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http://doi.org/10.5281/zenodo.1079864
Please cite this article in press as Pankaj Kumar et al., Generic Drug in Global Market and Regulatory
Environment, Indo Am. J. P. Sci, 2017; 4(12).
and Drug Administration (FDA) for marketing established the modern system of approval of
Discovering a new drug, FDA review process, can generics.[13]
take many years, and cost hundreds of millions of
dollars. To a large degree, these costs are mostly Types of Applications
associated with the clinical testing that must be done 1. Investigational New Drug (IND)
to convince the agency that the new product is safe 2. New Drug Application (NDA)
and effective for its intended medical use. To begin 3. Abbreviated New Drug Application (ANDA)
clinical testing, drug companies or sponsors must file 4. Biologic License Application (BLA)[14]
an Investigational New Drug (IND) application with Abbreviated New Drug Application review
the FDA. The INDs must include information about process
the study protocol, the qualifications of the lead An applicant who su`bmits an abbreviated new drug
investigator, the trials location, and assurance that application (ANDA) to obtain FDA approval to
the welfare of the study participants will be protected. market generic drug product and any person who
Once new drugs clinical testing is complete, the owns an approved application or abbreviated
sponsor submits a New Drug Application (NDA) for application. Abbreviated new drug applications under
FDA evaluation. During the applications review, 21 CFR subpart 314.94, and amendments,
agency officials examine the drugs safety and supplements, and resubmissions; the items sent by
efficacy data, assay samples, and conduct factory parcel post or overnight courier service to the Office
inspections to be sure the finished product will be of Generic Drugs, should be directed to:
manufactured properly . FDA also checks the drugs Office of Generic Drugs (HFD-600)
labeling to be sure that it is accurate and Center for Drug Evaluation and Research
comprehensive. Once a new drug is approved, its Food and Drug Administration
safety is monitored through FDAs post-marketing Metro Park North II, Room 150
surveillance.[12] Abbreviated New Drug 7500 Standish Place
Application( ANDA) contains data which when Rockville, MD 20855
submitted to FDA Center for Drug Evaluation and
Research, office of generic drug provides for the Abbreviated New Drug Application
approval of a generic drug product. The legislation A generic drug product is one that is comparable to
was created to balance the world of generic and brand an innovator drug product (also known as the
drug industries. It provided accessibility to the reference listed drug (RLD) product as identified in
cheaper generic drugs while still encouraging the FDA's list of Approved Drug Products with
innovation and development of new drugs. The Therapeutic Equivalence Evaluations (orange
generic drug companies were allowed to market the book)in dosage form, strength, route of
drug after the patent and certain exclusivities expired. administration, quality, performance characteristics
Hatch-Waxman amendment of the federal food, drug and intended use. Once approved an applicant may
and cosmetics act established the process by which, manufacture and market the generic drug product
would be marketers of generic drugs can file provided all patent protection and exclusivity
Abbreviated New Drug Application (ANDA) to seek associated with the RLD have expired. Generic drug
FDA approval of generic drugs. Paragraph IV of the applications are termed "abbreviated" in that they are
act, allows 180 day exclusivity to companies that are not required to provide clinical data to establish
the "first-to-file" an ANDA against holders safety and efficacy, since these parameters have
of patents for branded counterparts. In simple already been established by the approval of the
words Hatch-Waxman act is the amendment to innovator drug product (first approved version of the
Federal, Food, Drug and Cosmetics act which drug product marketed under a brand name.[15]
General provision of hatch Waxman act Equivalence Evaluations, which is generally known
The Drug Price Competition and Patent Term as the Orange Book.
Restoration Act of 1984 (Pub. L. No. 98-417) (the
Hatch-Waxman Amendments) amended the Federal An ANDA applicant must include in the ANDA a
Food, Drug, and Cosmetic Act (the Act). The Hatch- patent certification described in section
Waxman Amendments created section 505(j) of the 505(j)(2)(A)(vii) of the Act. The certification must
Act (21 U.S.C. 355(j)). Section 505(j) established the make one of the following statements:
abbreviated new drug application (ANDA) approval
process, which allows lower-priced generic versions Para1) no patent information on the drug
of previously approved innovator drugs to be product that is the subject of the ANDA has
approved and brought on the market. Innovator drug been submitted to FDA;
applicants must include in a new drug application Para II) that such patent has expired;
(NDA) information about patents that claim the drug Para III) the date on which such patent
product that is the subject of the NDA. FDA expires; or
publishes this patent information as part of the Para IV) that such patent is invalid or will not
Approved Drug Products with Therapeutic be infringed by the[16]
2. Pharmacology/toxicology 2. Pharmacology/toxicology
3. Chemistry 3. Chemistry
4. Manufacturing 4. Manufacturing
5. Controls 5. Controls
6. Microbiology 6. Microbiology
7. Inspection 7. Inspection
8. Testing 8. Testing
9. Animal studies
11. Bioavailability
INDIA
Drugs are regulated in India both central and state CDSCO controls drug imports and approves licenses
level through the CDSCO (Central drugs standard to manufacture the above-mentioned products.
