations were introduced, and they do not allow for the so-called hidden advertising. The Court agreed with MPI’s findings that the article published by Gazeta Wyborcza contained information about two medicinal products and that could encourage the use of these preparations.
This judgment is not yet final. A cassation complaint may be filed to the Supreme Administrative Court.
See also Class46 posts entitled "Poland: nuances in advertising of pharmaceutical products" and "Poland: first judgment on differences between sponsorship and advertising of pharmaceutical product". Posted by: Tomasz Rychlicki @ 09.58
Tags: Main Pharmaceutical Inspector, advertising of pharmaceuticals, Voivodeship Administrative Court, pharmaceuticals, hidden advertising,
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Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA1744
Poland: no hidden advertising of pharmaceuticals
On June 2009, the Polish newspaper Gazeta Wyborcza published an article containing images that depicted packagings of Stoperan and Septolete medicines, together with a note instructing that the leaflet accompanying these products should also be read.
The Main Pharmaceutical Inspector (MPI) ordered the immediate cessation of such actions. The MPI has fund that the publication did not meet the requirements set in the pharmaceutical law with regard to advertising of medicinal products. It was not commissioned by the responsible entity and it did not contain the detailed characteristics of the products or the required and established warnings.
Agora, the owner of Gazeta Wyborcza, filed a complaint to the Voivodeship Administrative Court (VAC) in Warsaw. The VAC in a judgment case file VI SA/Wa 2110/09, ruled that medicines are dangerous products and therefore the strict requirements and regulations for advertising of such preparations were introduced, and they do not allow for the so-called hidden advertising. The Court agreed with MPI’s findings that the article published by Gazeta Wyborcza contained information about two medicinal products and that could encourage the use of these preparations.
This judgment is not yet final. A cassation complaint may be filed to the Supreme Administrative Court.
See also Class46 posts entitled "Poland: nuances in advertising of pharmaceutical products" and "Poland: first judgment on differences between sponsorship and advertising of pharmaceutical product". Posted by: Tomasz Rychlicki @ 09.58
Tags: Main Pharmaceutical Inspector, advertising of pharmaceuticals, Voivodeship Administrative Court, pharmaceuticals, hidden advertising,
Sharing on Social Media? Use the link below...Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA1744
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MARQUES does not guarantee the accuracy of the information in this blog. The views are those of the individual contributors and do not necessarily reflect those of MARQUES. Seek professional advice before action on any information included here.
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