According to Article 11 of the Code of Ethics, donations to institutions, organisations or associations that are comprised of HCPs and/or that provide healthcare or conduct research are only allowed if:

(i) they are made for the purpose of supporting healthcare or research;
(ii) they are documented and kept on record by the donor; and
(iii) they do not constitute an inducement to recommend, prescribe, purchase, supply, sell or administer specific medicinal products.

The donation of the Training kits shall be unconditional on prescribing, purchasing, registration or reimbursement of any products. The Lithuanian Civil Code expressly stipulates that a donation agreement shall be gratuitous. Any compensation in any form may be treated as pecuniary interest and therefore the donation agreement may be recognised as void.

b) uUncompensated use of the Training kits (loan for use)

Johnson could also consider signing an agreement on uncompensated use of the Training kits (loan for use) with the HCO. In case an agreement on loan for use is concluded Johnson would transfer the Training kits for temporary uncompensated possession and use to the HCOs (loan recipients). After an agreed term, the HCOs would have an obligation to return the used Training kits to Johnson.

As we understand, this model would be tailored to the needs of Johnson more than donation agreement. Johnson would have a right to collect the Training kits back, and it would ensure a greater transparency as the Training kits would be distributed to the HCOs based on a legal ground under the contractual agreement which is easier to monitor.

Such an agreement could have all the provisions stipulating the terms of use of the Training kits Johnson needs and that are acceptable to both parties. Please note, however, that in this case the same provisions regarding prohibition to induce, to prescribe, administer or sell the Medicinal product apply.

2) Dialogue with competent authorities

Johnson could also initiate the negotiations/discussion with competent authorities by writing a letter to the Agency, the Pharmacy Department at the Ministry of Health and/or the National Health Insurance Fund and asking for cooperation in order to ensure the best interests of patients.

We believe, this could also be done in cooperation with an organisation of pharmaceutical companies, such as the Association of Innovative Drug Manufacturers or the Association of Drug Manufacturers, etc. in order to express a stronger voice of pharmaceutical companies.