A/63/263 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 24 08-45647

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