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Take a look at the latest news of our healthcare & life sciences experts:
Pharmaceuticals: challenges in entering Bulgaria's wholesale medicinal market
The pharmaceutical market in Bulgaria is a dynamic and rapidly growing sector, driven by increasing healthcare demands and a robust regulatory framework. It features a competitive mix of local and international players, with a significant presence of generic and innovative medicinal products. The push for generic medicinal products has also led to a rise in previously limited patent-related cases and revocation proceedings. However, the wholesale market remains crucial for ensuring the availability and distribution of medicinal products throughout the country.
Patients and privacy in Croatia
In 2011, Croatia made a significant leap in healthcare digitalisation by introducing the Central Health Information System (CEZIH), which serves as the primary platform for storing and standardising health data. The CEZIH integrates data management across various healthcare services, including general practitioners, dental care, specialist clinics, pharmacies and hospitals, while also linking these services with key stakeholders like the Croatian Health Insurance Fund (HZZO).
2025
S.Rosenthaler E.Todorova P.Majher Lončar* M.Voldánová Á.Kovács P.Klimek-Woźniak O.Grecu I.Sava P.Devínsky M.Hubman D.Kara
On the edge of narcotics: CBD, HHC, Kratom
Laws are evolving ever more rapidly, particularly due to the fast-paced advancements in technology and digitalisation, and few as quickly as those related to consumer products across various categories. This is especially true for substances occupying a grey area, teetering on the edge of what is prohibited and what is allowed, where the market tends to be more agile and creative than the legislation attempting to keep pace. Among these "controversial" substances, hemp cannabinoids such as CBD and HHC, along with Kratom, have flooded European markets in recent years.
27 January 2025
Central and Eastern Europe
CEE team
to the point: technology & digitalisation l January 2025
Welcome to the January edition of Schoenherr's to the point: technology & digitalisation newsletter!
Happy New Regulation - The beginning of 2025 fires the starting gun for the new Health Technology Assessment Regulation
Health technologies, such as pharmaceuticals, medical devices and in-vitro diagnostics, play a key role in the success and progress of our healthcare system. Therefore, it is important to ensure health protection when using these technologies and to promote innovation.
The Legal 500 Country Comparative Guide 2024: Pharmaceutical Advertising in Bulgaria
Regulating telemedicine and personalising healthcare: an overview of the latest revision to the Bulgarian Public Health Act
The amendments to the Bulgarian Public Health Act (PHA), introduced on 8 October 2024, are aimed at modernising the healthcare system, enhancing data management and improving patient care. They prioritise the transition to electronic health records (EHR), regulate telemedicine, and introduce a digital scheduling system for medical appointments. This article provides a high-level overview of the amendments.
Austria: Blood, tissue, cells and more – New EU Regulation on Substances of Human Origin
In Austria, almost 1,000 units of stored blood are needed every day; in Germany, it is around 15,000 units. Blood is an important emergency medication in the event of accidents, childbirth, surgeries or serious illnesses. It has a shelf life of only 42 days and cannot be produced artificially.
Revitalising healthcare: Austria's new healthcare reform
Austria's healthcare system got a long-anticipated makeover. After years of small-scale adjustments, a collective amendment – the "Vereinbarungsumsetzungsgesetz 2024" ("VUG 2024" or the "reform") – has brought a new wave of changes somewhere revolutionising healthcare in Austria. The VUG 2024 refers to a comprehensive and coordinated change made to a total of 13 legal matters, which are being modified together as a unified act for a more holistic approach. This happens to be one of the biggest reforms in the healthcare sector in recent decades.
2024
CEE
CEE team
Youth and beauty (on the edge between cosmetics and medicine)
When prompted to list the top 10 human fears, an OpenAI language model started with the fear of death and ended with the fear of rejection. The AI's advice on how to overcome these fears was clearcut: accept the impermanence of life and find meaning.
New restrictions on the sale of energy drinks in Poland
The sale of popular drinks containing taurine and caffeine, commonly referred to as "energy drinks", has been limited from 1 January 2024 in accordance with provisions introduced in the Act of 17 August 2023 amending the Public Health Act and certain other acts (Journal of Laws of 2023, item 1718). The prohibition of their sale to minors has been incorporated into Polish law and they cannot be sold in schools and other educational institutions such as kindergartens or school libraries or through vending machines.
Romania: Flavoured heated tobacco products soon to become history
Two months from now, the sale of flavoured heated tobacco products will be banned in Romania. Recent legislative changes aimed at aligning the country's laws with those of the European Union extend the prohibition of flavoured tobacco products from cigarettes and roll-your-own tobacco to heated tobacco products. Producers and traders will thus need to review not only their stocks, but also their labelling obligations when placing heated tobacco products on the market.
