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Healthcare & Life Sciences

27 November 2019
Rainer Herzig 'Medical meets Beauty' – recent decision on dental sector advertising

Austria - Preslmayr Attorneys at Law

The Austrian professional rules for dentists are strict and restrictive and permit advertising only within tight limits. Recent case law suggests that the Chamber of Dentists is highly active in enforcing both the Directive on Advertising and the Dental Act. Under the directive, print media ads must not exceed quarter of a page and dentists must not use unobjective advertising (eg, ads which promise patients non-dental advantages or services).

Author: Rainer Herzig
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Katie Lee Federal Court issues two interlocutory decisions in Section 8 pregabalin case

Canada - Smart & Biggar

The Federal Court recently issued two decisions relating to Pharmascience's claim for Section 8 damages under the pre-amended Patented Medicines (Notice of Compliance) Regulations for its pregabalin product (Pfizer's Lyrica). In the first, the court granted motion for summary trial on the relevance of Pfizer's ex turpi causa defence; in the second, it overturned the prothonotary's order, which had denied Pfizer leave to amend a pleading.

Author: Katie Lee
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Armand Aviges French Administrative Supreme Court cancels Ministry of Health decision on assessment of public health interests

France - Altana

The French Administrative Supreme Court recently cancelled the Ministry of Health's decision to refuse to include Adcetris's extension of indication on the list enabling healthcare establishments to invoice drugs directly to the French health insurance system, which was based on a National Authority for Health opinion. The court notably ruled that assessments of public health interests concerning drug indications cannot be limited solely to the appreciation of prevalence.

Authors: Armand Aviges, Delphine Lapillonne
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USA - Sidley Austin LLP

Authors: Scott D Stein, Joseph LoCascio
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Canada - Smart & Biggar

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Switzerland - Walder Wyss

Author: Andreas Wildi
Jonas Löfgren Heavily discounted starter pack considered unethical grant to healthcare

Sweden - Westerberg & Partners Advokatbyrå Ab

Authors: Jonas Löfgren, Siri Alvsing
Fabian Huber Granting of gifts by pharmacies

Germany - Simmons & Simmons LLP

Authors: Fabian Huber, Caroline von Nussbaum