A Brief Introduction to the Regulatory Environment of Medical Device Supervision. CFDA Department of Legal Affairs Liu Pei

Similar documents
Registration of Innovative Medical Devices in China

Chinese Intellectual Property Right Regime and Independent Innovation of Enterprises

Medical Technology Association of NZ. Proposed European Union/New Zealand Free Trade Agreement. Submission to Ministry of Foreign Affairs & Trade

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT. pursuant to Article 294(6) of the Treaty on the Functioning of the European Union

Quality assurance in the supply chain for pharmaceuticals from the WHO perspective

Measures for the Administration of Securities Investment within the Borders of China by Qualified Foreign Institutional Investors

TRIPS and Access to Medicines. WR Briefing

The Investigation of Bio-medical Science and Technology Innovation Service Platform in Guangzhou

The Enlightenment of Israeli Innovation-driven Experience to the Economic Development of Suzhou

ORDER OF THE PRESIDENT OF THE PEOPLE'S REPUBLIC OF CHINA

PLAN OF DEVELOPMENT: ASPECT ON THE GOVERNMENTAL POLICY

Research on Technological Innovation Capability Evaluation of Guangxi Pharmaceutical Industry

Recast de la législation européenne et impact sur l organisation hospitalière

Overview of Intellectual Property Policy and Law of China in 2017

(Fig.) JPMA Industry Vision 2025

CHINA MED DEVICE. China Medtech Will Continue Its Double Digit Growth in Years to Come

Standing Committee on the Law of Patents

Establishment of a New Classification regarding IoT (Internet of Things)

Overview on Medicines Regulation: regulatory cooperation and harmonization in focus

INVENTION LAW OF THE DEMOCRATIC PEOPLE S REPUBLIC OF KOREA. Chapter 1 Fundamentals

2012 UN International Seminar for Global Agenda - The Population and Housing Census. Hyong-Joon Noh Statistics Korea

B) Issues to be Prioritised within the Proposed Global Strategy and Plan of Action:

Written Submission for the Pre-Budget Consultations in Advance of the 2019 Budget By: The Danish Life Sciences Forum

Masanobu UEDA International Affairs Division Japan Patent Office

ASEAN Regulatory Harmonisation and Approval Process

MUSEUM SERVICE ACT I. BASIC PROVISIONS

The EFPIA Perspective on the GDPR. Brendan Barnes, EFPIA 2 nd Nordic Real World Data Conference , Helsinki

An Essential Health and Biomedical R&D Treaty

clarification to bring legal certainty to these issues have been voiced in various position papers and statements.

An Introduction to China s Science and Technology Policy

The Fourth Industrial Revolution in Major Countries and Its Implications of Korea: U.S., Germany and Japan Cases

Utility Utilit Model Sy Model S stem in China

EN Official Journal of the European Union L 117/176 REGULATION (EU) 2017/746 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL.

Digital Health Startups A FirstWord ExpertViews Dossier Report

Recent Trend of Generic Medicines Market In Japan

International Conference on Pharmaceutical Research and Development June 06-07, 2018 Philadelphia, USA

Management on Mining Rights of Oil and Gas in China

Guidelines to Promote National Integrated Circuit Industry Development : Unofficial Translation

APPENDIX AVAILABLE ON REQUEST. Research Report 154

The Construction of the Legal Environment of the Transformation of the Scientific and Technological Achievements in China

18 The Impact of Revisions of the Patent System on Innovation in the Pharmaceutical Industry (*)

WHO Regulatory Systems Strengthening Program

Digital Medical Device Innovation: A Prescription for Business and IT Success

Outline of Patent Attorney Act and Its History of Revisions for Further Improving the Quality of Patent Attorneys in Japan

The Medical Device Regulation: Transitioning between old and new

4 The Examination and Implementation of Use Inventions in Major Countries

FRAMEWORK ACT ON MARINE FISHERY DEVELOPMENT. [Enforcement Date: Nov. 28, 2009] [Act No. 9717, May 27, 2009, Other Laws and Regulations Amended]

