Dr Żaneta Zemła-Pacud

Department of Polish and European Industrial Property Law
Assistant Professor
email: z.pacud@inp.pan.pl

Żaneta Zemła-Pacud graduated in European studies (2003) and law (2004) at the Adam Mickiewicz University in Poznań. From 2004 to 2006, she held the position of Research Assistant at the Faculty of Marketing and Management at the Technical University in Częstochowa. In 2012 she obtained the Doctor Iuris title at the Faculty of Law at the Jagiellonian University in Cracow; for her dissertation “Patent protection for Pharmaceuticals”, she was awarded the Grand Prix in the annual Patent Office Competition for the best IP book. For consecutive years, she held the position of Assistant Professor in the Chair of IP at the Jagiellonian University and taught the Law of Industrial Property there.

In 2016, she began her research concerning the legal protection of regulatory data in Life Sciences and started her collaboration with the Faculty of Law at the University of Lodz, where she held the position of Assistant Professor, conducted course lectures in IP law, and co-organised an MA seminar in Intellectual Property.

Since 2019, she has been holding the position of Assistant Professor at the Institute of Law Studies at the Polish Academy of Sciences (ILS PAS). In this capacity, she carries out her research on the protection of innovation and regulation in the Life Sciences and holds lectures as part of the postgraduate course in Law of New Technologies. In 2021, she established a research group Life Science Legal Lab, within which young scholars develop their research interests and prepare under her supervision. Żaneta Zemła-Pacud has also been a co-supervisor of several PhD theses. In 2022, Żaneta Zemła-Pacud was chosen as a member of the ILS PAS Scientific Board, and since 2023, she has represented the Polish Academy of Sciences in the European Federation of Academies of Sciences and Humanities, contributing to the IPR working group.

Żaneta Zemła-Pacud has led and participated in several domestic and international research projects in the field of biotechnological inventions, AI in patent judiciary, IP in the health sector in Poland, and others. As an external expert, she served WIPO and the PPO projects. As a visiting researcher, she carried out her research at the MPI for Innovation and Competition in Munich and at the LML Centre at the University of Cambridge. At present, she participates in the ongoing QMUL’s international project “Lessons from the COVID-19 Pandemic for IP Licensing Practices in Vaccine Production”, funded by the British Academy.

Żaneta Zemła-Pacud authored and co-authored numerous books and articles on technology protection, especially in the life sciences. She has taught intellectual property law, patent law, and new technologies at several prominent Polish universities. Żaneta Zemła-Pacud has also held numerous lectures and workshops on patent law, IP law and law of life science innovation in the country and abroad (i.a. for the Polish Patent Office, Warsaw Chamber of Attorneys-at-Law, the SWPS University in Poznań, IP Summer School held at the Jagiellonian University, University of Malaga and Queen Mary University of London). She has been a reviewer in several legal journals (i.a. GRUR Int, The Journal of World Intellectual Property, Yearbook of Antitrust and Regulatory Studies) and also a GRUR International correspondent.

With her expertise in regulatory data protection Żaneta Zemła-Pacud has recently served as an expert in the discussion on the ongoing revision of pharmaceutical regulation in the EU, taking part in roundtables organised by the European Parliament and the Polish Patent Office, as well as in conferences and workshops for public administration, business stakeholders and non-governmental organisations.

She draws on practical knowledge on the dynamics within the pharmaceutical sector from her employment as Of Counsel at a leading IP law firm.


Research projects

2012-2015 – Investigator and later the co-leader of the international research project “Innovation Expert System” focusing on AI-driven decision making in patent disputes, conducted in the Chair of Intellectual Property at the Jagiellonian University

2017-2018 – Expert in a project conducted jointly by WIPO and the Polish Patent Office aiming at assessing the impact of the Polish patent system and IP law on innovation in the health sector in Poland

Since 2017 – One of the initiators and leading members of an international research network “IP in agriculture”, within a research project based at the University of Balearic Islands.

