Marketing services contracts related to the sale of medicinal products to the end consumer: Ukrainian experience and global trends

The article analyzes the experience of Ukraine and global trends in the legal regulation of marketing services contracts related to the sale of medicinal products to the end consumer. It is established that the conclusion of marketing services contracts related to the sale of medicinal products to the end consumer affects the promotion of medicinal products, and is also a lever of influence that helps to increase the profit of manufacturers of medicinal products from their sale by promoting medicinal products. It is proposed to define marketing services contracts related to the sale of medicinal products to the end consumer in sensu lato as an agreement between business entities that are manufacturers or importers of medicinal products and pharmacies (including pharmacy chains) to implement a set of measures specified in the agreement and not prohibited by law in order to stimulate and increase or improve the efficiency of the sale of medicinal products in places of retail sale of medicinal products to the consumer, and to raise awareness of medical and pharmaceutical employees, as well as rehabilitation specialists in such a medicinal products. A comparative study of the experience of Ukraine, the USA and the EU in the direction of legal regulation of the marketing of medicinal products has been conducted. The correlation between the concepts of “advertising” and “promotion” of medicinal products has been determined depending on the subjects on which the information influence is directed. It is argued that since Ukraine has undertaken to harmonize its legislation with European standards, it seems that the approach used by the domestic legislator in the direction of establishing a ban on the conclusion of marketing services contracts related to the sale of medicinal products to the end consumer requires some refinement in the direction of synchronization with European standards. Since the consumer is an individual who does not have special knowledge in the field of healthcare or pharmacy, his trust in a medical or pharmaceutical professional, or a rehabilitation specialist, is often a decisive factor that encourages him to purchase a medicine. Therefore, any «manipulation» of the influence on these individuals must be strictly regulated and controlled by the market regulator.