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Roberto Cursano

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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.

On 31 January 2024, the Italian Medicines Agency (AIFA) published the Guidelines on applications for marketing authorizations submitted through the national procedure. The purpose of the Guidelines is to provide detailed information about (i) the correct submission of applications for marketing authorization and the relevant administrative and technical documentation, (ii) the steps and timeframes for the AIFA’s assessment of such applications, including any requests for clarification and/or further documentation, and (iii) the publication of the results of the preliminary assessment, the procedures for issuing the final resolutions as well as for their notification and publication in the Official Gazette.

On 23 January 2024, the European Medicines Agency published an updated version of the user guide for micro, small and medium-sized enterprises in the pharmaceutical sector. The revised guide offers comprehensive information on the EU legislative framework for medicines, outlining requirements for the development and authorization of medicines for human and veterinary use.

With Decree of 29 December 2023, published on 9 February 2024, the Ministry of Health identified the criteria and procedures for the payment of the annual fees for the monitoring and management of the Fund for the Governance of Medical Devices referred to in Article 28 of Legislative Decree No. 137/2022.

On 23 January 2024, the European Commission published a proposal to amend Regulation 2017/745 (EU) on Medical Devices and Regulation (MDR) 2017/746 (EU) on In Vitro Diagnostic Medical Devices (IVDR), which regulate notification requirements in the event of an interruption in the supply of certain types of medical devices and in vitro diagnostic medical devices, the introduction of Eudamed as a tool for the diffusion of information on devices available on the EU market, as well as transitional provisions for in vitro diagnostic medical devices.

On 10 January 2024, the National Anti-Corruption Authority published some transitional indications on the application of the provisions of the New Public Procurement Code concerning the digitization of direct awarding for an amount of less than EUR 5,000.
This tool is a transitional and supplementary measure that can be adopted in case it is impossible or difficult to use the Certified Digital Procurement Platforms and does not exempt the contracting authority from the duty to transmit the relevant information to the National Public Contracts Database.

On 15 January 2024, the Decree of the Minister of Health No. 3 of 8 January 2024 on “Changes to the regulation on the organization and functioning of the Italian Medicines Agency” was published in the Official Gazette. The Decree will enter into force on 30 January 2024. The Decree provides, amongst other things, for the abolition of the role of General Director (while the position of the President as the body and legal representative of the Agency is maintained) and the creation of the management positions of the Administrative Director and the Technical-Scientific Director.

After the Conference on Emerging Biotechnology held on 14 November 2023, the Ministry of Foreign Affairs launched a round table for the internationalization of the biotechnology sector, which met for the first time on 9 January 2024. The round table was established in order to identify strategies and provide recommendations for those working in the field of biotechnology, with the aim of strengthening the national sector and stimulating the development of innovative supply chains and emerging technologies.

On 15 January 2024, Consip S.p.A. and Confindustria Dispositivi Medici (the Italian Association of Medical Device Companies) signed an institutional collaboration agreement aimed at identifying the best procurement opportunities for public administrations in the healthcare sector.