Concept: Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic food and substances adapted for medical or veterinary use, food for babies; dietary supplements for humans and animals; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides in the ncl vocabulary

Concept URI http://dd.eionet.europa.eu/vocabulary/eurostat/ncl/NCL05
Preferred label Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic food and substances adapted for medical or veterinary use, food for babies; dietary supplements for humans and animals; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides
Definition The majority of items found in Class 5 are pharmaceutical, veterinary and sanitary preparations. Other items in the Class Heading and in the Alphabetical List derive their classification in Class 5 from this, the first group of items listed in the Class Heading. It should be noted that most of the items are preparations. However, there are some hard goods included in this class, such as, babies' diapers, bandages for dressings and dental cements. Note that bandages that provide a healing function themselves, such as, supportive bandages, are in Class 10. Foods that are designated as being specifically for a medical or veterinary purpose are in Class 5. Foods that may be lower in calories, salt or fat but are not designated for medical or veterinary use are in the food classes (Classes 29, 30 and 32) and must be set out with adequate specificity to determine which of the food classes is appropriate for a specific item. The item in the Class Heading, "sanitary preparations for medical purposes," focuses on the difference between sanitary preparations being toiletries and sanitary preparations for medical purposes. Sanitary preparations being toiletries in Class 3 are just that—they are goods that are used for cleaning or sanitation purposes that do not serve a medical purpose and are listed in the specific inclusions for Class 3. They are soaps, shampoos or personal deodorants. Sanitary preparations for medical purposes in Class 5 go beyond cleaning. They sterilize or disinfect—both characteristic of Class 5 goods. Further, in French, the phrase, "produits hygiéniques" also refers to women's menstrual products, such as, sanitary pads. Therefore, women's menstrual products, absorbent pants and napkins for incontinents and babies' diapers are included in this class based on this Class Heading. Disinfectants are in Class 5 because they destroy harmful microorganisms, thereby contributing to the prevention of disease or other conditions that the curative items of this class remedy. "Preparations for destroying vermin; fungicides, herbicides" are also in Class 5 and it may seem incongruous to have them in the same class as disinfectants. However, they are also used to kill organisms. The purpose of all of these items is to assure the healthy existence of human beings, plants or animals. Thus, it is reasonable to classify them all with the goods that restore health to these organisms. It should be noted that blood, living tissues and biological tissue cultures are also in Class 5 when specified as being for pharmaceutical, medical or veterinary purposes and in Class 1 when they are for purposes other than pharmaceutical, medical or veterinary, e.g., for industrial or scientific purposes.
Notation NCL05
Status Valid
Status Modified 18.09.2013
Accepted Date 18.09.2013
Not Accepted Date