MEDICAL LAW
Year:2017 | Volume:10 | Issue:39 |Papers Count:10

If the doctor prescribes the medicine for the patient without presentation of information about the way and the danger of use it, certainly the patient cannot use the medicine or cannot achieve to the perfect consequence. In fact, the prescription of the medicine without presenting the information about the way of using is ineffective and in some situation is dangerous. In any event, can this reality be the reason of the obligation for the doctor? Or it must be say that the duty of presentation of information is not on the doctor but the producer and the seller of the medicine must present these information. Unlike this approach, according to the Learned Intermediary Rule, the duty of presenting this information is on doctor as an only expert intermediate that has sufficient information about the situation of the patient.In Iranian law, the legislator has held the duty of the presenting the information on the doctor but only in some position the doctor as a learned intermediate, is liable for compensation due to failure to presenting the information.

Collaboration in drug delivery is a project by which a pharmecutical product is delivered through the cooperation of two or more legal persons. In this cooperation, a party contributes to the project with know-how and formula of a medicine and the other party provides site, necessary fund and equepments. Success in such a project requires a legal agreement entitled collaboration contracts in drug delivery. The contract is governed generally by Civil Code and general principles of contracts, and specifically by pharmecutical regulations provided by the ministry of health and food and drug administration. These regulations include the rules and contractual delivery and the regulations drug registration. In this contract, medicial and phamacutical terms sould be harmonized with legal principles and rules so that not only is the contract comprehensive but also it would be able to prevent disputes and bring about legal security for parties and help to fulfill the goals of projects. Issues such as intellectual property aspects, civil responsibility to the customers and gauantee of the results, or otherwise, are the critical subjects that sould be foreseen in such contracts. In addition, the contracts should be written in full accordance with regulations of ffod and drug administration sinceit is necessary to obtain marketing permission and liesence of drug delivery. These points highlights the importance of such contracts. This article tries to examine and analyze legal aspects of the collaboration contracts in drug delivery in practice.

Background and aim: Based on the principle of "Freedom of Contracts" and many arguments such as Tijara-An-Traz which translates as "Trade based on Mutual Consent", autonomy and mutual consent of the parties is considered the most important factor for legitimacy of contracts and deals.Today, however, treatment contracts in the private sector are limited with government's intervention regarding the financial relationships between doctors and patients and physicians are required to follow governmental rules.Method: This study uses a descriptive analytical methodology and data were collected from libraries.Findings: According to preliminary rulings, the government cannot set a certain price for the business of health staff in private centers and cannot force doctors to abide by it and the physician can, through an agreement with the patient, set a price for his medical services based on his skill, experience, gravity of the operation, common sense, and economic conditions of the society and there is no judicial reasoning on the prohibition to receive such money. Some others have accepted the legally binding nature of the governmental laws based on religious rulings but they do not believe it also concerns such examples and details of governmental laws and do not regard this issue as a religious ruling.Conclusion: it is incumbent upon everybody to protect Islamic society and setting tariffs for medical services by the government is one of the ways to protect people's rights regarding healthcare; otherwise, every physician can charge staggeringly extra money from the patients and many people may be deprived from these medical services. On the other hand, when the accept the legally binding nature of governmental rules and regulations, we cannot exclude these cases from such laws because every whole identity cannot be separated from its parts, therefore, not only is receiving kickbacks the criminal act, it is also religiously prohibited and the physician has committed a sin and must return the money received from the patient.

The "Agreement on the Application of Sanitary and Phytosanitary Measures" is one of the main agreement under the auspices of the World Trade Organization (WTO) which is called SPS. This agreement includes the rules on application of sanitary and phytosanitary measures. The purpose of the first measure is protection of human health and life of animal. The aim of the second is on the protection of the health of the plant. Nevertheless, the ultimate goal is to protect human health and environment. Well-known examples of the measures can be noted as nutrition standards, licensing procedures transportation rules, and quarantine.Contracting States of the SPS can legitimately take the sanitary and phytosanitary measures to prevent the importation of hazardous materials, which are considered as a threat to health and life of their citizens, into their territory.Since the purpose of the WTO is to liberalize trade, the imposition of any trade restriction shall be in accordance with related terms and requirements which ignoring them may lead to the responsibility of the State. SPS and its supplements regulate the terms and conditions of resorting to these measures under the main obligation of the contracting States. These terms and conditions are necessity, scientific justification and risk assessment. These requirements are decisive criteria for finding the legitimacy of contracting State’s action.This article will examine and analyze these three requirements along with the related case law from the perspective of health protection.