Regulation of nicotine pouches in the Czech Republic
Nicotine pouches are small pouches or pads containing nicotine and no tobacco. They are placed under the lip so that the nicotine is absorbed into the body through the mucous membrane. This alternative to traditional tobacco products, especially cigarettes, has been growing in popularity in recent years.
2023
E.Todorova M.Voldánová Á.Kovács V.Iurkovski A.Guzun P.Klimek-Woźniak O.Grecu P.Devínsky M.Hubman
Food Law: Using awareness to advertise with assumptions and emotions
CZ: Schoenherr Journal Edition 12
The Schoenherr Journal, published by Schoenherr's Prague office, examines the latest important legal developments in the Czech Republic.
Bulgaria: Schoenherr advises Queisser Pharma on acquisition of new office space in Sofia
Schoenherr advised Queisser Pharma Bulgaria on the asset deal acquisition of its new office space in Sofia from real estate developer Tremont. This acquisition marks one of the first office space asset deals in Bulgaria since the start of the COVID-19 pandemic.
Austria: Schoenherr advises Herba Chemosan board on management buy-out
Schoenherr has advised the board of the Austrian pharmaceutical wholesaler Herba Chemosan Apotheker-AG (Herba Chemosan) on the recent management buy-out (MBO).
The EU Clinical Trial Regulation: big data and … human rights
The new EU Clinical Trial Regulation ("Regulation No 536/2014" or "CTR") was published in May 2014 as Regulation (EU) No 536/2014 of the European Parliament and of the Council of 16 April 2014 on clinical trials on medicinal products for human use. It repeals Directive 2001/20/EC and is applicable to a certain extent as of the end of January 2022.
Austria: Schoenherr advises Nice & Green S.A. on innovative convertible notes funding programme with Marinomed Biotech AG
Schoenherr advised Swiss investment firm Nice & Green S.A. on an innovative convertible notes funding programme (CNFP) with Vienna Stock Exchange listed Marinomed Biotech AG.
Bulgaria: Schoenherr advises on top Bulgarian dental distributor transaction involving Abris Capital Partners
The newly amended Notice on Handling of Duplicate Marketing Authorisation Applications – during a pandemic, availability is all that matters
Ready for the cladogenesis of traditional healthcare?
It's June 2019 and the key players from the digital, healthcare and pharma industry have gathered at the Health Tech Summit in Lausanne to discuss a future in which preventive medicine will be customised for each patient. The idea is based on three milestones: active life (sports), mental health (healthy lifestyle) and eating habits (food). Poor eating habits and stress especially lead to the early onset of chronic diseases, costing the healthcare system billions of euros.
Bulgaria: First legislative amendments introducing telemedicine/telehealth
On 16 December the Bulgarian Council of Ministers adopted a Decree amending the local Ordinance for exercising the right of access to medical care.
Grundlagen im Lebensmittelrecht
Ernährung als essentieller Bestandteil der Medizin ist aufgrund von rasant wachsenden wissenschaftlichen Erkenntnissen immer deutlicher ins Zentrum gerückt.
Pharmaforschung: ICC-Schiedsgericht spricht Schönherr-Mandantin Millionenbetrag zu
Erfolg für AOP Orphan Pharmaceuticals vor einem Frankfurter ICC-Schiedsgericht: Das Wiener Pharmaunternehmen setzte sich mit der Ansicht durch, dass ein Vertrag mit dem taiwanesischen Arzneimittelhersteller Pharmaessentia weiter Bestand hat und bekam in dem Verfahren 143 Millionen Euro zugesprochen, unter anderem für Schadenersatz und Kosten.
New Foodstuff Act in Bulgaria
To a large extent, the draft of the new Foodstuff Act1 (New Law or the Law) was developed in 2015. However, its adoption was long discussed with the European Commission and postponed several times.
Bulgaria: healthcare & life sciences in a global pandemic
Healthcare and life sciences have a special status as a type of legal practice. The debate about what this specialisation entails, and to what extent it even qualifies as legal work, is endless. However, as a crisis is also an opportunity, the coronavirus pandemic has defined the areas where law, healthcare and the life sciences overlap.
Exportverbote für Arzneispezialitäten
Am 01.04.2020 tritt die Verordnung über die Sicherstellung der Arzneimittelversorgung ("AMVS-VO") in Kraft. COVID-19 war zwar nicht der Grund für die Erlassung der Verordnung, die Auswirkungen der Corona-Pandemie könnten jedoch schnell zum ersten größeren Anwendungsfall der AMVS-VO werden.
Export bans for medicinal products
On 1 April 2020, the Ordinance on Ensuring the Supply of Medicinal Products (Verordnung über die Sicherstellung der Arzneimittelversorgung, "AMVS-VO" or the "Ordinance") will enter into force.
Bulgaria: New Legislation in the Rose Cultivation Sector
Bulgaria is well-known for its roses, more precisely its oilseed roses (маслодайни рози). Oilseed roses are famously used to produce rose oil, which is one of the most expensive oils, commonly referred to as "liquid gold".
