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Regulatory Protection in the Pharmaceutical and Life Science Industries: Challenges, Opportunities and Ongoing Reform [Kietas viršelis]

This book comprehensively elaborates on the EU framework for regulatory protection in life science industries. aneta Zema-Pacud discusses the rules governing regulatory exclusivities and rewards for both innovative life science products and the regulatory data underlying them. The analysis focuses primarily on pharmaceuticals, such as reference medicinal products, orphan drugs and paediatric medicines, but it also encompasses goods from the agrochemical and food sectors, such as plant protection products, novel food, genetically modified food and feed.

The book illustrates how regulatory exclusivities and rewards are granted, what protection they confer, and how they can be enforced. Recognising their practical importance, it further presents how regulatory protection is integrated into IP strategies and what challenges this may pose. Against this background, the author presents and comments on coming changes to the system and provides an up-to-date analysis of the legislation driving EU reform of pharmaceutical regulation. To complete the picture of regulatory protection in the EU, the book situates the system within the framework of other protective regimes, including the protection of regulatory data against disclosure. Finally, referring to European civil law tradition, the author carefully analyses the frameworks normative legal bases and proposes categorising regulatory protection as a sui generis instrument of protection for Intellectual Property.





This book is an insightful and stimulating contribution to the literature on intellectual property and pharmaceutical law. It is an essential read for scholars in those fields and policymakers involved in the legal reform of the pharmaceutical sector. Practising lawyers, judges, and national regulators will greatly benefit from timely insights into the field.

Recenzijos

This book is a timely and important contribution to the scholarship and practice of intellectual property and pharmaceutical law. With clarity and depth, it brings to light an often-underexplored yet increasingly pivotal element of the life sciences innovation ecosystem: regulatory exclusivities. While patents and supplementary protection certificates have long dominated discourse around innovation incentives, this work reveals how regulatory data protection and market exclusivity have come to play an equally, if not more, decisive role in determining when generic competition can enter the market. Rich in legal insight and grounded in a nuanced understanding of EU regulatory frameworks, the book systematically unpacks the complex layers of data and market exclusivity across the pharmaceutical, food, and agrochemical sectors. It not only details the legal architecture of current EU regulations but also offers a forward-looking analysis of ongoing legislative reforms, including the European Commissions 2023 proposals and their broader implications. What distinguishes this book is its careful balance between detailed legal analysis and practical insight. It explores regulatory exclusivities as a distinct, sui generis form of intellectual property within the framework of EU law, while situating the discussion in a broader international context, including relevant aspects of the TRIPS Agreement. Rather than advocating a singular theory, the author presents a thoughtful exploration of the legal categorisation of regulatory protection and its implications for both policy and practice. The inclusion of emerging mechanismssuch as transferable exclusivity vouchers and provisions for repurposed medicinesbroadens the scope of the study and highlights the dynamic and evolving nature of regulatory exclusivities in EU pharmaceutical legislation.' -- Frantzeska Papadopoulou, Stockholm University, Sweden The book fills a significant gap in the existing literature by analysing in great detail the crucial role played by regulatory exclusivities in the EU. aneta Zema-Pacud writes with clarity and expertise to provide important new insights into the EU framework of regulatory exclusivities and rewards for life science products. -- Duncan Matthews, Queen Mary University of London, UK In recent years, governments have enacted a confusing mélange of data and market exclusivities, particularly in the health sciences arena. In this book, aneta Zema-Pacud, a rising star in the intellectual property firmament, studies their collective impact on accessibility, quality, and innovation incentives. For students of the intellectual property system and policymakers in the life sciences space, this volume is a must-read. -- Rochelle Dreyfuss, New York University School of Law, USA

Contents
Regulatory protection in the pharmaceutical and life science
industries: an introduction ix
PART I Regulatory protection for medicinal products
1 Introduction to the regulation of market authorisation for
medicinal products
2 Data and market exclusivity for reference medicinal products
3 Regulatory exclusivities and rewards for paediatric products
4 Regulatory protection for orphan drugs
PART II Reform of the EU pharmaceutical regulation
5 The EU Pharmaceutical Strategy and the context of the
ongoing reform
6 Revision of the regulatory protection for reference medicinal
products
7 Revision of the regulatory protection for paediatric medicines
8 Revision of the regulatory protection for orphan medicinal
products
9 Transferrable vouchers for new antimicrobial medicines
10 Regulatory data protection for repurposed medicinal products
PART III Regulatory exclusivities as a part of the legal protection
for intellectual property in life sciences
11 Regulatory protection in different sectors of the life sciences
12 Exclusivity versus confidentiality of regulatory data
13 Regulatory protection in the light of TRIPS
14 Regulatory exclusivities in the EU: their legal categorisation
under civil law
Bibliography
aneta Zema-Pacud, Associate Professor, Institute of Law Studies, Polish Academy of Sciences, Warsaw, Poland