Best FDA Law Lawyers in Wrocław

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Founded in 2011
5 people in their team
Polish
English
The Law Firm of Legal Counsel Marcin May provides professional legal services to enterprises, public administration entities, as well as natural persons. The founder of the law firm is Legal Counsel Marcin May. The customer service office is located in a cozy area of ​​Popowice, and at the same...
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About FDA Law in Wrocław, Poland

There is no separate "FDA Law" in Poland. The United States Food and Drug Administration governs U S regulations within the United States, while Poland follows European Union and national rules for medicines and medical devices. In practice, a person in Wrocław seeking regulatory guidance will interact with Polish and EU authorities rather than a U S agency.

Poland implements EU medicines and medical device rules through its national bodies. The main regulator for medicines and biocidal products is the Office for Registration of Medicinal Products, Medical Devices and Biocidal Products, known in Polish as Urząd Rejestracji Produktów Leczniczych, Wyrobów Leczniczych i Wyrobów Biobójczych (URPL). Practical steps such as licensing, registration, and post market surveillance are carried out under Polish law and EU directives.

Professionals in Wrocław commonly navigate regulatory processes by coordinating with URPL, engaging European Union regulations, and, when necessary, pursuing disputes before Polish courts in the Dolnośląskie region. Local practitioners often combine Polish procedural rules with EU regulatory standards to represent clients in registration, compliance, and enforcement matters.

Why You May Need a Lawyer

Here are concrete, real-world scenarios in which a Wrocław resident or business might need FDA law related legal assistance in Poland. These examples reflect regulatory activities handled under Polish and EU law.

  • A Wrocław biotech startup seeks marketing authorization for a new medicinal product and must prepare a comprehensive dossier for URPL, including quality, safety and efficacy data.
  • A local hospital reports adverse drug reactions and wants to file a formal complaint with URPL and pursue post-marketing surveillance obligations, including risk management changes.
  • A medical device distributor in Wrocław plans to place a device on the market and needs to verify CE conformity, conduct a risk assessment, and navigate URPL oversight for high-risk devices.
  • A Wrocław pharmacy faces a suspension or revocation of its license due to regulatory compliance failures and requires defense in administrative proceedings before the Wojewódzki Sąd Administracyjny in Wrocław or related bodies.
  • A Polish clinical research sponsor in Wrocław runs a trial and must secure ethical approvals, register the trial, and report to URPL under EU Clinical Trials Regulation requirements.
  • A Polish manufacturer considers price negotiations and reimbursement with Narodowy Fundusz Zdrowia (NFZ) and needs counsel on pricing approvals, tenders, and coverage decisions.

Local Laws Overview

This section highlights two to three key legal frameworks that govern medicines and medical devices in Poland, with a focus on how they operate in Wrocław and throughout the country. EU rules are implemented through Polish law, and URPL enforces these rules in practice.

  • Prawo farmaceutyczne (Polish Pharmaceutical Law) - governs the licensing and supervision of medicines, wholesale distribution, and advertising. It sets the framework for marketing authorization, manufacturing, import, and pharmacovigilance in Poland, and is implemented by URPL with updates to align with EU directives.
  • Regulation (EU) 2017/745 on medical devices (MDR) - governs the design, manufacture, and conformity assessment of medical devices across the EU, including Poland. Poland implements MDR through national measures and URPL oversight; MDR became applicable in the EU on 26 May 2021.
  • Regulation (EU) 2017/746 on in vitro diagnostic devices (IVDR) - regulates in vitro diagnostic devices; national adaptation in Poland follows the EU timetable, with IVDR applicability beginning on 26 May 2022; enforcement and market surveillance are conducted through URPL and EU bodies.
"MDR applies from 26 May 2021 across the European Union, creating enhanced oversight for medical devices in Poland." Source: EUR-Lex MDR
"IVDR applies from 26 May 2022 throughout the European Union, requiring robust conformity assessment for in vitro diagnostic devices." Source: EUR-Lex IVDR

In addition, Polish court and administrative procedures come into play when challenging URPL decisions or licensing actions. Wrocław residents may access the Wojewódzki Sąd Administracyjny we Wrocławiu for such matters, and URPL decisions can be reviewed through administrative channels and, if needed, appellate courts.

