Can the amendment to the Code of Civil Procedure of March 9, 2023, have a real impact on… drug prices? As the latest article published in Dziennik Gazeta Prawna shows, absolutely yes.

Considering the Opinion of the Centre for Regulatory Impact Assessment of the University of Warsaw , co-authored by:

• dr hab. Krzysztof Koźmiński, prof. UW – Managing Partner of Jabłoński Koźmiński and Partners Law Firm,
• dr hab.. Piotr Rylski, Prof. UW and
• Katarzyna Kotruchow , PhD –

The introduction of the obligation to hear the so-called obligated party to the security proceedings in the field of intellectual property significantly affected the procedural balance of the parties to the dispute. This change is particularly important in cases concerning patent protection of medicines. Previous practices have demonstrated that protective mechanisms allowed manufacturers of innovative medicines to temporarily block the introduction of cheaper substitutes (generic medicines) – even before the substantive decision. 

The amendment paves the way for more transparent and fair decisions in IP cases that directly affect patients’ interests and the availability and prices of medicines. The seemingly technical subject therefore has a deeply social dimension. This illustrates how procedural regulation can shape the pharmaceutical market and indirectly influence consumers’ financial situations. 

We encourage you to read the entire material available here: