Legal aspects of trade in medicines

Parke, Michael Ronald (1989) Legal aspects of trade in medicines. Doctoral thesis, City of London Polytechnic.

Abstract

This thesis considers from a comparative legal basis the existing controls upon the supply of medicines throughout the world. It assesses the desirability and effectiveness of those controls and makes recommendations as to how these could be improved.

Part I describes and analyses the legislative controls over medicines as contained in the United Kingdom Medicines Act 1968. In particular there is discussion of licensing systems, the role of the prescribing doctor and aspects of consumer safety.

Part II considers the effect upon the United Kingdom of entry in to the European Economic Community in relation to trade in medicines. Free movement of goods, competition policy and harmonisation of the legislation of Member States are the main themes discussed.

Part III deals with trade in medicines in relation to the Third World. The external relations policy of the EEC is discussed and its interaction with GATT. Also considered are the roles played by the various agencies of the United Nations in relation to the supply of medicines and the activities of transnational pharmaceutical companies in this field.

Part IV is concerned with some specific problems posed by trade in medicines, including consumer safety, product liability, price control and post-marketing surveillance.

Part V deals with the development of the supply of medicines as a human right and the part played by non-government organisations in securing that aim upon a global basis.

Part VI contains conclusions and recommendations, in which the role of the World Health Organisation is discussed in relation to a new pharmaceutical code of conduct.

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