2017 to 2021 – Investigator in an NCN-financed research project “Patents for biotechnological inventions concerning human body and fundamental rights”

2020 – 2024 – Principal investigator in an NCN-financed grant “Protection of Regulatory Data in European Intellectual Property Law”

Since 2023 – Investigator in an international research project “Lessons from the COVID-19 Pandemic for IP Licensing Practices in Vaccine Production”, funded by the British Academy, led by Duncan Matthews (Queen Mary University of London), with Ken Shadlen (London School of Economics and Political Sciences), Esther van Zimmeren (University of Antwerp) and Timo Minssen (CeBIL, University of Copenhagen) as Co-investigators.


Research stays:

July 2023, September 2022 – research stays at the University of Cambridge, Centre for Law, Life Sciences and Medicine

July-August 2017, June-August 2018 – scholarships at the Max Planck Institute for Innovation and Competition in Munich


Zainicjowane i współorganizowane konferencje naukowe:
Prizes and awards:
  • Winner of the Polish Patent Office competition for the best doctoral thesis in the field of IP in 2012 – Prize of the Minister of Science and Higher Education and Prize of the Polish Chamber of Pharmaceutical Industry Employers (7.12.2012).
  • Winner of the 8th “Crystal Heart of Legal Counsel” competition for pro publico bono activities (11.03.2016).

Memberships:
  • ALLEA – European Federation of Academies of Sciences and Humanities, IPR Working Group
  • ATRIP – International Association for the Advancement of Teaching and Research Intellectual Property
  • EPIP – European Policy for Intellectual Property

Recent publications:
  • Encyclopedia of Intellectual Property Law – Poland, with: A. Tischner, T. Targosz, in: P.Torremans, P.Yu, J. Jutte, Encyklopedia of Intellectual Property Law, Edward Elgar, forthcoming;
  • The European Medicines Agency’s path to greater access to pharmaceutical regulatory data: balancing intellectual property rights and the right to privacy, współaut.: Duncan Matthews, Gabriela Lenarczyk (w:) ed. H. Ullrich, P. Drahos, G.Ghindini, Kritka: Essays on Intellectual Property, Edward Elgar 2024, forthcoming
  • Ad cuius bonum? Księga Jubileuszowa dedykowana Professor Helenie Żakowskiej-Henzler Ad cuius bonum? A book of honour for Professor Helena Żakowska-Henzler], co-edited, with: Tomasz Zimny, 2023
  • Categorisation of regulatory exclusivities under Polish Law (in:) Ad cuius bonum? Księga Jubileuszowa dedykowana Professor Helenie Żakowskiej-Henzler ed. Żaneta Zemła-Pacud, Tomasz Zimny, 2023
  • The Cross-border Patent Litigation in the EPC System, together with: Tomasz Targosz, (in:) D. Matthews, P. Torremans, Handbook on European Patent Law, Edward Elgar, 2023
  • To Have Your Cake and Eat It Too: Sufficient Disclosure of Inventions in the Light of the Polish Supreme Administrative Court’s Judgment of 24 April 2022, II GSK 1724/18, IIC 54, 1105–1115, 2023.
  • Biotechnology, Patents and Human Rights in Europe, together with: Helena Żakowska-Henzler, Tomasz Zimny, Edward Elgar, 2023.
  • The EU regulatory data protection in the agrochemical industry. Towards a data sharing model in favour of sustainable market play and a sustainable environment, together with: Gabriela Lenarczyk, The Journal of World Intellectual Property, 2023.
  • Clinical Trial Data Transparency in the EU: Is the New Clinical Trials Regulation a Game-Changer?, together with: Gabriela Lenarczyk, IIC 2023;54(5):732-763.
  • A shifting paradigm of regulatory data transparency in Europe. How to reconcile the irreconcilable (in:) S. Frankel, M. Chon, J. Schovsbo, B. Lauriat, Improving Intellectual Property: A Global Project, Edward Elgar, 2023.
  • Komentarz do Ustawy – Prawo Własności Przemysłowej w serii Komentarze Prawa Prywatnego Wydawnictwa Beck [BECK Commentaries to the Polish Law on Industrial Property], co-authored, Beck 2021.
  • Patents as an Incentive for Innovation, co-edited, with: R. Sikorski, Wolters Kluwer 2021.
  • Between Breakthrough and Incremental Innovation – Rethinking pharmaceuticals’ Eligibility for IP Protection (in:) Patents as an Incentive for Innovation, R. Sikorski, Żaneta Zemła-Pacud Wolters Kluwer 2021.
  • The CJEU abolishes Neurim and SPCs for new therapeutic indications, Journal of Intellectual Property Law & Practice, 2021.
  • IP and Access to COVID-19-relevant Medicines – in Search of an Optimal Legal Framework, together with: Gabriela Lenarczyk, ZNUJ 4(150)/2020.
  • Innovation in the Polish health sector. A qualitative assessment, WIPO Economic working paper, 2019.
  • Patents, SPC and data exclusivity at the service of legal protection for pharmaceuticals, (in:) The object and purpose of intellectual property, ed. Susy Frankel, Edward Elgar 2019.