Justice Select Committee: Inquiry on EU Data Protection Framework Proposals

Elements of a global strategy and plan of action

Supporting Innovation through Regulation and Science

Official Journal of the European Union L 117. Legislation. Legislative acts. Volume May English edition. Contents REGULATIONS

Flexibilities in the Patent System

EU regulatory system for robots

Cross-Border R&D in China Understanding the Regulatory Challenges

Medical Devices cyber risks and threats

Collegium Pharmaceutical Inc (COLL) - Pharmaceuticals & Healthcare - Deals and Alliances Profile

Ministry of Justice: Call for Evidence on EU Data Protection Proposals

Draft Plan of Action Chair's Text Status 3 May 2008

International Conference on Humanities and Social Science (HSS 2016)

China: Managing the IP Lifecycle 2018/2019

COURSE SCHEDULE

The IIE disseminates and promotes the scientific know-how

Local Production of Pharmaceuticals and Related Technology Transfer UNCTAD/CD-TFT 1. Background

Remarks by Mr. Sun Chengyong. Head of Delegation. Ministry of Science and Technology, China. May 15-16, 2017

The 45 Adopted Recommendations under the WIPO Development Agenda

EN Official Journal of the European Union L 117/1 REGULATION (EU) 2017/745 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL.

IP Strategies to Enhance Competitiveness: India s Experience

Mindray Medical International Limited (MR) - Medical Equipment - Deals and Alliances Profile

INFORMATION SYSTEMS IN LEPROSY

Fiscal 2007 Environmental Technology Verification Pilot Program Implementation Guidelines

REPORT OF THE UNITED STATES OF AMERICA ON THE 2010 WORLD PROGRAM ON POPULATION AND HOUSING CENSUSES

The Biological Weapons Convention and dual use life science research

Decision regarding PHARMAC s Implementation of Trans-Pacific Partnership (TPP) provisions and other Amendments to Application Processes

Strategic Alliance Agreement for the Generic Business of Nichi-Iko Pharmaceutical Co., Ltd. and Eisai Co., Ltd.

Raising Quality Levels and Ensuring Product Safety

Intellectual Property and Public Health - International Framework and Recent Developments in WIPO: SCP and CDIP

Intellectual Property Importance

70 th World Health Assembly May 2017 MSF Briefing on Medical Research and Development

Starpharma Holdings Limited (SPL) - Medical Equipment - Deals and Alliances Profile

National Standard of the People s Republic of China

Synergies and Complementarities with EU Research & Innovation Policy

Department of Economic and Social Affairs 20 June 2011 United Nations Statistics Division

Council of the European Union Brussels, 8 March 2017 (OR. en)

Health Care and Digital in Italy. Daniela Bianco, Partner e Responsabile Health Care Unit Alessandro Viviani, Principal Expert Digital Strategy

Accreditation & Designation of NB

North China Pharmaceutical Group Corp. - Pharmaceuticals & Healthcare - Deals and Alliances Profile

Software as a Medical Device (SaMD)

Feature. Accelerate Business Development Contributing to Further Enhance Ophthalmic Treatment in Asia. 2020, our goal is to become #1 in

Submission to the Productivity Commission inquiry into Intellectual Property Arrangements

Medical Devices Calibration, testing, service and repair

Sustainable Data for Sustainable Development

Preparing for the new Regulations for healthcare providers

Science and Technology Innovation Development in Guangdong-Hong Kong-Macao Greater Bay Area on the 40th Anniversary of Reform and Opening-up

International Conference on Education, Management and Computer Science (ICEMC 2016)

Research on the Adjustment Path of Chinese Pharmaceutical Industry Organizational Structure under the Evaluation & Approval System Reforming

2010/IPEG/SYM/007 IP Commercialization in Korea - From Research and Development to Commercialization

25 th Workshop of the EURORDIS Round Table of Companies (ERTC)

WIPO Development Agenda

Concept Note and Terms of Reference to Commission a Systematic Review and Country Case Studies on Mid-level Health Providers

Ethics Guideline for the Intelligent Information Society

Transcription:

A Brief Introduction to the Regulatory Environment of Medical Device Supervision CFDA Department of Legal Affairs Liu Pei

