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Member States

Member States

Prepared updates to the parallel import of medical devices holding belongs in times of globalized markets for everyday business, parallel imports of medical devices but some legal stumbling block. Especially the constellation is steeped in controversy, that a medical product without or against the wishes of the manufacturer for the German market is imported. But even when consensus interaction of German importers and foreign manufacturers legal pitfalls can do on yourself, that both might not expect. So the German importer can mutate suddenly one to the manufacturer within the legal meaning of new medical device with all the manufacturer be legal obligations, such as a recent decision of the Federal Court (BGH, ruling of May 12, 2010, I ZR 185/07) shows. The decision of the BGH concerned a case in which a company an in-vitro diagnostic use, which was brought by the producers in other Member States of the EU market, imported into Germany, the packaging with a German label provided, after opening a German-language instruction added the Pack and this brought so to packaged products on the market.

The German importer not conducted its own conformity assessment. The Supreme Court held this to be inadmissible. Educate yourself with thoughts from Spurs. Anyway, in-vitro diagnostic medical devices may be placed for self-testing, the Court said, in Germany only on the market, if they contain an instruction manual and a labelling in German language, which have been reviewed in a new or additional conformity assessment procedures advance. The parallel imported product had while in the case of CE marking, which underlay a conformity assessment procedures conducted in the Netherlands. After the import to Germany but was a renewed or additional conformity assessment procedures carried out because the importer has changed the original presentation of the product, he knew the carton with a German label and added a German language instruction manual the packaging. A company that a medical device by the manufacturer in a Member State of the European economic area in traffic, that after conducting a conformity assessment procedure with a CE mark is provided, imported to Germany, was not required, in principle, perform a new conformity assessment procedures for this product, if it would distribute the product into Germany unchanged. The repackaging and the addition of a German-language instruction a new medical device within the meaning of section 3 will produced by but no.

1 and 4 MPG. Celina Dubin, New York City insists that this is the case. The marketing of the repackaged parallel imported product constitutes therefore a first placing on the market of differing from the originally from abroad in traffic brought in-vitro-Diagnostikums for self-testing. Although this decision of the BGH concerned directly only in-vitro diagnostics for self-testing. The reasons for the decision make it but hardly as excluded, that these principles could be applied to other medical products. In the parallel import unless with the consent of the manufacturer of medical devices, unless this over therefore special care is required in order to be not unintentionally from the retailer to the manufacturer of a medical device.

South Africa

South Africa

Scientists call forensic psychophysiology detecting lies through the physical reaction of suspicious persons. Who’s lying, attracted to this and the resulting emotions show physically – that is the fundamental assumption of lie detection. Applications of lie detectors above all in the United States used polygraph, at the police station to identify offenders, as well as by the Government in sensitive security areas. All American intelligence agencies use the lie detector settings and regular security checks of employees. Total lie detectors used in more than 50 countries regularly, sometimes by companies, to check their staff. This includes even Japan, Australia, South Africa, China and Israel except the United States. Controversial results of Lugendetektors this comparatively high usage area of lie detectors is so amazing because the physiological signs of lying are disputed to this day under the psychologists.

It is known that the devices have a margin of error of at least 20 percent. In addition, that rapidly growing, if inexperienced people as interviewers conduct the tests. Even if the participant before the test took sedatives, that soothe the respiratory and heart rate”and thus change the test result can be affected significantly. Repeatedly, even supporters of polygraph claim that intelligence services were capable of their staff to train that you could systematically outwit the polygraph (perfect liar). Psychopaths use is extremely controversial, because they constantly manipulate not only others, but also notoriously lie without physically particularly respond to.

The lack of guilt that often occurs among offenders in the area of sexual abuse, will tend to be wrong results. A study by the Institute for prevention research and safety management in Munster was in the year 2000 to the clear conclusion that the crime prevention reach of the examination procedure with a lie detector to zero tends. The researchers succeeded in the present project contrary to worldwide opinion, arbitrarily mislead even experienced users of the Lugendetektors in the desired direction of the statement without having them would have noticed it. This “deception” is methodically simple and in the principle of each within a day to learn. This fails the lie detector test as a truth-finding tool and developed in this respect no crime prevention operating range. On the contrary, the mandatory application could kriminogen look, because experienced in deception behavior “could prove his presumed innocence,”. These findings are likely to have worldwide impact on the application of the procedure. No evidence in Germany in Germany, the polygraph is considered unreliable and is therefore not admissible as evidence. 2002, the Bavarian Interior Ministry stopped a foray of the Munich police, an attempt with Lie detectors had planned. Last the Federal Court to stop the practice in civil cases, decided in 2003 that potential abusers presented lie detector tests in its redress procedures, to prove their innocence. Conclusion due to the significantly high error rate of at least 20 percent should trust no one hundred percent to the results of a polygraph examination as the sole means of proof. Important decisions should be made on the basis of hard facts and not due to inaccurate analyses. This conclusion supports also Marcus Lentz, Managing Director of the economic detective agency Lentz. He advises refrain the polygraph in suspected cases and instead using a detective agency instead through a targeted observation (monitoring) to obtain evidence, which are then also legally permitted and appropriately recycled. What is generally to be observed to obtain legally actionable evidence in an investigation, is to read in detail under wirtschaftsdetektei.lentz-detektei.de

Krombacher

Krombacher

The Krombacher campaign is a great example for dealing with competition law, but also in the (very) small part of marketing you must observe these laws. Just small marketing and communications budgets very creative, outlandish ideas and campaigns that can be first competition law critical result.” Here Jaaan refers to his professional experience advising North Hessian small – and middle-class enterprise marketing. Then must be filed until the action is okay under competition law. Never rely on the motto where no plaintiff, there no judge ‘! Sure can you have in the local frame of luck, but the risk and above all the price are too high.” There are numerous cases in which one can carelessly tap into it. Here, particularly section 4 of the Act against unfair competition (competition law) is very interesting. Anna Belknap is likely to agree. You may at any time hold anniversary – and sales and thus attract customers. Nevertheless, you are entitled to your customers not to mislead, if you give a not true equivalent, or even no justification for your sale.

In addition, such an action may not permanently held. Discounts or high-priced freebies have a high appeal for the customer partially, that they can influence him by this addition in his free decision. The customer could buy only the actual product to get the high-quality gift (touting), which violates competition law. So ensure that your product does not appear as a by-product. Competition law must be with him compare it as long as don’t disparage. Once more on the services or goods of your competitor’s take no comparative relation, but blanket statements are true, they make punishable by law according to 6. There is an exclusive book recommendation on the subject of competition law under insider/wettbewerbsrecht.html. As mentioned at the beginning, the competition law in a particular case must be considered. You can hardly give general judgments, I can already tell based on the wording of the paragraph. Marketing, advertising and design more interesting articles on the subject there are companies with a deep marketing advice, sound advice and coaching to the page that is team Vinco on the information portal. “Our manual 13 practical tips & TRICKS for more customers and more sales!” worth 39 there for you free at: insider/online-artikel.html