Pharmaceutical Marketer! Marketing Agreement, Brand/Trade Name and Responsibility of marketer of the drugs

There are generally three types of pharmaceutical companies based upon operation strategy.
  • Pharmaceutical manufacturing company
  • Pharmaceutical Marketing Company (Marketer)
  • Research based Pharmaceutical Companies
In this article, we will discuss about definition, marketing agreement and responsibilities of pharmaceutical marketing company (Marketer) in pharmaceutical sector.
 
Marketer:

“Marketer” means a person who as an agent or in any other capacity adopts any drug manufactured by another manufacturer under an agreement for marketing of such drug by labeling or affixing his name on the label of the drug with a view for its sale and distribution.

Agreement for marketing:

No marketer shall adopt any drug manufactured by another manufacturer for marketing of such drug by labeling or affixing his name on the label of the drug with a view for its sale and distribution without an agreement as referred to in clause (ea) of rule 2 of drug and Cosmetic Act rules

Responsibility of marketer of the drugs:

Any marketer who sells or distributes any drug shall be responsible for quality of that drug as well as other regulatory compliance along with the manufacturer under drug and Cosmetic Act rules.”

Marketed by Address:

The name of the marketer of the drug and its address, in case the drug is marketed by a marketer: Provided that if the drug is contained in an ampoule or a similar small container, it shall be enough if only the name of the marketer is shown.

Rule for Market Drug under marketer Brand Name or Trade Name:

In case the applicant intends to market the drug under a brand name or trade name, the applicant shall furnish an undertaking in Form 51 to the licensing authority to the effect that to the best of his knowledge based on search in trade marks registry, central data base for brand name or trade name of drugs maintained by Central Drugs Standard Control Organisation, literature and reference books on details of drug formulations in India, and internet, such or similar brand name or trade name is not already in existence with respect to any drug in the country and the proposed brand name or trade name shall not lead to any confusion or deception in the market.”.

Form 51:

Form of undertaking to the licensing authority for marketing a drug under a brand name or trade name
(1) I .............................. of............................. intend to market the drug specified below under a brand name or trade name - …………………………… 
(i) Name of the drug : 
(ii) Dosage form : 
(iii) Composition : 
(2) I hereby give this undertaking that to the best of my knowledge based on search in trade marks registry, central data base for brand name or trade name of drugs maintained by Central Drugs Standard Control Organisation, literature and reference books on details of drug formulations in India, and internet, such or similar brand name or trade name is not already in existence with respect to any drug in the country and the proposed brand name or trade name shall not lead to any confusion or deception in the market. 
Place……………….. 
Date ………..............  

Licenses and Requirements for Marketer of Drugs:

How to Become Marketer of Drugs?

How to Sell/Market Drugs?


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