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Australia Regulatory overview
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The TGA
Pricing and state funding
Manufacturing
Clinical trial
Marketing
Advertising
Packaging and Labeling
Traditional Herbal Medicines
Patents
Trade Marks
Product liability
Therapeutic Goods Administration
(TGA)

• TG Act is administered by a federal agency
called TGA.
Two categories of Medicinal
Products in Australia :
1. Medicines (such as Prescription drugs
and Vitamins)
2. Medical Devices (such as heart valves)
Pricing and state funding
• Major part of Australia's healthcare system is
called Medicare. It is financed from general tax
revenue.
• National funding is provided through:
1. Subsidies for prescribed medicines
2. Free or subsidised treatment by medical
practitioner
3. Grant for free access to public hospital
4. Specified purpose grant to state and territory
governments and other bodies
pharmaceutical Benefit Scheme (the PBS)
subsidizes the cost of prescribed medicines, OTC
medicines is not regulated.
If a pharmaceutical supplier wishes to have a
new drug listed on the PBS it must make an
application to the department of Health and
Ageing. Here are considerations for a new drug
to be in the listing for the PBS:
1. Whether the drug is needed for the
prevention or treatment of a medical
conditions not already covered by drugs
already listed
2. Whether the drug is more effective and/or
less toxic than the drug already listed for the
same indications
3. Whether the drug is at least as effective and
safe as a drug already listed for the same
indications
Recommended price for the
manufacturer by the
PBPA(pharmaceutical benefit pricing
authority) is based on :
• Price of alternative brands
• Price of other drugs in the same therapeutic group
• Cost data information
• Overseas price
• Prescription volume
Then the PBPA(pharmaceutical benefits pricing authority
) undertakes negotiations with the supplier and this is
sent to the minister of health and ageing for approval.
Manufacturing
• Application : is submitted to the TGA for a license
• Conditions : complying with the TG Act, GMP,
also ICH guidelines
• Restrictions on foreign applicants : providing
acceptable standard and GMP evidence
• Key stages and timing : compliance with GMP codes is
checked through regular audits by the TGA. These can
take from less than a day to up to 4 days
• Period of authorization and renewals : a licence
remains in force until it is suspended, cancelled, or
revoked
Clinical Trials
1. Clinical Trial Exemption Scheme (CTX
Scheme) : an approval process that the
sponsor of clinical trial submits an
application to conduct clinical trial to the TGA
2. Clinical Trial Notification Scheme (CTN
Scheme) : all materials relating to the trial
protocol are submitted directly to the Human
Research Ethics Committee(HREC) by the
researcher at the request of the sponsor
Marketing
• Application : marketing applications for medicinal
products must be made to and approved by the TGA
• Conditions : complying with Therapeutic Goods
Orders(TGOs), British Pharmacopoeia( BP), the
European Pharmacopoeia(Ph Eur),and USP
• Key stages and timing : the registration process
involves a detailed review by the TGA of the quality,
safety, and efficacy of the medicinal products in
question.. The TGA must decide to accept or reject the
application within 40 working days
• period of authorisation and renewals : medicines
remain listed or registered until their listing or
registration is cancelled
Advertising
Advertisement for medicinal products are subject to :
• The TG Act and subordinate regulations
• The Trade Practice Act(TPA)
• Other applicable state and territory legislation
depending on the form and location of the
advertisement
• The TGAC(therapeutic goods advertising code) (for
advertisements directed to consumers only)
It may only refer to the indications for specific product
Advertising prescription products
directly to consumers is prohibited
OTC products may be advertised to the general
public, subject to requirements in :
• The TG Act
• The TG regulations
• Relevant state and territory legislations
• The TGAC (therapeutic goods advertising
code), which sets out specific requirements on
the content of advertisement for medicinal
products
Packaging and labeling
Packaging must comply with the following
(depending on the product) :
• The TG Act
• The TG regulations
• Relevant state and territory medicinal products
legislation
• Therapeutic Goods Orders 69(TGO 69) on general
requirements for labels for medicines
