Other contracting parties may disclose confidential information to their staff, representatives, financial advisors and independent contractors who require knowledge, only to the extent necessary to achieve the objective pursued and provided that these parties have signed confidentiality agreements with confidentiality obligations at least as restrictive as those provided for in this agreement. 5. No right to confidential information. The company retains all rights, titles and interests of its confidential information. This agreement does not grant other parties a patent, copyright or other intellectual property rights issued on the basis of confidential information or other rights, except for the limited right to use confidential information for purposes. 12.1. This agreement constitutes the whole agreement between the parties with respect to its purpose and replaces all previous agreements between the parties concerning the same purpose. 12.2. This agreement can only be amended by a written amendment signed by the parties. Jaroslawski S, Toumi M. Agreement on access to the european medicine market: diversity of underlying approaches and approaches. BMC Health Serv Res. 2011;11:259.
What can the courts and ministries of health do to improve trade agreements and increase transparency in price negotiations with the pharmaceutical and procurement industry? It is known that the consequences of this confidentiality can also lead to the emergence of monopolies and the asymmetry of information, i.e. the separation of decisions relating to the prescribing, consumption and financing of medicines. As a result, the pharmaceutical market is becoming imperfect, resulting in uneven variations in competition and prices, and there is no doubt that countries need effective regulation of the marketing of medicines . Adamski J, Godman B, Ofierska-sujkowska G, et al. Risk-sharing regimes for medicines: potential reflections and recommendations for European payers. BMC Health Serv Res. 2010;10:153. Representatives of health, justice, legislation, patient associations and scientists from eight countries in Latin America and South Korea attended a meeting in Chile in September 2017 to discuss price surfiability agreements and the impact on public health. During the meeting, a hypothetical case was presented to participants to subsidize discussion on the subject. Participants, divided into groups, should make recommendations on the problem, highlighting the pros and cons of adopting each proposed recommendation.