Verkhovna Rada (the Ukrainian Parliament) allowed comparative advertising of medicines

On November 12, 2019, the Verkhovna Rada adopted the draft Law dated August 29, 2019 No. 0953 “To Amend Certain Legislative Acts of Ukraine (regarding the harmonization of legislation in the field of comparative advertising with European Union law)”

The draft lifts the ban on comparative advertising of medicines, established by the current version of the Law of Ukraine dated 04.04.1996, No. 123/96-B “On Medicines.”

At the same time, more precise regulation of this type of advertising is being established. In particular, the draft law introduces a new definition of comparative advertising and allows it to be practiced in Ukraine.

Now advertisers will be able to use in their advertising materials comparison with competitor. For this purpose, it would be allowed to use images, references, trademarks or other designations of competitors products, competitor’s commercial (company) name, activity of compared products.

The law will allow to compare one or more significant, comparable and representative characteristics of a homogeneous (similar) product, activity, including price, information which can affect the consumer’s choice.

The law establishes requirements and restrictions on comparative advertising, and in connection with this, details of dishonest entrepreneurial (trading) practice.

The draft law will soon be sent for signature to the President of Ukraine and will become effective on the day following the day of publication, so there is every reason to expect the implementation of the above changes this year.