IP and R&D

The life sciences sector is made up of a broad set of industries, such as pharmaceuticals, medical technology (devices and diagnostics), biotechnology, plant protection and cosmetics. Within each of these industries are many sub-divisions or specialisms. For example, within pharmaceuticals there are chemical compounds, active pharmaceutical ingredients, or chemical entities (which are more commonly known as small molecules). There are also biologically derived products used in pharmaceuticals, such as monoclonal antibodies. In addition, there are products at the borderline of pharmaceuticals, eg foodstuffs, which may be processed to have particular designed health benefits.

Intellectual property (IP) law consists of four main IP rights—patents, trade marks, designs and copyright. For guidance to each of these in the EU, see:

  1. Patents (EU Law)—overview

  2. Trade marks (EU Law)—overview

  3. Designs (EU Law)—overview

  4. Copyright, databases & associated rights (EU Law)—overview

Patents

Patents, which grant the proprietor the right to exclude others from using the invention within a particular jurisdiction for a limited period of time, are a key part of life sciences industries, much more so than in some other types of industry.

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Latest EU Law News

Commission publishes updated clinical trials guidance package

The European Commission's Directorate-General for Health and Food Safety has published a comprehensive package of updated clinical trials guidance documents, all endorsed by the Clinical Trials Coordination and Advisory Group (CTAG) on 15 October 2025. The package includes new recommendations on criteria for selecting a reporting Member State under Article 85(2)(c) of the Clinical Trials Regulation, establishing a workshare criterion when proposed reporting Member States decline the role, which occurs in approximately 30% of applications. The Commission has updated its recommendation paper on decentralised elements in clinical trials (Version 02), superseding the December 2022 version, with revised national provision overviews and guidance on informed consent, investigational medicinal product delivery, and remote monitoring. A new recommendation paper addresses frequent issues identified during Part I and Part II assessments, based on feedback from national competent authorities and ethics committees, covering investigational medicinal product dossiers, protocols, and safety reporting. The package also includes revised guidance on auxiliary medicinal products, effective 1 December 2025 for new applications, featuring an updated classification system distinguishing between authorised, modified authorised, and unauthorised auxiliary medicinal products with corresponding application and safety reporting requirements.

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