Development Trend of Medical Device Industry Development Opportunities of Medical Device Industry during the "13th Five -Year Plan" Period The impact of regulations and policies on encouraging innovation and industrial development 2

Ⅰ. Development Trend of Medical Device Industry 2010-2015 Market Scale of Global Medical Device Industry 2010-2015 Market Scale of China's Medical Device Industry 5.1% 5.0% 5.2% 5.2% 4.9% 3740 3564 3388 3220 3067 5.5% 3945 22.4% 2029 29.2% 2622 18.0% 22.2% 15.6% 12.3% 4903 4368 3780 3093 2010 2011 2012 2013 2014 2015 (Unit: 100 million US dollars ) 2010 2011 2012 2013 2014 2015 (Unit: 100 million Yuan) Over the past five years, the world's medical device market has experienced an average growth of 5.2%, while China's medical device market has showed a rapid growth, with an average annual growth rate of 19%, and reaching 490.3 billion Yuan in 2015.

Ⅰ. Development Trend of Medical Device Industry With the rapid economic development and the rising elderly population in China, the market demand for medical devices continues to increase 2015 Medical Device Market Growth Rate of Some Countries and Regions Country or Region Medical Device Country or Region Medical Device North America 4.3% Latin America -18.8% Asia-Pacific -12.9% Including: China 12.3% Western Europe -3.0% Central and Eastern Europe Middle East and North Africa Sub-Saharan African -14.4% 1.8% 3.8%

Ⅰ. Development Trend of Medical Device Industry The proportion of China's medical device market to the world has increased from 9.5 % in 2010 to 17.8% in 2015 9.5% 17.8% 2010 2015 Globe: 306.7 billion US dollars China: 202.9 billion Yuan Globe: 394.5 billion US dollars China: 490.3 billion Yuan

Ⅱ. Development Opportunities of Medical Device Industry during the "13th Five -Year Plan" Period Market demand, technological innovation, global integration Provide new driving force for industrial development Outline of "Healthy China 2030" Plan Deepen the reform of medical and health system Put forward new requirements for the industrial development Linkage amongst medical care, medical insurance and medicine Provide new path for industrial development

Ⅱ. Development Opportunities of Medical Device Industry during the "13th Five -Year Plan" Period Market demand Continuous and stable economic growth and rising living standards Improvement of medical insurance system Reform in medical service system and aging population New driving force Technological innovation R & D strength, transformation of scientific achievements Scientific and technological input, technological progress Global integration Technological exchanges, merger and reorganization International market, policy reference

Ⅱ. Development Opportunities of Medical Device Industry during the "13th Five -Year Plan" Period New requirements On May 8, 2015, the State Council issued the Made in China 2025 Plan On Nov. 29, 2016, the State Council issued the 13th Five-Year Plan for the Development of the National Strategic Emerging Industry On Feb. 14, 2017, the State Council issued the 13th Five-Year Plan for National Drug Safety On Oct. 25, 2016, the State Council of the CPC Central Committee issued the Outline of "Healthy China 2030" Plan On Dec. 27, 2016, the State Council issued the 13th Five- Year Plan for Healthcare

Ⅱ. Development Opportunities for Medical Device Industry during the "13th Five -Year Plan" Period New requirements Outline of "Healthy China 2030" Plan "13th Five -Year Plan" for Healthcare Accelerate the transformation and upgrading of the medical device industry Improve the quality standard system and the quality control technology. Implement green and intelligent transformation and upgrading, and keep the quality standard of drug and medical devices in full line with the international standard of excellence in 2030 Realize mediumto-high speed development for the pharmaceutical industry, and set the mid-to-high end as the target Vigorously develop intelligent medical equipment Improve the industrialization and quality of medical equipment Develop wearable physical activity monitoring equipment, portable diagnostic equipment and other portable medical products, as well as telemedicine systems for monitoring, diagnosis and treatment guidance

Ⅱ. Development Opportunities of Medical Device Industry during the "13th Five -Year Plan" Period Enjoy the priority in review and approval New requirements On Feb. 14, 2017, the State Council issued the 13th Five-Year Plan for National Drug Safety Encourage clinical institutions and doctors to participate in the R& D of innovative drugs and medical devices Clinical urgently needed medicines and medical devices included in the national key R&D plans and major special scientific and technological projects Innovative medical devices with invention patent of core product technology and significant clinical value

Ⅱ. Development Opportunities of Medical Device Industry during the "13th Five -Year Plan" Period Accelerate development in biomedical engineering New requirements On Dec. 20, 2016, the National Development and Reform Commission issued the 13th Five-Year Plan for Biological Industrial Development Build intelligent diagnostic and therapeutic ecosystems Increase the market share of high-quality equipment Promote the innovation of implantable (interventional) products Provide fast, accurate, and easy detection methods

Ⅱ. Development Opportunities of Medical Device Industry during the "13th Five -Year Plan" Period On May 26, 2017, the Ministry of Science and Technology issued the "13th Five -Year Plan" for the Science and Technology Innovation Special Projects in Health Industry New require ments Core Assure the health needs of the entire population in the full life cycle : develop three categories of products i.e. innovative drugs, Focus medical devices and health products Develop precise, digital, intelligent and integrated new Direction healthcare methods Health service model Plan issued the "13th Five -Year Plan" for the Science and Technology Innovation Special Projects in Medical Devices

Ⅲ. The impact of regulations and policies on encouraging innovation and industrial development Regulatory and supervisory framework of medical devices Highlights in the revised Regulations for the Supervision and Administration of Medical Devices Reform of the review and approval system for medical devices

Ⅲ. The impact of regulations and policies on encouragement of innovation and industrial development Regulatory and supervisory framework of medical devices laws and regulations Regulations (14 regulations) Regulatory documents Regulatio ns for the Supervisi on and Administ ration of Medical Devices Administ rative Measures for the Registrat ion of Medical Devices Administ rative Measures for the Supervisi on of Medical Device Manufact uring Administ rative Measures for the Supervisi on of Medical Devices Operatio n Administ rative Measures for the Supervisi on of Use Quality of Medical Devices Registratio n measures, classificatio n rules, naming rules, GCP of In-Vitro Diagnostic Reagents GMP of Medical Devices Quality Manage ment Regulatio ns for Medical Devices Guiding principle s, notices and announce ments...

Ⅲ. The impact of regulations and policies on encouraging innovation and industrial development Regulations for the Supervision and Administration of Medical Devices Jan. 4, 2000, Decree of the State Council No.276 Effective Apr. 1, 2000 China's first standard administrative regulations on the research, manufacturing, operation and use of medical devices Conduct classified management on medical devices Establish product registration system, mandatory certification system, re-evaluation and elimination system for medical devices Implement admission management of production and operation Develop basic specifications for the R&D, production, operation and use of medical devices Develop a quality accident reporting system and announcement system Specify the responsibilities of regulatory departments

Ⅲ. The impact of regulations and policies on encouraging innovation and industrial development Major problems of previous regulations Classified management not complete enough Corporate responsibility not clear enough Legal liability not specific enough Regulatory input not reasonable enough

Ⅲ. The impact of regulations and policies on encouraging innovation and industrial development On Feb. 12, 2014, the State Council revised the Regulations for the Supervision and Administration of Medical Devices, which was put into force on Jun. 1, 2014. Focus on scientific management based on classified management Focus on the safety of device use safety as per risks Reflect the rules of markets by combining loose and tight management Improve regulatory effectiveness by decreasing advance examination and approval steps

Ⅲ. The impact of regulations and policies on encouraging innovation and industrial development Improve classified management Specify classification principles Emphasize dynamic adjustment Focus on the supervision and administration of high-risk products Strengthen corporate responsibility Increase the responsibility of quality control Carry out incoming inspection and keep sales records Obligations of device use entities Reduce administrative approval items 16 administrative licenses reduced by 7 items Strengthen daily supervision and administration Improve management system Diversify regulatory means Strengthen regulatory duties Standardize regulatory behaviors Perfect the legal responsibility Increase punishment: category, scale and measures

Ⅲ. The impact of regulations and policies on encouraging innovation and industrial development Reform the product management system New regulations Adjust the clinical trial management system Perfect the registration management system

