1.3. Protection of intellectual property for innovative research

framework that is open to innovation and minimizes risk but does not block opportunities.

Central recommendations:

▪ At least 120 billion euros should be allocated for the EU research programme “Horizon Europe” (2021 – 2027) in order to make the European eco-system for research and innovation globally competitive.

▪ Based on the model of the IMI structure, a PPP Health and Joint Undertakings within the framework of Horizon Europe should increasingly integrate partners from the whole of the health industry, in addition to the pharmaceutical industry.

▪ We recommend close participation by industry in the planned “Digital Europe Programme” in order to create risk-based measures adjusted to technology instead of uniform solutions in the health industry.

1.3. Protection of intellectual property for innovative research

The protection of intellectual property is the key to creating an innovationdriven economy and to strengthening Europe as a research location. Research into and the development of new medications, therapies and medical products always go hand in hand with major risks of failure, high levels of investment and lengthy periods of development. In the case of every research approach it is initially not clear whether it will be successful.

In order to create incentives for such risky investment, there is a need for a protection of innovation through statutory protective mechanisms until innovations also become available to competitors at a later date. When patents are granted, companies are simultaneously obliged to publish certain results, to share them and make them publicly accessible. This social contract for the good of patients, society and industry should be reflected in sound statutory provisions and their enforcement for the health industry.

In order for the health industry to continue to be able to bring considerable added value for the European Community it is essential that the legal and regulatory environment promotes innovation and growth. The EU has already laid the necessary foundations by the introduction of patent protection incentives (IP incentives), e.g. supplementary protection certificates (SPCs), licensing exclusivity, regulatory data protection (RDP), exclusivity for orphan drugs and paediatric rewards.

Patent protection incentives, rapid market access and the immediate refunding in the case of market availability are the most important factors affecting investment decisions on research and development. Additional IP incentives could support and accelerate the development of new therapeutic approaches – for example, in the fields of gene technology, oncology and psychological disorders. Any cutback in the present incentive model would have a negative impact on the research-based investment activity of