Pharmaceuticals Policy and Law - Volume 16, issue 3-4
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The new international review,
Pharmaceuticals Policy and Law, appears with the aim of studying and evaluating the
legal status of medicinal products in the European Union, and its implications in other markets such as the USA and Japan, without neglecting the specific problems of developing countries.
Pharmaceuticals Policy and Law intends to participate in the process of world convergence of pharmaceutical legislation helped by a network of academic centers specializing in pharmaceutical law, without omitting a scientific, economic and social approach to medicinal products.
The specificity of medicinal products conditions their legal status. Legislation regulating other goods cannot be applied to them. To begin with, they are the result of scientific and technical innovation. Research policies determine their progress. The pharmaceutical industry is, by nature, multinational. But, next to these global trends, different traditions still remain at a national level. Within the EU, barriers to free trade in medicinal products still remain despite more than thirty years of harmonisation. The social dimension of medicinal products is complex and very significant in the preoccupations of our societies. Patenting is essential but not sufficient. The life-cycle of medicinal products is protected by professional responsibility, required in the general concept of health safety. It is important to remember their ethical dimension, including research and innovation in new fields such as genetic manipulation and biotechnology, which requires social consent to preserve human dignity and fundamental rights.
Abstract: Publicity has always been the most effective way to make known a product's virtues, highlighting the benefits of its frequent use and sustained over time. Technological advances in communications have not done more than enhance the advertiser professional and communicators skills to increasing the drives (consumption habits) in users. The products used for health and most of all pharmaceuticals have also followed this trend. Given this, the intervention of the…State in terms of regulations is necessary, to not only protect people, but to provide them tools for choosing safe and responsibly the products they will use for their health care. During the past 10 years, the important growth of mass media that has taken place together with the complex technology by which an advertising message can reach an addressee produced the effect of a difficult control and monitoring of the advertising guideline by the State, which is often unable to do so effectively due to scarce resources available. The implications of this complex context not only affect local jurisdictions in terms of legislation, but also do so at the cross-border level through new information and marketing channels, where ethical and self-regulatory aspects are truly important.
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Keywords: Advertising as topic, legislation, Drug's information
Abstract: Chile is an upper middle income country which health conditions have improved considerably over the last decades. It has a dual health system of both public and private health insurance and service provision, stratified by income and risk. Since 2000, Chile began a reform of the health system with the National Explicit Health Guarantee Regime as the core of the reform. It aims to be a comprehensive system of legally enforceable rights to receive quality…healthcare with maximum waiting times, limited co-payments for priority health conditions. These health guarantees approach to providing universal and equitable coverage for quality healthcare in the dual health system. The pharmaceutical market is served today by local laboratories. The private channel distribution is concentrated in three pharmacy chains which have almost 1,200 shops all along the country. Chile holds the third place in Latin America where the biggest amount of medicines per inhabitant is sold. In 2013, a new legislation (Pharmaceutical's Law) was approved. Its main purpose was to encourage greater competition and transparency in the pharmaceutical market. The pharmaceutical commercial practices were useful to give medicines a relevance that normally did not have. However, the generation of alternatives proposals that allows the analysis of medicines under a different vision is necessary.
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Keywords: Health system, pharmaceutical market, drug policies, Chile