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In brief

On 10 April 2024, the European Parliament, in a plenary session, approved the new proposals for a directive and regulation on medicinal products for human use. The two texts will now have to be approved by the European Council.


Key takeaways

These proposals aim at ensuring safer, more efficient, and high-quality medicines for European citizens, at promoting innovation and development of medicines to address unmet medical needs, and at strengthening the research on new medicines to tackle antimicrobial resistance.

Among the changes introduced by the European Parliament with respect to the texts proposed by the Commission, should be highlighted: (i) the extension to seven and a half years of the minimum period of patent protection, to which may be added 12 months of protection if the authorized medicinal products address an unmet medical need, or six months if comparative clinical trials are conducted, and an additional six months if a significant part of the research and development of the product takes place within the European Union, up to a total maximum of eight and a half years; and (ii) the provision of a maximum period of market exclusivity of 11 years for orphan drugs used in the treatment of rare diseases, if they meet a high unmet medical need.

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.

Author

Francesca R. Baratta is an Associate in Baker McKenzie Rome office.