Life Sciences
We advise on:
Clinical trials
- Preparation and negotiation of clinical trial agreements on behalf of foreign sponsors with Polish sites and investigators.
- Preparation of NDA agreements accompanying clinical trials.
- Support in the establishment of clinical research centres in Poland.
- Training on new clinical research regulations.
- Ongoing legal advice on clinical trials.
Data protection in LS
- Ongoing GDPR advice to healthcare entities, including healthcare entities, biobanks.
- Drafting of GDPR procedures, information obligations, processing entrustment agreements.
- Development of models for the flow of sensitive data between entities.
- GDPR due diligence.
- GDPR in the context of marketing activities in the healthcare sector.
- Advice in the context of the planned EHDS regulation.
Medical devices
- Advice and training on medical device advertising.
- Creation of by-laws and internal procedures from medical device advertising rules.
- Marketing cooperation agreements for medical devices.
- Preparation of contracts for the sale of medical devices to medical personnel.
New technologies, AI, SaMD
- Advice on medical activities using new technology solutions in light of regulatory obligations.
- Advice on Software as Medical Device, the use of AI in the provision of health services.
- Protection of ownership of data and intellectual property created using new technologies.
- Advising on the protection and further use of data using new technologies.
Medical products
- Placing medicines on the market, in particular as regards the admissibility of post-registration changes, MAH changes, sunset clause.
- Parallel imports, including B2B disputes and regulatory issues.
- Access to medicinal product dossiers maintained by the regulatory authority.
- Borderline products (we have experience from the work of the Committee for Borderline Medicinal Products and Biocidal Products of the URPL).
- Pointing out the correct way for URPL to deal with disputes.
- Advising on the advertising and marketing of medicinal products.
- Sale and storage of medicines by pharmacies, retail shops and commercial chains.
- Duty to ensure availability of medicines.
Treatment activities
- Registration in the Register of Medical Institutions.
- Drafting of organisational statutes of medical entities and other procedures, including provision of medical records.
- Advice on contracts for the provision of health care services, including cooperation agreements between medical entities, B2B agreements in the context of occupational health services.
- Inspections by registration authorities.
- Ongoing general advice to healthcare entities.
- Management of issues related to the interrupted cold chain storage of medicines.
- Rules on the conduct of advertising and health promotion.
Telemedicine
- Comprehensive legal advice on establishing and operating a telemedicine business in Poland.
- Assistance in selecting an appropriate telemedicine business model.
- Preparation of articles of association and other necessary procedures.
- Preparation of regulations for the provision of services by electronic means.
- Preparation of the RODO procedure and all necessary information obligations and consent forms.
Patient rights, medical errors, liability of doctor, hospital, researcher, sponsor, research centre
- Representation of clients in proceedings before the Medical Incident Commission.
- Representation of clients in pre-trial and trial proceedings in respect of medical errors.
- Representation of the investigator and sponsor regarding clinical trial liability.
Distribution contracts, supply contracts (medicines, medical devices, cosmetics)
- Preparation and negotiation of contracts.
- Comprehensive advice on the international supply of goods.
Cosmetics
- Labelling of cosmetic products, requirements for packaging and labelling of medicinal products.
- Entrepreneurial status in the supply chain and regulatory obligations arising from such status.
- Advice on marketing activities.
Trade marks and unfair competition
- Managing trade mark portfolios on behalf of clients in the field of pharmaceuticals.
- Representing clients before the Polish Patent and Trademark Office, EUIPO and WIPO in trademark and design disputes, including opposition, cancellation and revocation proceedings.
- Representing clients in civil proceedings relating to trademark and design infringement and unfair competition.
Securing intellectual property, transfers of intellectual property
- Consultancy on brand protection.
- Registration of trademarks and industrial designs in the national, EU and international system.
- Advice on innovation transfer, including publicly funded projects.
Competition law in LS
- Development of customised distribution systems.
- Drafting of pharmacy franchise agreements.
- Advice on dominance issues (including definition of relevant markets, assistance in estimating market shares, commercial policy of dominant companies).
- Collaboration of competitors in R&D projects.
- Ongoing antitrust advice, including assistance in preparing responses to requests for information and market surveys issued by the President of the OCCP.
- Analysis of the compliance of the activities of trade associations with competition law.
- Representing entrepreneurs in antitrust proceedings in merger cases.
Transactions at LS
- Due diligence of therapeutic entities, entities in the cosmetic industry, medicinal products, medical devices, dietary supplements.
- Transactional support, including preparation of transaction documentation in the acquisition of shares, life sciences portfolio.
- Preparation of shareholder agreements, investment agreements, management contracts.
- Preparation of collaboration agreements, including contract manufacturing agreement, transitional services agreement, etc.
Corporate assistance in LS
- Advising on the establishment of companies in order for them to carry out therapeutic activities.
- Advising on the choice of the optimal form and structure for conducting medical activities.
- Support in corporate reorganisations, including mergers, demergers and transformations of companies operating in the medical sector.
- Corporate consultancy.
Insurance at LS
- Advising on the regulations and T&Cs of insurance companies regarding life sciences insurance products, in particular regarding clinical trials, health benefits.
- Representing the insurer in civil proceedings for medical malpractice and clinical trial errors with respect to sponsor and investigator insurance.
- Representing the insurer in civil proceedings regarding product liability of the distributor of a medical device.
Public procurement
- Supporting the client in tender proceedings for medicines and medical devices, including at the stage of enquiries to the CVS.
- Representation of the client in appeal proceedings before the NAC.
Our competitive advantages:
- Creating an interdisciplinary team of experts for a specific client.
- Our experts combine knowledge and experience from different fields of law.
- Finding business solutions for clients.
- Knowledge of the Life Sciences sector.
- Supporting clients in large, demanding business projects.
- We support clients from the initial conception of their business plans through to their implementation and ongoing operation.
- We have experts with extensive professional experience in regulatory matters, intellectual property, contract law, marketing activities, public procurement, insurance, transactions.
- We have knowledge and experience from our work in the URPL and the Office of the Patient Ombudsman.
Practice managers
Team
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