Public scrutiny of unfair competition in the pharmaceutical industry

By Xia Yibin, AnJie Law Firm
0
1955

The Law Against Unfair Competition, being the only law that currently expressly specifies that an entity engaging in commercial bribery is liable for damages for civil tort, is of great significance. The various ills and corrupt practices that plague the pharmaceutical industry put a serious crimp on the progress and pace of medical reform. The widespread occurrence of such unfair competition practices as the paying of commissions to physicians to prescribe certain drugs, false advertising and publicity, abuse of power in carrying on operations, etc., make the application of the law to establish, implement and improve a public scrutiny mechanism particularly important.

A photo of Xia Yibin who is a Partner at AnJie Law Firm
Xia Yibin
Partner
AnJie Law Firm

The author will address the unfair competition practice of paying physicians a commission to prescribe certain drugs and explore how the pharmaceutical industry should fully utilise current laws to implement and improve a public scrutiny mechanism, while leaving the other two types of unfair competition practices mentioned above for discussion at a later date.

Q: The unfair competition practice of paying commissions to physicians to prescribe certain drugs harms the interests of what entities? What legal liability should be borne?

A: Article 8 of the Law Against Unfair Competition prohibits the unfair competition practice of commercial bribery. Paying commissions to physicians to prescribe certain drugs is an example of commercial bribery.

You must be a subscribersubscribersubscribersubscriber to read this content, please subscribesubscribesubscribesubscribe today.

For group subscribers, please click here to access.
Interested in group subscription? Please contact us.

你需要登录去解锁本文内容。欢迎注册账号。如果想阅读月刊所有文章,欢迎成为我们的订阅会员成为我们的订阅会员

已有集团订阅,可点击此处继续浏览。
如对集团订阅感兴趣,请联络我们

download

北京市朝阳区建国门外大街甲6号

中环世贸中心D座26层

26/F, Tower D, Central International Trade Center

6A Jianguomenwai Avenue

Chaoyang District, Beijing, China

邮编 Postal code: 100022

电话 Tel: +86 10 8567 5988

传真 Fax: +86 10 8567 5999

www.anjielaw.com

电子信箱 E-mail:

xiayibin@anjielaw.com