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Joint Ventures and Co-Promotion

25/04/2016

​​The supplementary information to 14.1​ of the Code states that under co-promotion arrangements or other arrangements where companies work together, such as joint working projects, the companies concerned can agree to have only one final signatory to certify on behalf of all the companies.  This must be agreed beforehand and the Medicines and Healthcare Products Regulatory Agency and the Prescriptions Medicines Code of Practice Authority must be informed in advance who the signatories will be.  In the event of a complaint about material certified in this way each company involved in the project/activity would be responsible under the Code.

Companies are reminded that they will continue to be held jointly responsible for material which bears their name even if a co-promotion agreement has ended. When ending such agreements companies that lose the commercial interest in a product should be very clear as to what will happen to current promotional material particularly if it is to continue to be used by the remaining party and withdrawn some time later. If the material is to be withdrawn some time later, there should be a very clear agreement with the remaining company in that regard – the original co-promotion partners will continue to be jointly responsible for the material which bears their name regardless of which remaining party uses it or withdraws it. Finally, companies are reminded that they must continue to keep certificates and relevant accompanying information for not less than three years after final use of the promotional material (or the date of a meeting) even when the co-promotion agreement has ended.