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stake, companies must approach such arrangements with urgency, creativity and
boldness. They cannot act alone: here is another example of the shared
responsibility emphasized in the Preamble. Inventive arrangements should neither
be confined to a company’s “flagship” products nor a narrow range of
communicable diseases (Guideline 35). Although unsustainable in the long term, a
carefully constructed donation programme may extend access (Guidelines 36-37).
Guidelines have already emphasized, in general terms, the central importance of
transparency in relation to access to medicines (Guidelines 6-8); Guideline 38
applies this general principle of transparency to the specific context of pricing,
discounting and donations.
Ethical promotion and marketing
39. The company should take effective measures to ensure that all information
bearing upon the safety, efficacy and possible side effects of a medicine are
easily accessible to individuals so they can make informed decisions about its
possible use.
40. The company should have a board-approved code of conduct and policy
that fully conforms to the current World Health Organization Criteria for
Medicinal Drug Promotion. In the context of this code and policy, the board
should receive regular reports on its promotion and marketing activities.
41. The company should publicly disclose its promotional and marketing
policies and activities, including costs.
Commentary: Guidelines have already emphasized, in general terms, the central
importance of transparency in relation to access to medicines (Guidelines 6-8).
Guidelines 39-41 apply this general principle of transparency to the specific context
of ethical promotion and marketing. Promotion and marketing give rise to a wide
range of access to medicines issues, such as advertising to health professionals and
the general public, packaging and labelling, and information for patients. Based on
ethical considerations, the World Health Organization Criteria for Medicinal Drug
Promotion provides authoritative guidance on these important matters (Guideline 40).
Public-private partnerships
42. When participating in a public-private partnership, a company should
continue to conform to these Guidelines.
43. If a company joins a public-private partnership, it should disclose any
interest it has in the partnership’s decisions and activities.
44. So far as these Guidelines bear upon the strategies, policies, programmes,
projects and activities of public-private partnerships, they shall apply equally
to such partnerships.
45. A company that joins a public-private partnership should take all
reasonable steps to ensure that the partnership fully conforms to these
Guidelines.
Commentary: Public-private partnerships can make an important contribution to
enhancing access to medicines. They are subject to right-to-health considerations
corresponding to those set out in these Guidelines. Where conflicts of interest may
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