Collaboration between two companies to market the same medicinal product may take two forms: co-marketing and co-promotion.
In the case of co-marketing, two companies market the same medicinal product, but under a different name / trademark each, so they are in direct competition with each other.
In the case of co-promotion, two companies market the same product under the same name, price and marketing strategy. Usually, one company is the Marketing Authorisation Holder, manufacturer and owner of the medicinal product and the other company receives it based on an agreement and is authorised to market it.
Co-promotion of a pharmaceutical product is permitted under Article 130 of Ministerial Decision 32221/2013, which specifies the terms of collaboration between the two companies. The terms and conditions of said collaboration have been set out in detail in Ministerial Decision ΔΥΓ3α/Γ.Π.οικ. 50510 (Government Gazette 1478/B/06.06.2014).
However, such agreements must be drafted with extreme care in terms of the competition law, so that they are not deemed illegal.
Our law firm has long experience in pharmaceutical law and can support you in negotiating and drafting such agreements, to ensure that all legal conditions are met and to safeguard your long-term interests in the best possible manner.
Lawyer Stefanos Economou has extensive experience in issues involving pharmaceutical companies and in similar collaborations, and can offer you advice and guidance both in terms of the legal and the business part of the agreement.
With its vast experience in pharmaceutical law, commercial law and compliance, the Stefanos Economou & Associates Law Firm is able to meet all the needs of pharmaceutical companies, pharmaceutical warehouses and medical equipment companies for legal services, either as an advisor or before the courts and authorities.