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In brief

To promote and support research and development of medical devices in Thailand, the Ministry of Public Health (MOPH) and the Food and Drug Administration (FDA) have recently issued several notifications providing additional guidance for manufacturers or importers of certain medical devices seeking exemptions from licensing requirements (i.e., the manufacturing or import license, and the product registration license) under the Medical Device Act (“License Exemptions“).


In more detail

The MOPH issued a notification which requires the manufacturer or importer of medical devices for use in human clinical research to provide the letter of approval from the Human Research Ethics Committee (i.e., the relevant Independent Ethics Committee or the Institutional Review Board) which has been approved by the FDA, in order to apply to obtain the License Exemptions. To this end, the FDA subsequently issued a further notification to set out the criteria, methods and conditions for approving the Human Research Ethics Committees which can oversee clinical research in humans related to medical devices.

Separately, the FDA issued a notification to outline the criteria for importing medical devices in quantities as required for personal use, which exempts the importer from the requirement to provide a certification letter from the healthcare professional as part of the process to obtain the License Exemptions. This notification also sets out the types of medical devices (and their quantities) which will qualify for such exemptions under each specific importation scenario as set out under this notification.

For more information or assistance, please contact our Healthcare & Life Sciences and Regulatory Affairs Services team.

Author

Peerapan is a Corporate and M&A partner and heads the Sustainability Group and Healthcare & Life Sciences Industry Group in Bangkok. She also co-heads the Investigations, Compliance & Ethics Practice Group in Bangkok and is currently a member of the Firm's Global Executive Committee. Peerapan has nearly 40 years of experience advising on transactional and regulatory matters in highly regulated industries. Peerapan is exceptionally fluent in regulatory matters relating to healthcare, consumer protection and product liability.
Peerapan also has extensive experience advising on compliance issues, risks facing companies across various industry sectors, and regularly assists clients in practically managing and mitigating those risks. She has been consistently recognized as 'Leading Individual’ in Corporate M&A by the Asia Pacific Legal 500 for eight consecutive years (2013-2020) and has been inducted into the Asia Pacific Legal 500 Hall of Fame in Corporate M&A in 2020-2023. More recently she has been shortlisted for Corporate and M&A Lawyer of the Year by the Legal 500 Southeast Asia Awards. Peerapan was also awarded ‘Client Choice winner’ for Healthcare & Life Sciences 2019 by Lexology.
In October 2022, Peerapan was elected to join the Global Executive Committee and serve as chair of the Asia Pacific region. In this role, Peerapan works alongside the Firm's leadership to drive forward the Firm’s business strategy and prioritized actions.

Author

Panyavith assists major local and multinational clients in a range of heavily regulated industries, such as healthcare & life sciences, chemical and biotech, on large complex mergers and acquisitions, private equity transactions, joint ventures, corporate restructurings, post-acquisition integration projects, commercial agreements and regulatory issues. With his technical and commercial astute, Panyavith has often been involved in a number of pioneering projects, helping clients navigate the challenges of uncharted waters and emerging opportunities with innovative solutions. He is recently recognized as "Up and Coming for Corporate and M&A" in Thailand by Chambers Asia-Pacific 2023.

Author

Praween Chantanakomes is the Head of Regulatory Affairs Department in Baker McKenzie, Bangkok office.

Author

Prim Uditananda is a Regulatory Affairs Manager in Baker McKenzie, Bangkok office.

Author

Monsicha Boonsiri is a Regulatory Affairs Officer in Baker McKenzie Bangkok office.