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In brief

On 27 November 2021, Law No. 175/2021 (“Consolidated Law“) was published in the Official Journal. The Consolidated Law’s main objective is the protection of the right to health of those suffering from rare diseases through measures aimed at ensuring the uniform distribution of services and medicines, including orphan drugs, throughout the Italian territory, the surveillance, diagnosis and treatment of rare diseases as well as the support to research activities.


The main changes introduced by the Consolidated Law include those relating to the establishment of the National Committee for Rare Diseases, which will carry out management and coordination functions and define the strategic guidelines of national and regional policies on rare diseases; the establishment of the Solidarity Fund for persons affected by rare diseases; and the adoption of the National Plan for Rare Diseases, which will define the objectives of, and relevant interventions in, this field.

In addition, the Consolidation Law provides for the granting of a contribution, in favor of public or private entities carrying out research activities aimed at developing therapeutic protocols on rare diseases, manufacturing orphan medicines, or financing research projects in this area, in the form of tax credit, equal to 65% of the expenses incurred for the development and implementation of these projects, up to a maximum annual amount of EUR 200,000 per beneficiary and within the overall expenditure limit of EUR 10 million per year.

Author

Roberto Cursano has been a lawyer in Baker McKenzie since September 2007. He focuses on healthcare law and compliance, and assists in tender procedures, the negotiation of public contracts and litigation before administrative courts. Mr. Cursano is a former administrative officer in the Italian Ministry of Health and helps clients work closely with the Italian Public Administration. He is admitted to the bar before the Italian Supreme Court and the Council of State. As well as training and tutoring in the master’s degree program on clinical trials of pharmaceutical products at the University of Rome Sapienza, Mr. Cursano regularly publishes articles and scientific contributions. He also frequently hosts and participates in seminars and presentations on pharmaceutical and administrative law matters.

Author

Riccardo Ovidi is an Associate in Baker McKenzie Rome office.

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