Telemedicine on the rise in Austria?
Seven out of the 328 pages of the new green/conservative government's programme are dedicated to the health sector. One bullet point on this programme for the next five years is to implement telemedicine treatment in the best possible way. The government further explains that it aims to promote digitalisation in diagnosis, treatment and medical research and thus strengthen Austria as a health hub.
2020
bulgaria croatia czech republic hungary moldova poland romania slovakia slovenia türkiye ukraine austria
P.Devínsky L.Çelepçi A.Mihaljević* D.Vlahov Buhin* E.Todorova L.Dočekalová M.Voldánová D.Gera V.Iurkovski A.Guzun P.Klimek-Woźniak A.Natterer P.Halwa
cee overview - healthcare & life sciences
Schoenherr wins two awards from leading financial journal Ziarul Financiar
Schoenherr Romania won two awards at the Business Lawyers' Gala held by the leading local financial journal Ziarul Financiar on 24 September in Bucharest.
Growing cannabis in Bulgaria: Legal but still stigmatised
Bulgarian legislation on the legal cultivation of cannabis makes for interesting reading. Some readers might feel that the regulations and definitions are the most hilarious things ever, and this article aims to shed light on why this may be, while running you through some legalities.
Bulgarian Courts and the Deepest Recesses of Marketing
Some local interpretations of the concepts of clean labelling and claims related to children's development and health
Czech Republic: Health products distributor fined for resale price maintenance
The Office for the Protection of Economic Competition recently fined Czech health products supplier TCM Herbs Kc853,000 (approximately €33,500) for resale price maintenance (RPM).(1)
Kautabak in Portionsbeuteln - Anmerkung zu EuGH, Urteil vom 17.10.2018, C-425/17
Muss auf den Verpackungen von Kautabak fortan der Hinweis “Bitte nicht Lutschen. Nur zum Kauen geeignet und bestimmt” ausgewiesen sein, damit das Produkt zulässigerweise vertrieben wird?
Austria/CEE: Schoenherr establishes sector group for Healthcare & Life Sciences
Schoenherr has established a new Healthcare & Life Sciences group to provide more comprehensive advice to clients active in the healthcare sector.
Austria: Two Years Of Online Sales Of Medicinal Products In Austria
Austrian legislators have been reluctant – if not outright hostile – to permit any kind of online sale of medicinal products within the country. It has been just over two years since Austrian pharmacies were finally granted the right to sell medicinal products to consumers.
Bulgaria has liberalised the legal requirements on mixtures containing 1,4-Butanediol and y-Butyrolactone
On 20 December 2017, the Bulgarian parliament voted on a legislative amendment that will allow the marketing of risky substances containing mixtures intended for industry use.
New Rules for Issuing Pharmacy Permits in Poland
On 15 May 2017 the President of Poland executed the Act of 7 April 2017 amending the Pharmaceutical Law (the "Amending Act"), which changes the current regulations of the Act of 6 September 2001 Pharmaceutical Law (Journal of Laws of 2016, items 2142 and 2003) regarding the issuance of permits to operate public pharmacies.
Legislative vacuum filled: Czech Republic introduces comprehensive new national legislation on e-cigarettes
New legislation regulating e-cigarettes in the Czech Republic entered into force on 1 March 2017, introducing specific safety and quality requirements on e-cigarettes in the country for the first time.
Bulgaria: Amendment to the pricing and reimbursements process for pharmaceuticals
The amendment aims at alleviating the existing regime for pricing of pharmaceuticals for home treatment of chronic, genetic and/or rare diseases and paid by the National Health Insurance Fund (NHIF).
Bulgaria: The Yoghurt War – A Bulgarian Food Law Case
For five years, a dispute about the differences between Bulgarian sour milk (the traditional yoghurt) and regular yoghurt led to dozens of court proceedings.
Bulgaria: Junk Food - To Tax or not to Tax?
In early 2015 the Bulgarian Ministry of Health (“Ministry”) announced its intention to follow the example of Denmark and to propose a tax on “unhealthy foods”. The aim is to limit the consumption of foods which increase the risk of chronic diseases such as obesity, heart disease, diabetes type two etc. The opinion of the National Centre for Public Health (“Opinion”) justified the Ministry’s idea that the high costs associated with widespread chronic diseases legitimise the imposition of fiscal measures. The intended taxes will affect four groups of foods which contribute to the increased risk of chronic diseases.
Bulgaria: Is This Chicken That I Have, Or Is This Fish?*
In 2003 Ms. Simpson, confused by a food label, dropped this line in a TV-show and immediately landed in the "dumb blonde" stereotype. Ten years later, Bulgarian consumers face the same confusion, wondering, "Is this chicken, or is this … water"?
This week, we are honouring and prioritising the achievements of our female colleagues by putting their content first! Content from our other colleagues remains of course available and can be found in the authors' profiles or via the search function.