• TGO 37 on general requirements for label for
therapeutic Devices
• The TGA for non-prescription medicines
Traditional herbal
medicines
The manufacture and marketing of traditional
herbal medicine is regulated by the TG Act, TG
regulations and SUSDP ( Standard for the Uniform
Scheduling of Drugs and Poisons)
Whether a herbal medicinal product is listed(low
risk) or registered (high risk) depends on :
• The indications granted for the product by the
TGA
• The product's ingredients
• The claims made by a sponsor on the product's
labeling
Patents
Pharmaceutical and biotechnology products and
processes, medical devices and methods of medical
treatment are all patentable, provided they are all
of the followings :
• A manner of the new manufacture ( a threshold
test requiring the invention to be appropriate for
a patent)
• Novel
• Inventive
• Useful
• The authority : applications are
Made to IP Australia (intellectual property)
• Fee : between $6000 and $10000
• Process and timing : process starting by filling
of either a complete specification or a
provisional specification (must be filed within
12 months)
• Duration of protection : 20 years from the
date of filling unless they lapse through failure
to pay renewal fees or are revoked
• Renewal process : annual maintenance fees
are payable from the 5th anniversary of the
filling of the complete satisfaction for a
standard patent and from the second
anniversary of an innovation patent
• Currently maintenance fees for a standard
patent amount to about $8000 over the 20
year term of a patent
Trade Marks
To qualify as a trade mark, a sign must be used
or intended to be used to distinguish goods or
services dealt with or provided in the course of
trade.
To register a trade mark :
• The authority : application are made to IP
Australia
• Fee : currently is $120
• Process and timing :
Application must be made on the prescribed
form, which must specify the goods and /or
services in respect of which the applicant wishes
to register the trade mark. the period of time is
depending on the number of applications
• Duration of project : 10 year period from the
filling date
• Renewal process : it can be renewed within
12 months before or after the expiry date of
the mark
Product liability
• Legal provisions : Australia's product liability
laws are a mixture of common law and various
federal , state and territory statutes.
References
• www.tga.gov.au
• www.parmida.ca
• www.ipaustralia.gov.au
• Noushun Javidvand

sep. 2013

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Australia regulatory overview

  • 2. • • • • • • • • • • • The TGA Pricing and state funding Manufacturing Clinical trial Marketing Advertising Packaging and Labeling Traditional Herbal Medicines Patents Trade Marks Product liability
  • 3. Therapeutic Goods Administration (TGA) • TG Act is administered by a federal agency called TGA.
  • 4. Two categories of Medicinal Products in Australia : 1. Medicines (such as Prescription drugs and Vitamins) 2. Medical Devices (such as heart valves)
  • 5. Pricing and state funding • Major part of Australia's healthcare system is called Medicare. It is financed from general tax revenue. • National funding is provided through: 1. Subsidies for prescribed medicines 2. Free or subsidised treatment by medical practitioner 3. Grant for free access to public hospital 4. Specified purpose grant to state and territory governments and other bodies
  • 6. pharmaceutical Benefit Scheme (the PBS) subsidizes the cost of prescribed medicines, OTC medicines is not regulated. If a pharmaceutical supplier wishes to have a new drug listed on the PBS it must make an application to the department of Health and Ageing. Here are considerations for a new drug to be in the listing for the PBS:
  • 7. 1. Whether the drug is needed for the prevention or treatment of a medical conditions not already covered by drugs already listed 2. Whether the drug is more effective and/or less toxic than the drug already listed for the same indications 3. Whether the drug is at least as effective and safe as a drug already listed for the same indications
  • 8. Recommended price for the manufacturer by the PBPA(pharmaceutical benefit pricing authority) is based on : • Price of alternative brands • Price of other drugs in the same therapeutic group • Cost data information • Overseas price • Prescription volume Then the PBPA(pharmaceutical benefits pricing authority ) undertakes negotiations with the supplier and this is sent to the minister of health and ageing for approval.
