The parties therefore agree that it is important to maintain and develop a working collaboration between pharmacies and the pharmaceutical industry.

Transcription

1 Informal translation AGREEMENT BETWEEN The Swedish Association of the Pharmaceutical Industry, corporate identity No , The Association for Generic Pharmaceuticals in Sweden, FGL, corp. id. No , The Swedish Association of Pharma Traders, corp. id. No , The association Svensk Egenvård (Swedish Self care), corp. id. No , The Union of Chemists Employees, corp. id. No , The Swedish Pharmaceutical Association, corp. id. No , Pharmacy Company Sweden 1 AB, corp. id. No , Pharmacy Company Sweden 2 AB, corp. id. No , Pharmacy Company Sweden 3 AB, corp. id. No , Pharmacy Company Sweden 4 AB, corp. id. No , Pharmacy Company Sweden 5 AB, corp. id. No , Pharmacy Company Sweden 6 AB, corp. id. No , Pharmacy Company Sweden 7 AB, corp. id. No , Pharmacy Company Sweden 8 AB, corp. id. No , The Pharmacy Group in Sweden Holding Co, corp. id. No and Apoteket AB, corp. id. No , ON FORMS OF COOPERATION BETWEEN PHARMACEUTICAL COMPANIES AND PHARMACY STAFF Background The pharmaceutical industry and the pharmacies have a long history of cooperation in many different areas. This is important to both parties alike and valuable for patients at large. Under various statutory provisions and best business practice, the pharmaceutical industry is obliged to provide complete and accurate information about its products, including properties, effects and appropriate fields of application as well as possible side effects. Pharmacy employees have a corresponding need for such information to enable them to give good advice on the proper use of medicines. Pharmacy employees also come to develop a broad knowledge base concerning the properties and the use of various drugs, which knowledge must be fed back to the pharmaceutical companies in order to provide a basis for development, both to existing drugs and new applications. The parties therefore agree that it is important to maintain and develop a working collaboration between pharmacies and the pharmaceutical industry. It is imperative that any cooperation between the parties is effected such as to ensure that the parties maintain complete integrity and an independent relationship vis-à-vis one another. The relationship between pharmaceutical companies and pharmacy employees should be transparent and subject to public review. On the basis of this, the parties have reached the following agreement.

2 2 (9) About the parties The Swedish Association of the Pharmaceutical Industry AB ( LIF ) is the wholly-owned service company of the Swedish Association of the Pharmaceutical Industry. LIF offers its services to the pharmaceutical industry in Sweden in matters of common concern, among other things by promoting the development and the observance of ethical rules within the pharmaceutical sector. The Association for Generic Pharmaceuticals (FGL) is a trade association for companies selling generic pharmaceuticals on the Swedish market. Generic pharmaceuticals are copies of original medicines with the same active substance and the same quality and safety but at a lower cost. The Swedish Association of Pharma Traders/Läkemedelshandlarna s member companies are traders of original medicines through so called parallel import. Prices for prescription medicines vary considerably within the EU member countries. The basic idea of parallel import is to import licensed original prescription medicines from a country with lower prices within the EU and sell them in Sweden where prices are higher. The Rome treaty aiming at an inner market with free movement of goods and services within the EU offered the legal basis for parallel import. The association Svensk Egenvård (Swedish Self care), organises the distributors of self-care products such as plant based pharmaceuticals, natural remedies, some non-prescription medicines, nutritional supplements, sports nutrition and natural skin products for the Swedish market. The Union of Chemists Employees is the overall trade union open to all employed in the pharmacy sector, politically independent and part of TCO (The Swedish Confederation for Professional Employees). Its assignment is to develop working life conditions and look after the interests of its members in professional, social or trade-union matters. This union is a Fair Union, which means observing good ethics, dealing with companies with collective agreements, responsible for producing goods and providing services in consideration of people and environment. The Swedish Pharmaceutical Association is a politically independent and idealistic organization for qualified pharmacists and prescriptionists with a Master of Pharmacy, Bachelor of Science in Pharmacy or Bachelor of Pharmacy degree. Its primary task is to safeguard the professional and occupational interests of the pharmaceutical profession. Apoteket AB is a retail dealer in pharmaceuticals and products for the healthcare sector. Definitions Pharmacy refers to a single sales outlet for retail pharmaceuticals. Pharmacy company refers to the legal person carrying on trade in one or more pharmacies.

