| 2.1
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In all cases, all relevant laws, local regulations and industry codes must be observed and companies have a responsibility to check local requirements, in advance of preparing promotional material or events.
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| 2.2
| Only products registered in Thailand should be promoted by brandname to ‘healthcare professionals’ as defined in Section 1.3. While promoting products, the information should be accurate, fair and objective and presented in such a way as to conform not only to legal requirements but also to high ethical standards and to be in good taste. Claims should not be stronger than scientific evidence warrants, and every effort should be made to avoid ambiguity and making off-label product claims.
No pharmaceutical product shall be promoted for use until the requisite approval for marketing for such use has been given.
This provision is not intended to prevent the right of the scientific community and the public to be fully informed concerning scientific and medical progress. It is not intended to restrict a full and proper exchange of scientific information concerning a pharmaceutical product, including appropriate dissemination of investigation findings in scientific or lay communications media and at scientific conferences. Nor should it restrict public disclosure of information to stakeholders and others concerning any pharmaceutical product, as may be required or desirable under law, rule or regulation.
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| 2.3
| Discounts and rebates associated with the sales of pharmaceutical products (medicines and medical equipment) shall be made by a/c payee cheque, bank transfer to a bank account associated with the respective hospital or on the invoice only
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| 2.4
| Information in promotional material should be based on an up-to-date evaluation of evidence that is scientifically valid and approved by the Thai FDA.
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| 2.5
| Promotion should not be disguised. Clinical assessments, post-marketing surveillance and experience programs and post-authorization studies must not be disguised promotion. Such assessments, programs and studies must be conducted with a primary scientific or educational purpose. Material relating to pharmaceutical products and their uses, whether promotional in nature or not, which is sponsored by a company should clearly indicate by whom it has been sponsored.
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| 2.6
| The methods of promotion employed must be appropriate to the learning and professional status of the healthcare profession to whom they are directed.
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| 2.7
| It is the responsibility of all member companies to ensure that all relevant company personnel are adequately trained and possess sufficient medical and technical knowledge to present information on their company's products in an accurate, responsible and ethical manner. They must also feed back to their company, from contacts in the medical and allied professions, information which they receive on the use of products and particularly reports of side effects.
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| 2.8
| All trademarks duly registered in the Kingdom of Thailand must be respected and copyrights observed.
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| 2.9
| No member should seek to benefit from the limited protection provided to pharmaceutical patents in the Kingdom of Thailand, at the expense of the discoverer, or his licensee, who remains the rightful owner of such property in the originating country.
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| 2.10
| All member Companies should establish and maintain appropriate procedures to ensure full compliance with appropriate national and international Codes and to review and monitor all of their promotional activities and materials.
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| 2.11 | This Code of Sales & Marketing Practices is to be applied in the spirit as well as in the letter.
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