Ⅲ. The impact of regulations and policies on encouraging innovation and industrial development Major reforms in product management system: the establishment of a manufacturing enterprise is no longer the pre-requisite of product registration Encourage innovation, avoid the downtime of production facilities, and make full use of resources More detailed division of labor, and complementary advantages Previous regulation Article 21 Medical device manufacturers shall not start manufacturing products before obtaining the manufacturing enterprise license. New regulations Article 22 An applicant engaged in production of Class Ⅱ and Class Ⅲ medical devices shall apply to the Food and Drug Administration Department of the people s government of the province, autonomous region and municipality directly under the central government where it is located for a production permit and submit the certification documents meeting the requirements given in Article 20 of these Regulations.

Ⅲ. The impact of regulations and policies on encouraging innovation and industrial development Adjustment of clinical trial management system: Specify the conditions for clinical trial exemption, conduct record filing for most clinical trials, and narrow the scope of approval A clinical trial is required for filing Class I products. A clinical trial should be conducted when a Class Ⅱ or Class Ⅲ product is submitted for registration application. The clinical trial can be exempted: The specific list shall be formulated, adjusted and announced by the food and drug regulatory department under the State Council.

Ⅲ. The impact of regulations and policies on encouraging innovation and industrial development Better management of extension of registration Re-registration is replaced by extended registration No answer is considered a yes: Any failure in approving or disapproving such application within the specified period of time should be deemed as having been approved for extending registration It is strictly stipulated that the registration is not allowed for extension in the cases below: (1) The applicant fails to submit the application for extending registration within the prescribed time limit; (2) The compulsory medical device standard has been revised, but the medical device submitted for registration extension application does not meet the new requirements; (3) Any medical device to be used to cure unusual diseases or respond to emergent public health event fails in meeting the requirements specified in the registration certificate within the specified period of time.

Ⅲ. The impact of regulations and policies on encouraging innovation and industrial development Special approval procedure for innovative medical devices Set the approval channel for innovative medical devices to improve the efficiency of review As of the end of 2016, a total of 488 applications for special approval of innovative medical devices had been received, 461 of which had been reviewed, and 89 products had entered into the special approval channel for innovative medical devices Priority approval procedure The first category is medical devices used for diagnosis or treatment of unusual diseases, malignant tumors, diseases unique or more prevalent to the elderly, specially used for children, or those urgently needed for clinical use, etc. The second category is medical devices included in the national major science and technology projects or national key research and development plans

Ⅲ. The impact of regulations and policies on encouraging innovation and industrial development Improve the quality of review and approval: improve the transparency of review and approval, perfect the systems of processing, communication and exchange, secondary review of the committee of experts, and project managers, etc., and create a more scientific and efficient drug and medical device review and approval system so as to make the approved drugs and medical devices reach or get close to international advanced level in terms of effectiveness, safety and quality control Strengthen the whole-process of supervision of clinical trials to ensure the accuracy and reliability of clinical trial data In a timely manner revise the standards of medical devices, adjust the classification catalog of medical devices, and enhance the quality of domestic medical devices

Ⅲ. The impact of regulations and policies on encouraging innovation and industrial development Capacity construction: drive the construction of professional reviewers and inspection teams, enhance the support capacity of technical institutions Match international standards: actively participate in the activities of ICMRA (International Coalition of Medicines Regulatory Authorities) and IMDRF (International Medical Device Regulators Forum), conduct international inspections, strengthen forward-looking policy research, and improve international discourse Strengthen law enforcement: carry out unannounced inspections, strengthen spot checks, investigate major cases, and publicize information Diversified governance: strengthen the construction of a credit system by taking advantage of the power of government, enterprises, and social forces.

Ⅲ. The impact of regulations and policies on encouraging innovation and industrial development On May 4, 2017, the State Council promulgated the Decision on Revising the Regulations for the Supervision and Administration of Medical Devices (Decree of the State Council No. 680) - Replace the accreditation of clinical trial organizations with record filing so as to encourage innovation in medical devices - Add relevant provisions on allocation of large medical equipment in medical device use entities

THANK YOU