EurekaMag
+ Most Popular
Cunninghamia lanceolata plantations in China
Mammalian lairs in paleo ecological studies and palynology
Studies on technological possibilities in utilization of anhydrous milk fat for production of recombined butter-like products
Should right-sided fibroelastomas be operated upon?
Large esophageal lipoma
Apoptosis in the mammalian thymus during normal histogenesis and under various in vitro and in vivo experimental conditions
Poissons characoides nouveaux ou non signales de l'Ilha do Bananal, Bresil
Desensitizing efficacy of Colgate Sensitive Maximum Strength and Fresh Mint Sensodyne dentifrices
Administration of fluid by subcutaneous infusion: revival of a forgotten method
Tundra mosquito control - an impossible dream?
Schizophrenia for primary care providers: how to contribute to the care of a vulnerable patient population
Geochemical pattern analysis; method of describing the Southeastern limestone regional aquifer system
Incidence of low birth weights in a hospital of Mexico City
Tabanidae
Graded management intensity of grassland systems for enhancing floristic diversity
Microbiology and biochemistry of cheese and fermented milk
The ember tetra: a new pygmy characid tetra from the Rio das Mortes, Brazil, Hyphessobrycon amandae sp. n. (Pisces, Characoidei)
Risk factors of contrast-induced nephropathy in patients after coronary artery intervention
Renovation of onsite domestic wastewater in a poorly drained soil
Observations of the propagation velocity and formation mechanism of burst fractures caused by gunshot
Systolic blood pressure in a population of infants in the first year of life: the Brompton study
Haematological studies in rats fed with metanil yellow
Studies on pasteurellosis. I. A new species of Pasteurella encountered in chronic fowl cholera
Dormancy breaking and germination of Acacia salicina Lindl. seeds
therapy of lupus nephritis. a two-year prospective study

Basic concepts and issues: a primer on distribution and sales representative agreements in the medical device and durable medical equipment industries


Basic concepts and issues: a primer on distribution and sales representative agreements in the medical device and durable medical equipment industries



Journal of health law 39(2): 165-230



ISSN/ISBN: 1526-2472

PMID: 17002232

Counsel for a manufacturer of medical devices or durable medical equipment must have working knowledge of various legal disciplines to draft contracts with intermediaries (sales representatives and distributors) for the marketing and sale of the manufacturer's products. If the manufacturer wishes to sell its products abroad, counsel must become familiar with the laws and business practices of the target country, and methods of gaining access to the foreign market. This Article gives readers an overview of the applicable legal principles, under U.S. and foreign laws, in the areas of agency, contracts, healthcare regulation, consumer protection, intellectual property protection, and dealer protection. To aid counsel in drafting intermediary agreements, specific contractual terms and issues are explored in depth, including: appointment clauses, performance provisions, provisions concerning pricing and payment, protective clauses (shielding the manufacturer from liability), term and termination provisions, independent contractor clauses, export control clauses, recordkeeping and audit provisions, choice of law clauses, and dispute resolution clauses.

Please choose payment method:






(PDF emailed within 1 workday: $29.90)

Accession: 048357847

Download citation: RISBibTeXText

Related references

Medicare program; end-stage renal disease prospective payment system and quality incentive program; ambulance fee schedule; durable medical equipment; and competitive acquisition of certain durable medical equipment prosthetics, orthotics and supplies. Final rule. Federal Register 76(218): 70228-70316, 2011

Managerial implications of medical sales representative perceptions of job duties, job qualifications, and other performance-related issues. Health Marketing Quarterly 22(2): 3-26, 2004

Durable medical equipment : Health policy and pratice management issues in orthopaedic surgery. Clinical Orthopaedics and Related Research (457): 120-123, 2007

Association of medical students' reports of interactions with the pharmaceutical and medical device industries and medical school policies and characteristics: a cross-sectional study. Plos Medicine 11(10): E1001743, 2014

Medicare program; competitive acquisition for certain durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS) and other issues. Final rule. Federal Register 72(68): 17991-18090, 2007

Ethical Issues Pertaining to Conflicts of Interest Between Neurologists and the Pharmaceutical and Medical Device Industries. Seminars in Neurology 38(5): 589-598, 2018

Durable medical equipment reuse and recycling: uncovering hidden opportunities for reducing medical waste. Disability and Rehabilitation. Assistive Technology 15(1): 21-28, 2020

Policy versus practice: comparison of prescribing therapy and durable medical equipment in medical and educational settings. Pediatrics 114(5): E612-E625, 2004

Basic assessment of trust level in medical apparatus and instruments sales systems by medical organization. Zhongguo Yi Liao Qi Xie Za Zhi 25(2): 109-111, 2001

From medical invention to clinical practice: the reimbursement challenge facing new device procedures and technology--part 1: issues in medical device assessment. Journal of the American College of Radiology: Jacr 3(9): 694-702, 2006

The medical service law and its related regulations: steps to be taken for the law by medical device industries. Nihon Hoshasen Gijutsu Gakkai Zasshi 59(4): 484-485, 2003

Medical, pharmacy and nursing students in the Baltic countries: interactions with the pharmaceutical and medical device industries. Bmc Medical Education 20(1): 105, 2020

Medical devices. Part I. A primer on medical device regulation. Fda Consumer 20(4): 24-27, 1986

The Basic Medical Sciences. Changing Distribution of Medical Scientists in Medical Schools. JAMA 189: 206-208, 1964

Medical needle device and medical equipment having the same us patent 4657535 april 14 1987. Official Gazette of the United States Patent and Trademark Office Patents 2: 931, 1987