Lectures and presentations – the recent key contributions:
  • EU Pharmaceutical Roundtable – the EU institutions’ representatives and the stakeholders dialogue on EU pharmaceutical package and actions securing access to critical medicines, European Parliament, Brussels, 31.01.2024
  • Regulatory Exclusivities as a Part of Intellectual Property – The Legal Categorisation, Workshop on Pharmaceutical Patent and Regulatory Data, University of Victoria, Wellington, 8-9.11.2023
  • Provisional Patent Applications: Opportunities and Challenges through the Lens of Legal and Empirical Studies, EPIP Annual Conference, Cracow 11-13.09.2023
  • What can IP learn from the Life Science regulatory framework and vice versa? 41st Annual ATRIP Congress, Tokyo, 9-12.07.2023
  • Moderating a roundtable on Regulatory exclusivities in the EC legislative proposals during a conference Changes in IP and regulatory framework for pharmaceutical innovation – a debate on the ongoing reform, Warsaw, 16.06.2023
  • Roundtable on Pharmaceutical regulations v. protection of IP during the PPO conference Challenges of IP system in Poland, Cracow, 18-19.05.2023
  • Panel discussion on Covid-10 Vaccine Partnerships, Cebil Annual Symposium 2023 on Intellectual Property and Biologics: Policy Challenges and Response, 12.05.2023, Cambridge
  • Changes in European IP and regulatory system for medicines: A first swing at a drug repurposing framework, Cure Drug Repurposing Collaboratory Annual Meeting at Workshop, Washington, 18.04.2023
  • Revision of the pharmaceutical regulation. In search of balance between access and innovation, Multistakeholder meeting in the European Parliament, Brussels, 23.01.2023
  • Protection of Regulatory Data as an instrument of fostering innovation in the agrochemical and agri-food industry, International Conference Intellectual Property in Agriculture, Naples, 26.11.2021
  • Data Exclusivity in the Light of Covid-19-legal challenges, World Intellectual Property Forum, 26.04 -3.05.2021
  • Cumulation of intellectual property rights in the life science sector, IP Conference for 100th anniversary of the Paris Convention, organised by the Polish Patent Office, 28.11.2019
  • Data Exclusivity and Patents – Interrelations, Overlaps and Consequences of Their Co-existence, 38th ATRIP Congress, Nashville, 25-28.08.2019
  • Innovation of the Polish health sector, WIPO Seminar on Intellectual property and socio-economic development in the Polish health sector: Are we innovative?, Warsaw, 29.10.2018
  • Legal instruments stimulating innovation in pharmaceutical industry. Their importance for the Polish pharma, Conference „Rethinking patent law as an incentive to innovation”, 8-9.10. 2018
  • Patent protection for pharmaceuticals – exclusions, exceptions, limitations – IP Summer School, UJ, Cracow, at the Jagiellonian University in Cracow, 19.09.2018
  • Unfair Commercial Use of Pharmaceutical Data, ATRIP Congress, Helsinki, 7.08.2018
  • Protection of Regulatory Data for Biotech Innovations in Europe, International Conference “New Challenges of the IP Law in the Biotech Sector” Poznań, UAM, 27.04.2018
  • Data exclusivity as an instrument of legal protection for pharmaceuticals, ATRIP Congress, Wellington, 23-27.10.2017
  • Infringement of patent – IP Summer School, UJ, Kraków, at the Jagiellonian University in Cracow, 12.09. 2017.