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Volume: 4 Issue: 10
(October 2017)

Keywords:
italian court addresses boundary between information advertising medicinal products milan civil court issued 24 july 2017 judgment publication

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Italian Court addresses the boundary between information and advertising of medicinal products

The Milan Civil Court issued on 24 July 2017 a judgment on whether the publication by pharmaceutical company DOC Generici S.r.l. (‘DOC Generici’) of a list of its medicinal products and the pricing information on its website and in print journals should be qualified as advertising, and therefore fall under the Italian legislation on the advertising of medicinal products. In reaching its conclusion the Court drew on criteria established in a 2011 ruling by the Court of Justice of the European Union, in MSD Sharp & Dohme GmbH v. Merckle GmbH. Elisa Stefanini of Portolano Cavallo analyses the Milan Civil Court’s ruling, which represents one of the few judgments by Italian civil courts to consider the advertising of medicinal products.

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