Frequently Asked Questions

The following questions cover procedural, definitional, cost-related, timeline, qualification and comparison aspects of FDA law related matters in Wrocław, Poland. Each question is followed by a substantive answer.

What is Prawo farmaceutyczne and how does it affect me?

Prawo farmaceutyczne is the Polish law governing medicines and their handling. It affects manufacturers, distributors, pharmacies, and patients by setting licensing, advertising, and pharmacovigilance requirements that must be followed in Poland.

How does a company register a new medicine in Poland?

A company submits a marketing authorization dossier to URPL, including quality, safety, and efficacy data. The agency evaluates the dossier under EU and Polish rules before granting approval.

What is the difference between MDR and IVDR in practical terms?

MDR covers medical devices for humans, including risk assessment and conformity evaluation. IVDR covers in vitro diagnostic devices and imposes stricter classification and post-market surveillance than prior rules.

Do I need a Polish lawyer to handle URPL filings?

Yes. A local attorney with regulatory experience in Poland can navigate URPL procedures, prepare required documents, and communicate with authorities in Polish.

How long does a typical URPL approval process take?

Times vary by product and complexity, but a standard medicine approval may take 12 to 18 months, while high-risk devices can extend longer depending on data quality and inspections.

What costs should I expect when pursuing regulatory approval?

Costs include drafting and compiling the dossier, translation, filing fees, potential expert consultations, and any post-market monitoring costs. Fees vary by product type and complexity.

What documents are needed to start a clinical trial in Poland?

Documents typically include a trial protocol, investigator brochure, ethics committee approval, patient informed consent templates, and regulatory submissions to URPL and ethics boards.

What is the role of URPL in post-market surveillance?

URPL monitors safety signals, requires periodic safety updates, and enforces reporting obligations for adverse events and product complaints in Poland.

Can I appeal a URPL decision in Poland?

Yes. You can appeal to the appropriate administrative authority and, if necessary, escalate to the Wojewódzki Sąd Administracyjny in Wrocław for judicial review.

What are the implications of non-compliance with MDR or IVDR?

Non-compliance can lead to field safety corrective actions, penalties, prohibition of sale, or recall of devices in Poland, with coordination at the EU level as applicable.

How does advertising of medicines or devices work in Poland?

Advertising is tightly regulated to avoid misleading claims and must follow URPL and EU rules. Unauthorized promotion can lead to fines and enforcement actions.

What is the difference between a lawyer and a solicitor when handling these matters?

In Poland, the term commonly used is lawyer or adwokat. A regulatory affairs attorney focuses on compliance issues, while a litigation attorney handles disputes and enforcement actions.

Additional Resources

The following official sources provide authoritative guidance on medicines and medical devices regulation in Poland and the EU.

  • - Urząd Rejestracji Produktów Leczniczych, Wyrobów Leczniczych i Wyrobów Biobójczych. Functions include licensing, registration, and post-market surveillance of medicines and medical devices in Poland. https://www.gov.pl/web/urpl
  • - European Medicines Agency. Provides scientific evaluation and monitoring of medicines across the EU, including Poland. https://www.ema.europa.eu/
  • - Internetowy System Aktów Prawnych. Official repository for Polish legislative texts, including the Polish implementations of EU pharmaceutical and device rules. https://isap.sejm.gov.pl/

Next Steps

  1. Identify your exact regulatory issue in Wrocław (medicine, device, clinical trial, or advertising) and determine whether URPL oversight applies.
  2. Gather all relevant documents, including product data, licenses, filings, and any correspondence with authorities.
  3. Consult a Wrocław-based lawyer with regulatory and administrative experience in Polish FDA-like matters and EU compliance.
  4. Schedule an initial case review to map the timeline, required filings, and potential costs.
  5. Prepare a tailored plan with milestones, including deadlines for URPL submissions, ethics approvals, or NFZ negotiations.
  6. Submit any necessary documents to URPL, and set up regular progress checks with your legal counsel.
  7. Review outcome decisions, consider appeals if needed, and implement post-market or post-submission obligations as directed.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

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