COVID-19 and the Pharmaceutical and Medical Sector in Poland, Part 3: Patients’ Rights, the Product Market and an Evaluation of the State’s Actions

Patients’ Rights, the Product Market and an Evaluation of the State’s Actions

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The DLA Piper report “The COVID-19 pandemic and the pharmaceutical and medical sector in Poland” is based on the feedback from a survey conducted among DLA Piper’s clients and business contacts from the pharmaceutical and medical sector, including producers of medicines, food supplements and medical devices, as well as healthcare service providers. It is the first report that brings together the views of key players in the pharmaceutical and medical industries, describing how they see the current state of affairs on the Polish market and possible future trends, along with their recommendations as to what actions they would like to see taken in the sector. The key findings are summarised in our four briefings, the third of which focuses on patients’ rights, the product market and an evaluation of the state’s actions during the pandemic.

Respondents answered questions about the impact of the pandemic on the confidentiality of health data, and on pharmaceuticals and medical devices. They were also asked to evaluate the actions taken by the state with regard to the market during the pandemic in Poland.

Patients’ rights

Less rigorous application of confidentiality rules

Nearly 60% of respondents believe that the pandemic will lead to a liberalisation of the application of rules on the confidentiality of health data. Only less than 18% of respondents think otherwise.

It seems that the changes predicted by respondents are related to the widely discussed issue of medical data confidentiality as a constraint and an obstacle in fighting the pandemic effectively – especially due to the “European” approach to personal data protection.

The product market – pharmaceuticals and medical devices

Innovative products

Respondents are divided when it comes to the question of whether there will be more innovative products as opposed to generic products on the market as a consequence of the pandemic. 30% think there will be an increase of innovative products, 40% think there won't be, and 30% do not have an opinion on the issue.

In could be thus concluded that this market is not expected to be significantly affected by the pandemic.

Rise of locally manufactured products

The majority of respondents believe that the pandemic will lead to a growth of locally manufactured products on the market, with only one in five taking the opposite view. These results seem to correlate with other manufacturing industries, where a shortening of the supply chain is anticipated.

OTC medicines

When asked about a possible increase of OTC medicines on the market compared to prescription drugs, respondents were divided. Slightly more than 35% believe that there will be more OTC medicines, nearly 30% think there won't be, and nearly 30% said it is difficult to say. In other words, respondents do not foresee a clear impact of the pandemic on the current ratio between OTC and prescription drugs on the market.

Parallel import

Respondents were asked whether they think the pandemic will limit the parallel import of pharmaceuticals within the European Union.

Only about 15% of respondents believe that the pandemic will indeed limit parallel import within the European Union, while almost 40% do not anticipate such an effect, and nearly half said that it is difficult to say.

In other words, in contrast to many other issues, respondents anticipate that parallel import between EU countries is unlikely to be affected by the pandemic.

Evaluation of the actions of the state with regard to the market

The healthcare sector

More than 90% of respondents think that the actions taken by the state are inadequate in reducing barriers to the healthcare sector in Poland. A negligible percentage of respondents disagree.

Pharmaceuticals and medical devices

According to almost 80% of the respondents, actions taken by the state are inadequate in terms of reducing barriers to the pharmaceutical and medical products sector in Poland. Less than 9% of respondents think that they are adequate, while no respondent considered them to be definitely adequate.

Based on the DLA Piper report “The COVID-19 pandemic and the pharmaceutical and medical sector in Poland”. Here you can find the first and second briefing, which summarise the key findings.

By Andrzej Balicki, Partner, and Jolanta Dabrowicz, Senior Associate, DLA Piper