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In brief

The Food and Drug Administration (FDA) now allows for the referencing of medical device application dossiers and transfer of product registration licenses.


In more detail

To minimize redundancy in the expert review of registration dossiers and to assist manufacturers and importers holding product registration licenses for medical devices in classes II, III and IV, the FDA now allows business operators to reference the registration dossier of a registered product where the business operator is only seeking to have the new brand name of their product, in order to obtain a new product license for the new brand name of the previously registered product. Additionally, the new regulation also allows for the transfer of medical device product licenses to another business operator when there is a change in the importer or manufacturer’s entity, provided the location of the manufacturing facility remains the same.

To be eligible for the reference or transfer of an application dossier or product registration license, the primary requirement is that the referenced application file must have the complete dossier in accordance with the Common Submission Dossier Template (CSDT). Additional requirements and conditions are also prescribed. However, further guidance on submission methods and procedures is expected.

We will keep you informed of further developments. Meanwhile, should you require more information or assistance, please contact our Healthcare & Life Sciences and Regulatory Affairs Services team.

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The following have contributed to this legal update:

  • Praween Chantanakomes, Head of Regulatory Affairs Department
  • Prim Uditananda, Regulatory Affairs Manager
  • Monsicha Boonsiri, Regulatory Affairs Officer 
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.

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