In recent years, traditional and complementary medicine has received a great interest from the public; however, the provided legal support to this field and the legal evolution and progress have not been aligned with its increasing popularity. We have experienced a ban on the practice of traditional medicine several times. Some branches of complementary medicine have also faced similar problems. In the last decade, due to the development and launch of WHO traditional medicine strategy, there has been a more positive environment for continuing the practice of traditional medicine in Iran. All these fluctuations intensify the necessity of raising fundamental legal issues in this area. This article aims to explain the main legal issues and challenges raised to the current order prevailing in Iran. The research method is documentary study based on legal analysis. The findings of this study have recognized four major challenges: rejection or acceptance of public order and Good morals, dual interpretation of the right to health, lack of coding for all aspects of indigenous knowledge of traditional and complementary medicine, and finally, the weakness of trade unions identity.Special attention to addressing the four challenges, has been considered by almost other authors. The first two challenges are intellectual and theoretical, and the third and fourth ones are practical. The contribution of this branch of medicine to providing people access to medical services and right to health has to be considered. The issue of expanding accessibility and diversity of medical services is more consistent with the idea of right to health, because expanding some branches such as traditional and complementary medicine will automatically lead to more access to medical services and fosters their diversity. Then, the question of service quality arises. Concerning quality assurance, better participation of traditional medicine experts in monitoring boards and taking advantage of integrated supervision model may help to mitigate the existing problems.

One of the basic matters in discussing the experimental use as an exception to patent rights is defining the subject of it. A criterion used in this regard is making a distinction between experiments done with a commercial purpose and the ones done with a non-commercial one. This approach has already been discussed in Iranian legal literature. Another approach, however, is differentiating between experimenting "on" an invention and experiments done "with" the help of a patented invention.Traditionally, it is accepted in most legal systems that the subject of the exception is experimenting "on" the subject-matter of the invention. However, with the fast growth of some fields of science such as biotechnology, there are innovations developed which could be patented as an invention on one hand, and used as a tool for carrying other researches out on the other hand. With this new development, the possibility of extending the exception to include experimentations done "with" the use of such research tools has been put into question.In the current research, the German and U.S. legal systems are comparatively studied with the Iranian one. The results show that although some patent scholars believe that at least universities and non-profit organizations should be exempted from infringement liability in this regard, the case law of these systems shows no acceptance of extending the exception to such experimentation but rather is in search for other solutions.

Humanitarian Aid Agencies are dealing with various number of challenges in the course of their humanitarian operation in dangerous situation of armed conflict. Partly, these challenges are related to the problem of enforceability of International Humanitarian law, for instances regulating of aid workers operations belongs to this category. But the other challenges referred to the new emerging context of current armed conflicts which dictates whole new rule of conducts for Humanitarian aid operations. Also, numerical increasing of these humanitarian entities have created some other challenges like desperate need to harmonize their operations to avoid wasting limited resources, counterproductive measures, and frustration in the process of accomplishing their duties. All of these challenges generally, in one hand, are related to situation of armed conflict and other exigencies and in the other hand to the typology of different humanitarian aid organizations. These are the main factors which lead to inefficacy in the process of aiding stricken population. Enumerating the challenges which would be faced in the course of humanitarian operations including, numerous attacks on aid workers group, unwillingness to harmonize conducts of all these different entities helping population in crisis and inability to provide effective aid which eventually may led to the failure of humanitarian aid organizations to achieve their final targeted aim to meet the urgent needs of people in crisis or at least make it so formidable.

Classification of drugs into two categories named soft and hard has a long history in Netherlands and United States of America. Soft drugs are believed to be non-addictive and less damaging to the health than hard drugs.According to this belief, decriminalization of soft drugs has much of pros.Their arguments for decriminalization may be gathered in two areas: law and health. The pros believe: From legal view of point, the soft dug problem belongs to health care area and using criminal sanction should be as the last resort. Imposing criminal sanctions to soft drug users is undue, ineffective, without interest and unnecessary. Respecting citizen privacy and religious beliefs in addition to respecting to their opinions and to refrain labeling them as addicted criminals are other arguments for decriminalization. In safety and health area according to plenty of scientific studies and reports, the pros, believe not only soft drug cause illness but also has important role in reliving pains and curing diseases like M.S, Hepatitis, AIDS, etc.