Regulation 53B Application for UKMA(UK) relating to similar biological medicinal productsF1

This regulation applies in relation to an application for a UKMA(UK) for a biological medicinal product where the applicant is not able to show that it meets a condition for it being a generic version of a similar medicinal product because of differences relating to raw materials or differences in manufacturing processes of the biological medicinal product and the reference medicinal product which is the subject of a UKMA(UK).

The applicant may, by way of derogation from paragraph 10 of Schedule 8, omit from the application the results of pre-clinical tests and of clinical trials relating to a reference medicinal product which is or has been authorised for not less than eight years, but must provide the results of appropriate pre-clinical tests or clinical trials relating to the differences referred to in paragraph (1).

The type and quantity of supplementary data to be provided by the applicant under paragraph (2) must comply with the relevant criteria in Annex 1 to the 2001 Directive and in the related detailed guidelines published by the licensing authority under paragraph (4), or (as the case may be) as mentioned in paragraph (5).

The licensing authority may publish guidelines concerning the type and quantity of supplementary data to be provided by an applicant under paragraph (2).

Unless replaced by guidelines published under paragraph (4), the guidelines published by the EMA under Article 10(4) of the 2001 Directive continue to apply as they applied immediately before IP completion day (subject to any amendments or variations published under that paragraph).

If the licensing authority grants a UKMA(UK), in relation to the similar biological medicinal product in accordance with paragraph (2), it is a term of the authorisation that the product must not be sold or supplied, or offered for sale or supply, in the United Kingdom before the expiry of ten years beginning with the date on which the UK marketing authorisation for the reference medicinal product was granted.

If during the first eight of the ten years referred to in paragraph (6), the marketing authorisation holder for the reference medicinal product requested and obtained a UKMA(UK) for one or more new therapeutic indications, and, during the scientific evaluation prior to their authorisation, the licensing authority considers that new indications bring a significant clinical benefit in comparison with existing therapies, the period of ten years is extended to eleven years.

Where an application is made for the grant or variation of a UKMA(UK) in relation to a new indication for a well-established substance, and significant pre-clinical or clinical studies were carried out in relation to the new indication, the applicant for a UKMA(UK) under paragraph (1) may not refer in its application to those studies for the period of one year beginning with the date on which the licensing authority grants or varies a UKMA(UK) in relation to the new indication.