The data exclusivity period applicable to pharmaceuticals for human use is to be extended by the introduction of an 8+2+1 rule to replace the current 6-year exclusivity period.

The changes are required under EU law and are being introduced as part of the health pack currently being prioritized by the Polish Parliament.

This means that:

  • For eight years from the date a product first receives marketing authorisation in an EU member state, applicants to register a generic drug may not refer to the information of the original marketing authorisation holder relating to (pre-) clinical testing
  • For those eight years plus a further two years, a generic product may not be marketed, even if it has been authorised
  • There is additional protection for a further year after that if in the meantime a new indication is registered.

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The original publication date for this article was 25/10/2010.