Joint guidance for medical device and diagnostics companies on ethical third party sales and marketing intermediary [“SMI”] relationships

To ensure and improve ongoing patient and clinician access to innovative, reliable and effective medical technologies, it is often necessary for medical device and diagnostics companies (“Companies”) to engage third party intermediaries to assist in the marketing, sale and/or distribution of the Companies’ products or services. The form of, and terminology used by Companies to describe relationships with these third party sales and marketing intermediaries varies, but may include distributors, wholesalers, distribution or sales agents, marketing agents, brokers, commissionary commercial agents and independent sales representatives (“Third Party SMIs”). 

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