3 3 (9) Content of the agreement The agreement comprises all pharmacy employees including the pharmacies central units dealing with pharmaceutical companies or their commissioner. In cases where a pharmaceutical company is represented in Sweden only by marketing companies, these are responsible for controlling that the rules in the agreement are observed also by holding and sister companies for activities arranged on or directed to the Swedish market. In cases where a pharmacy company is part of an international group, it is the pharmacy company s duty to vigorously incite the whole organization to observe these rules for activities on the Swedish market. When cooperation between a pharmaceutical company and pharmacy staff will lead to activities comprised by ethical rules which the pharmaceutical company is liable to follow, on account of membership in a trade association or on other grounds, and these regulations are stricter than the rules in this agreement, it is the pharmaceutical company s duty to observe the stricter norms and regulations. 1. Conferences The pharmacy company is responsible for the employees professional development and shall agree, in consultation with the employees, upon training programs they require in order to carry out their employment duties and develop professionally. The pharmacy manager always decides on which employees may participate in collaboration/conferences regulated by this agreement. Employees collaborative activities with pharmaceutical companies shall be carried out primarily during working hours. Where collaboration/conferences occur outside working hours, however, these must also comply with the spirit of the agreement. It is the parties responsibility to assess whether any aspect of cooperation might be considered detrimental to public confidence, unduly competitive or disruptive to regular operations. 2. Consultation Pharmacy employees frequently make important contributions to the pharmaceutical companies various activities such as research, training, conferences, advisory boards or product development. The following shall be observed when pharmaceutical companies wish to engage pharmacy employees for contract work: For an employee s consulting assignment, the contract work shall be agreed in writing and signed by the employee, the pharmacy company and the pharmaceutical company. Remuneration for work carried out shall be regulated in the agreement. 3. Product information Product information conferences aim to inform attendees of the specific properties of application areas of a given drug. The following shall be considered when assessing product information conferences:

4 4 (9) Visiting activities may only be carried out on agreement with a pharmacy company s delegated contact persons for one or more pharmacies. Visiting activities not agreed upon in advance and not informing of the specific properties of application areas of a given drug may be carried out on a particular pharmacy s conditions. Product information conferences shall principally be held for groups of pharmacy employees. Such information may, however, be provided to individual employees if other alternatives would be difficult to arrange. Information imparted to an individual should be of the same type as that provided to groups of pharmacy employees in other settings. Conferences shall normally be carried out during working hours at the participants place of work. Conferences targeting participants from several workplaces may be held elsewhere than the site or city where participants work, where pedagogical, practical, economic or other similar reasons so dictate. Pharmaceutical companies shall well before product information conferences contact the pharmacy company s delegated contact person and agree the principal content of the session, time and place. If no delegated contact person has been appointed by the pharmacy company, the pharmacy manager will decide upon the form of conference and who may attend. 4. Therapy-oriented training and scientific conferences Therapy-oriented training involves conferences aiming to provide training within certain medical fields. Any given session should impart to the participant current and relevant knowledge about general or specific issues and problems within the therapeutic field in question, i.e. they should be problem-oriented rather than product-oriented. Scientific conferences are meetings arranged by pharmaceutical companies, or with the support of pharmaceutical companies, aiming to address one or more medical or other scientific issue within one or more scientific fields. The following shall be observed in the abovementioned conferences: Product information cannot be provided unless this has been previously agreed with the pharmacy company. The continuing education offered to pharmacy employees shall be based on their professional needs. Hence, upcoming training activities should be planned in consultation with the pharmacies. Pharmacies should be informed well in advance about planned training/conferences, normally two months before, to enable them to combine with proper activities. Conferences shall normally be carried out at participants place of work or in the same town or city or as near as possible. Conferences may be held in other locations than participants place of work only where pedagogical, practical, economic or other similar reasons so dictate. Conferences outside Sweden 11 are only permitted in direct connection with international training and scientific conferences (including satellite symposia) if the majority of participating personnel is not from Sweden and equivalent sessions cannot be held within the country. Study visits to internationally recognised scientific clinic,university, laboratory etc. outside Sweden are only permitted if equivalent experience or information cannot be obtained within the country and the study visit can be considered relevant to the educational purpose of the activity. 1 As a consequence of the far-reaching integration in the region of Öresund, in this agreement Själland is comparative to Sweden.

