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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, 28 APRIL 2010
Poland: MPI fights with hidden advertising of pharmaceuticals
The Main Pharmaceutical Inspector (MPI) questioned the legality of a few ads that were aired on different TV channels. "The producer of Guajazyl - cough syrup, invites to a forecast", "The producer of Pectosol - herbal preparation on cough, invites to a programme", "The producer of DEXAPINI invites to a forecast. DEXAPINI – goodnight without a cough" – such statements were read by a TV lector.

The MPI ruled that these sponsorship spots were illegal advertising of the medicinal products.

According to the Polish Act on Broadcasting, sponsored programmes or other broadcasts shall be identified as such by sponsor credits at their beginning or end. Such credits may specify only the sponsor’s name, business name, trademark or contain some other identification of the business operator or its business activities, the image of a single product or service. The “sponsorship” shall mean a direct or indirect financing or co-financing of the production or transmission of a programme or other broadcasts by an entity other than the broadcaster or producer of the programme, with a view to establishing, enhancing or promoting the renown of the name, business name, product or service, trademark.

The MPI held that publishing of information relating to the product, not the manufacturer’s is basically beyond the scope of sponsorship.

See also Class46 posts entitled "Poland: no hidden advertising of pharmaceuticals", "Poland: nuances in advertising of pharmaceutical products" and "Poland: first judgment on differences between sponsorship and advertising of pharmaceutical product".
Posted by: Tomasz Rychlicki @ 11.16
Tags: Main Pharmaceutical Inspector, advertising of pharmaceuticals, pharmaceuticals, hidden advertising, Poland, Polish law,
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