POLAND Trends and Developments Contributed by: Barbara Kiełtyka, Jakub Gładkowski and Małgorzata Kiełtyka, Kieltyka Gladkowski KG Legal
lic by publishing warnings on the office website, including the name and type of food; the name of the manufacturer, batch number and expiry date; the nature of the risk and the preventive measures taken; and recommendations for the consumer. Technology Transfer in the Life Sciences Sector A noticeable trend in the Polish life sciences sector associated with regulatory changes is cross-border technology transfer. The process of creating, for example, a medical device requir- ing algorithms and hardware components is a complex, multi-year procedure often supported by EU funds and sometimes based on co-oper- ation with scientists. Regulatory changes may preclude the legal sale of such products, not only because of intellectual property protec- tions but also because of the tightening of data processing rules, sensitive data protections and concerns around patient welfare.
Therefore, new opportunities for the sale or transfer of technology to entities outside the health sector are being sought in order to give technologies new life as double use technolo- gies. Technology transfer involves various legal vehicles, and the transfer model must take into account all issues associated with a given tech- nology, including industrial property rights, R&D results, patent protection, potential future value, settlements with entities involved in the technol- ogy’s creation and the protection of algorithms that, in some cases, may qualify as medical devices. The life sciences sector accounts for a very large share of the cross-border economic turnover in Poland. In 2023, the value of the healthcare mar- ket, excluding medicines, amounted to PLN191 billion, with an average annual growth of 8.3% forecast in the period 2023–28. In the context of an aging society, the growing prevalence of chronic diseases and the increased wealth of citizens, the healthcare sector in Poland offers numerous investment opportunities.
234 CHAMBERS.COM
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