Intellectual Property / Patent / Copyright Medical Law Law

Regulatory Protection in the Pharmaceutical and Life Science Industries: Challenges, Opportunities and Ongoing Reform

By Żaneta Zemła-Pacud
Edward Elgar Publishing July 2025

Specifications

ISBN-13
9781035332274
Publisher
Edward Elgar Publishing
Publication
July 2025
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

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.

Table of 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

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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
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