Regulatory Protection in the Pharmaceutical and Life Science Industries

Hardback

Regulatory Protection in the Pharmaceutical and Life Science Industries

Challenges, Opportunities and Ongoing Reform

9781035332274 Edward Elgar Publishing
Żaneta Zemła-Pacud, Assistant Professor, Institute of Law Studies, Polish Academy of Sciences, Warsaw, Poland
Publication Date: June 2025 ISBN: 978 1 03533 227 4 Extent: c 256 pp
This book examines the EU framework for regulatory protection in life science industries, with a particular focus on the pharmaceutical sector. Żaneta Zemła-Pacud discusses the rules of regulatory exclusivities and rewards for innovative life science products and the regulatory data underlying them. The author presents the framework''s meaning for the sector as a sui generis instrument of protection of intellectual property (IP) and provides an up-to-date analysis of the legislation driving EU reform of pharmaceutical regulation.

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This book examines the EU framework for regulatory protection in life science industries, with a particular focus on the pharmaceutical sector. Żaneta Zemła-Pacud discusses the rules of regulatory exclusivities and rewards for innovative life science products and the regulatory data underlying them. The author presents the framework''s meaning for the sector as a sui generis instrument of protection of intellectual property (IP) and provides an up-to-date analysis of the legislation driving EU reform of pharmaceutical regulation.

The author outlines basic principles of pharmaceutical regulation relevant to regulatory protection of innovative medicinal products, orphan and paediatric drugs, and delves into the complexities of regulatory protection for them. The book depicts how regulatory exclusivities and rewards are granted and enforced, how they are used in IP strategies and what challenges they bring. Against this background, the author presents and comments on coming changes to the system. To complete the picture of regulatory protection in the EU, the book presents how it functions in other life science sectors, including agrochemical and food industries. It also depicts the system of regulatory protection in the context of other protective regimes, especially in light of the protection of regulatory data against disclosure. Finally, it categorises regulatory protection within European civil law tradition.

This book is an insightful and stimulating contribution to the literature in intellectual property and pharmaceutical law, and an important read for scholars in those fields, as well as policymakers involved in the legal reform of the pharmaceutical sector. Practising lawyers, judges and national regulators will greatly benefit from the timely insights into the field.
Critical Acclaim
‘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. Żaneta Zemła-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, Żaneta Zemła-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
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