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Drugmakers divided over Poland’s new pharma litigation rules
['Aneta Zachová']
Euractiv
The 2023 provisions introduced a strict six-month limit for filing injunction requests, starting from when the patent owner learnt of an alleged infringement.
The 2025 amendment will remove the fixed six-month limit, leaving courts’ discretion to assess timeliness based on each case’s circumstances.
He notes the previous six-month limit sometimes obstructed legitimate delays due to prolonged negotiations, temporary product launch halts, or complex evidence gathering.
Removing the compulsory duty to inform courts of ongoing patent invalidation does not mean ignoring such factors.
Judicial injunctions do not equate to lost access to treatment, as reimbursed innovative medicines remain available, ensuring continuous care.