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	NOTICE OF THE STATE ADMINISTRATION FOR INDUSTRY AND COMMERCE AND THE STATE FOOD AND DRUG ADMINISTRATION ON PROHIBITING THE PUBLISHING OF ADVERTISEMENTS OF PRESCRIPTION PHARMACEUTICALS IN DISGUISED FORMS SUCH AS REGISTERED TRADEMARKS OR ENTERPRISES NAMES

	(No. 58 [2003] of the SAIC and the State Food and Drug Administration promulgated on May 6, 2003 and implemented as of the same day)


SUBJECT : ADVERTISEMENTS; PRESCRIPTION PHARMACEUTICALS
ISSUING DEPARTMENT : STATE FOOD AND DRUG ADMINISTRATION, STATE ADMINISTRATION FOR INDUSTRY AND COMMERCE OF THE PEOPLE'S REPUBLIC OF CHINA
ISSUE DATE : 05/06/2003
IMPLEMENT DATE : 05/06/2003
LENGTH : 351 words
TEXT :

In accordance with the relevant provisions in the Pharmaceutical Administration Law of the People's Republic of China, no one shall publish advertisements of prescription pharmaceuticals through the mass media or by other means aiming at the general public. Recently, some pharmaceutical production and trade enterprises have published a lot of advertisements of prescription pharmaceuticals through the mass media in disguised forms such as publicizing registered trademarks or enterprise names (trade names). In order to stop such acts in time, we hereby promulgate our notice regarding the relevant issues as follows:

I. Where the enterprise name used by a pharmaceutical production and trade enterprise in its advertisement contains a general name or commodity name of a prescription pharmaceutical, or its advertisement contains any content of the trademark registered with the commodity name of a prescription pharmaceutical, it shall be a form of pharmaceutical advertisement, which must be subject to the approval of the pharmaceutical advertisement examination organ.

II. When the registered trademark of a pharmaceutical production and trade enterprise is the same as the commodity name of a prescription pharmaceutical (including the previous name, same as below), or the enterprise trade name is the same as the general name or commodity name of a prescription pharmaceutical, such registered trademark or enterprise trade name shall not be used in an advertisement other than that in designated publication of medical science or pharmacology.

III. If any consulting service institution or medical treatment institution is established by using the general name or commodity name of a prescription pharmaceutical or the registered trademark of a prescription pharmaceutical as the enterprise trade name, it shall not publish advertisements through the mass media.

IV. As of the date when the present notice is promulgated, any violation of the present notice by continuing publishing advertisements of prescription pharmaceuticals in any disguised form through the mass media shall be ascertained to be in violation of Item (9) of Paragraph 2 of Article 7 of the Advertising Law, and the violator shall be punished by the administrative organ for industry and commerce in accordance with Article 39 of the Advertising Law.