关于有缺陷产品的指令提案:创新药品的游戏变革
Mathieu Guerriaud1,2, Valérie Siranyan3
1Credimi Laboratory EA 7532, University of Burgundy, Faculty of Health Sciences 27011 7 Boulevard Jeanne d'Arc, 21000 Dijon France.
European journal of health law
|January 25, 2024
概括
欧洲委员会 欧洲委员会
科学领域:
- 制药法 制药法 制药法
- 产品责任 产品责任 产品责任
- 欧盟的法规 欧盟的法规
背景情况:
- 欧盟委员会在2022年底提出修订1985年严格责任指令.
- 主要目标是应对人工智能等新技术带来的挑战.
- 该提案对各个行业产生重大影响,尤其是制药市场.
研究的目的:
- 分析关于制药产品责任的拟议指令的影响.
- 检查证明负担和潜在制造商责任的变化.
- 评估对商业机密的影响,并引入发展风险防御.
主要方法:
- 分析欧盟委员会拟议的指令文本.
- 对现有和拟议的责任框架进行比较法律分析.
- 检查对制药制造商和患者安全的潜在影响.
主要成果:
- 该提案改变了证明负担,可能会减轻对不利影响的索赔.
- 它引入了制造商隐信息,冒险商业机密的责任推定.
- 该指令延长了限制期限,并强制规定了"发展风险防御".
结论:
- 拟议的指令可能从根本上改变欧盟的制药产品责任.
- 制造商可能面临更多的责任风险,这些风险被潜在的商业机密保护所平衡.
- 适应新技术可能会无意中重塑制药行业的既定法律原则.
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