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Pharmaceuticals products liability in Japan

Pharmaceuticals products liability in Japan The Japanese liability system regarding pharmaceutical products consists of two basic categories: the general fault-based liability is accompanied by the liability system based on the Product Liability Act (PLA), which is established under the influence of American doctrine and the EC directive. The PLA liability is originally supposed to be a strict liability, but this characterisation is recently more and more doubted. The other features of Japanese law relating to pharmaceutical products liability include some state-operated compensation schemes, several measures to facilitate proof, development risk defence, lack of market share liability and class action. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Pharmaceuticals Policy and Law IOS Press

Pharmaceuticals products liability in Japan

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Publisher
IOS Press
Copyright
Copyright © 2018 © 2018 – IOS Press and the authors. All rights reserved
ISSN
1389-2827
DOI
10.3233/PPL-180471
Publisher site
See Article on Publisher Site

Abstract

The Japanese liability system regarding pharmaceutical products consists of two basic categories: the general fault-based liability is accompanied by the liability system based on the Product Liability Act (PLA), which is established under the influence of American doctrine and the EC directive. The PLA liability is originally supposed to be a strict liability, but this characterisation is recently more and more doubted. The other features of Japanese law relating to pharmaceutical products liability include some state-operated compensation schemes, several measures to facilitate proof, development risk defence, lack of market share liability and class action.

Journal

Pharmaceuticals Policy and LawIOS Press

Published: Jan 1, 2018

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