  • 9. Manufacturing • Application : is submitted to the TGA for a license • Conditions : complying with the TG Act, GMP, also ICH guidelines • Restrictions on foreign applicants : providing acceptable standard and GMP evidence • Key stages and timing : compliance with GMP codes is checked through regular audits by the TGA. These can take from less than a day to up to 4 days • Period of authorization and renewals : a licence remains in force until it is suspended, cancelled, or revoked
  • 10. Clinical Trials 1. Clinical Trial Exemption Scheme (CTX Scheme) : an approval process that the sponsor of clinical trial submits an application to conduct clinical trial to the TGA 2. Clinical Trial Notification Scheme (CTN Scheme) : all materials relating to the trial protocol are submitted directly to the Human Research Ethics Committee(HREC) by the researcher at the request of the sponsor
  • 11. Marketing • Application : marketing applications for medicinal products must be made to and approved by the TGA • Conditions : complying with Therapeutic Goods Orders(TGOs), British Pharmacopoeia( BP), the European Pharmacopoeia(Ph Eur),and USP • Key stages and timing : the registration process involves a detailed review by the TGA of the quality, safety, and efficacy of the medicinal products in question.. The TGA must decide to accept or reject the application within 40 working days • period of authorisation and renewals : medicines remain listed or registered until their listing or registration is cancelled
  • 12. Advertising Advertisement for medicinal products are subject to : • The TG Act and subordinate regulations • The Trade Practice Act(TPA) • Other applicable state and territory legislation depending on the form and location of the advertisement • The TGAC(therapeutic goods advertising code) (for advertisements directed to consumers only) It may only refer to the indications for specific product
  • 13. Advertising prescription products directly to consumers is prohibited OTC products may be advertised to the general public, subject to requirements in : • The TG Act • The TG regulations • Relevant state and territory legislations • The TGAC (therapeutic goods advertising code), which sets out specific requirements on the content of advertisement for medicinal products
  • 14. Packaging and labeling Packaging must comply with the following (depending on the product) : • The TG Act • The TG regulations • Relevant state and territory medicinal products legislation • Therapeutic Goods Orders 69(TGO 69) on general requirements for labels for medicines • TGO 37 on general requirements for label for therapeutic Devices • The TGA for non-prescription medicines
  • 15. Traditional herbal medicines The manufacture and marketing of traditional herbal medicine is regulated by the TG Act, TG regulations and SUSDP ( Standard for the Uniform Scheduling of Drugs and Poisons) Whether a herbal medicinal product is listed(low risk) or registered (high risk) depends on : • The indications granted for the product by the TGA • The product's ingredients • The claims made by a sponsor on the product's labeling
  • 16. Patents Pharmaceutical and biotechnology products and processes, medical devices and methods of medical treatment are all patentable, provided they are all of the followings : • A manner of the new manufacture ( a threshold test requiring the invention to be appropriate for a patent) • Novel • Inventive • Useful
  • 17. • The authority : applications are Made to IP Australia (intellectual property) • Fee : between $6000 and $10000 • Process and timing : process starting by filling of either a complete specification or a provisional specification (must be filed within 12 months) • Duration of protection : 20 years from the date of filling unless they lapse through failure to pay renewal fees or are revoked
  • 18. • Renewal process : annual maintenance fees are payable from the 5th anniversary of the filling of the complete satisfaction for a standard patent and from the second anniversary of an innovation patent • Currently maintenance fees for a standard patent amount to about $8000 over the 20 year term of a patent
  • 19. Trade Marks To qualify as a trade mark, a sign must be used or intended to be used to distinguish goods or services dealt with or provided in the course of trade. To register a trade mark : • The authority : application are made to IP Australia • Fee : currently is $120
  • 20. • Process and timing : Application must be made on the prescribed form, which must specify the goods and /or services in respect of which the applicant wishes to register the trade mark. the period of time is depending on the number of applications • Duration of project : 10 year period from the filling date • Renewal process : it can be renewed within 12 months before or after the expiry date of the mark
  • 21. Product liability • Legal provisions : Australia's product liability laws are a mixture of common law and various federal , state and territory statutes.