5 5 (9) The time and location of the conference and any additional activities involved should be clearly set out in the invitation. The duration and content of the agenda shall be apparent to enable the pharmacies to determine the relevance of the conference for professional training and development. 5. Refreshments, expenses and remuneration Pharmaceutical companies must not pay for the cost of travel, accommodation or conference fees for participants in a conference. The pharmacy company shall always be responsible to pay the part of the abovementioned expenses that refer to the participation of pharmacy employees. The pharmacy company shall also be responsible for the whole cost of meals included in a congress or conference running for several days. At conferences, both domestically and abroad, meals provided shall be extremely modest. Alcoholic drinks in the form of wine and beer may only be offered in limited quantities and only with food. No spirits may be offered. For meals in Sweden, the value of a lunch or a dinner should not exceed the amount per participant stipulated by LIF at the time 2. Limits fixed at the time of the agreement are enclosed in appendix 1. Amounts are liable to change from time to time and for current amounts, see LIF s website: For hospitality abroad, local rules take precedence. In the absence of local rules or guidance the Swedish levels apply. Pharmaceutical companies may pay for conference facilities, speakers, study materials and so forth which are necessary to carry out the meeting. No stand-alone social or recreational activities may be provided or offered by pharmaceutical companies nor may they be demanded by pharmacy employees in connection with the conferences or related events. However, simpler social activities, such as musical entertainment, are permitted in conjunction with meals or receptions as long as they are secondary to the actual conference and meal or reception. Participants in the conferences may not be offered fees from pharmaceutical companies and participants are not entitled to accept or demand fees for their participation. Pharmaceutical companies may not offer and pharmacy employees may not demand or accept benefits, remuneration, gifts or require any other action contravening this agreement. 6. Sponsorship Sponsorship here concerns support economic or otherwise from pharmaceutical companies of an activity/conference targeted at pharmacy employees. Sponsorship of internal activities/conferences within a pharmacy company is not allowed. 7. Use of name or trademark for the purpose of publicity etc The parties agree that neither of the parties may make use of another party s name, logotype, trademark etc for press releases, advertisements or publicity without a former agreement. 2 Amounts are defined by LIF in accordance with the Codes of Practice of the European Federation of Pharmaceutical Industries and Associations (EFPIA) and the International Federation of Pharmaceutical Manufacturers and Associations (IFPMA).

6 6 (9) 8. Follow-up The parties agree that complying with this agreement is a mutual responsibility. The parties undertake to explain the contents of this agreement to the staff of their respective organisations and companies. The parties shall have at least one yearly meeting to discuss the collaborations carried out between the parties and to observe and discuss a possible need for changes in this agreement. LIF is to convene to these meetings. LIF will follow developments on the pharmacy market and contact new operators in order to inform them about the ethical rules and invite them to take part in the agreement. 9. Corruption and bribes The purpose of this agreement is to present rules promoting collaborations to be carried out in an ethical way, with good judgment and maintenance of credibility and in accordance with ruling laws. However, good compliance with the agreement does not exempt pharmaceutical companies and pharmacy employees from possible accusations of corruption and bribery. Such responsibility must always be examined individually, based on the importance of the connection between the advantage, the exercise of duties and the extent of influence. 10. Period of validity This agreement shall apply from October 1 st, 2009 until further notice. Each party has the right to cancel the agreement with six months notice. Cancellation shall be made in writing and sent to all parties involved. However, this agreement will still be valid and its contents will remain unchanged for the parties who have not cancelled the agreement.

7 7 (9) This agreement has been drawn up in sixteen (16) copies of which each party has received one copy. Stockholm, / 2009 Stockholm, / 2009 LÄKEMEDELSINDUSTRIFÖRENINGENS LÄKEMEDELSHANDLARNA SERVICE AB (Swedish Association of Pharma Traders) (The Swedish Association of the Pharmaceutical Industry) Richard Bergström FÖRENINGEN FÖR GENERISKA FÖRENINGEN SVENSK EGENVÅRD LÄKEMEDEL FGL (The association Svensk Egenvård (Self care) (The Association for Generic Pharmaceuticals in Sweden, FGL) FARMACIFÖRBUNDET (The Union of Chemists Employees) SVERIGES FARMACEVTFÖRBUND (The Swedish Pharmaceutical Association,

8 8 (9) SWEDEN 1 AB SWEDEN 2 AB SWEDEN 3 AB SWEDEN 4 AB SWEDEN 5 AB SWEDEN 6 AB SWEDEN 7 AB

9 9 (9) SWEDEN 8 AB APOTEKSGRUPPEN I SVERIGE FÖRVALTNING AB (The Pharmacy Group in Sweden Holding Co) APOTEKET AB (publ) Stefan Carlsson