Dear Reader, We are happy to share the most interesting legal and policy updates concerning health industry that we read today. We hope you enjoy reading it.
Doctor’s failure to co-operate with Drug Administration in disclosing name of manufacturer of drugs found in his possession is unlawful, but does not warrant imprisonment if the quantity is not large: Supreme Court
The Supreme Court of India has held that every person, including a registered medical practitioner (RMP), is required to disclose the name of the manufacturer of medicines found in his or her possession. A failure to disclose may result in imprisonment or fine. However, if the quantity of the drugs is smaller, and if the person is a RMP, imprisonment may not be warranted.
Source: bit.ly/3UDHZur
Ministry of Commerce and Industry rejects data exclusivity in the interest of domestic generic drug industry
India’s Ministry of Commerce and Industry has rejected the demand of European Free Trade Association (EFTA) for data exclusivity in the course of negotiating a free trade agreement, on grounds that it would affect the interests of the domestic generic drugs industry. If India were to accept data exclusivity provisions, then generic manufacturers of pharmaceutical drugs would not be allowed to leverage clinical trial data of innovator companies for securing marketing approvals.
Source: bit.ly/4bT7E8L
High Court not inclined to interfere in age limit for surrogacy
The Delhi High Court while hearing a plea challenging the age limit on surrogacy procedures, opined that the age limit to undergo surrogacy has been prescribed by scientific procedures and that it is not inclined to interfere in scientific matters. Currently, women between the age of 23 and 50 are permitted to undergo Surrogacy.
Source: bit.ly/4bEFNZw
EU’s Artificial Intelligence law one step closer to finalization
EU’s Internal Market and Civil Liberties Committees of the European Union have formally accepted The Artificial Intelligence Act. The Act lays down rules on artificial intelligence to establish a comprehensive code of rules on design, development, importation, marketing and use, as well as the use of artificial intelligence in the European Union. The said Act is scheduled to be tabled before the European Parliament in April 2024. It will be fully applicable 24 months after entry into force.
Source: bit.ly/3UIiOqn
EU to make new rules for validating green claims
EU’s Internal Market and Environment Committees have formulated draft rules for approving environmental marketing claims so that Companies can avoid being fined for greenwashing i.e. making false environmental claims. The draft rules will now be put to a vote at an upcoming plenary session of the European Parliament.
Source: bit.ly/3UGFLKE