control organization) under the ministry of health and
family welfare are responsible for approval new NPPA (The National Pharmaceutical Pricing
drugs, clinical trials and licensing of drugs. Drug Authority)
regulatory authorities issue the licenses at the state Department of Chemicals and Petrochemicals control
level. The regulation of drugs, medical devices and the function of NPPA.
biological products in India is distributed with in
various ministries.[20] NPPA fixes or revises the price of bulk drugs and
There are mainly two regulatory bodies which
formulations.
regulate the drug approval, marketing, production,
quality and drug price in India.
NNPA updates the list under price control through
inclusion and exclusion of drugs in line with
CDSCO (The Central Drug Standards and prescribed guidelines.
Control Organization)
Ministry of Health and Family Welfare control the
function of CDSCO NPPA also maintains data on production, exports and
CDSCO evaluate the standards and measures for imports and market share of pharmaceutical firms.
ensuring the safety, efficacy, and quality of drugs and
cosmetics. NPPA monitors the shortage of medicines in addition
CDSCO also regulates the market authorization of to providing inputs to Parliament in issues pertaining
new drugs and standards of clinical trials. to drug pricing. [21]
1. Generic drug require Form 44 for approval in The Indian generic drug Pharmaceutical Industry is
India. the top five producers of bulk drugs in the world. The
2.A treasury challan of INR 15,000 is required all Pharmaceuticals market can be divided into Bulk
the active ingredients for more than one year and INR drugs and formulations. The bulk drug acquire 20%
50,000 of the active ingredients is approved for less of the market with growth rates of 20% and
than one year in India. formulations acquire 80% of the market with an
3. Manufacturing of bulk drugs and raw materials the annual growth rate of 15%.The Indian generic drug
applicant has a manufacturing license for bulk drugs, market growing rapidly because a lot of patent
a copy of the same is needs to be submitted. expire, major pharmaceutical companies of the world
4. Chemical and pharmaceutical information interested to invest in Indian market.[23]
including:
Information on active ingredients JAPAN
a) Brief Chemical & pharmaceutical data on Generic drug approval review in Japan is conducted
Formulation by the Office of Generic Drugs.[24] which is part of
a) Master manufacturing formula the Pharmaceuticals and Medical Devices Agency
b) Details of the formulation (including inactive (PMDA), is responsible for the approval review of
ingredients) generic drugs in Japan. The PMDA reviews the
c) Finished product specification equivalence of generic and original drugs from the
d) In process quality control check viewpoint of quality, efficacy, and safety, based on a
e) Certificate of analysis including identification, pH, document submitted by generic drug applicants.
content uniformity, impurities, assay etc. There are two application types for new generic
f) Comparative Dissolution data in case oral dosage drugs and partial change approval in Japan. New
form as appropriate generic drug applications are submitted as the first
g) Stability study evaluation as per requirements of application, and partial change applications are
schedule Y submitted after for post-approval changes. The
5. Regulatory status of the drug including names of approval content in Japan includes the indication,
the companys marketing the drug in the country effects, directions, dose, specifications, test methods,
6. Bioavailability/Bioequivalence study reports (for storage method, validity period, manufacturing
oral dosage forms method, formulation or manufacturing site, and brand
7. In case of injectables formulation, sub-acute name. If the applicant for a generic drug performs
toxicity data conducted with the applicants product post-approval change on these contents, with the
has to be provided. exception of minor changes, the PMDA review is
8. Prescribing information necessary for partial change approval. [25]
9. Draft of labels and carton
10. Copy of License in Form-29[22]
Requirements in Japan ( Data to be submitted with an application for approval) Originator Generic
Data required Data
require
A) Origin or background of 1) ) Origin or background of discovery Yes No
discovery of use in foreign country 2) Condition of use in foreign country Yes No
3) Special characteristics, comparisons with other Yes No
drugs etc.
B) Manufacturing methods, 1) Chemical structure and physiochemical Yes No
standards and test methods properties etc.
2) Manufacturing methods Yes Case based
3) Specification and test methods Yes No
C) Stability 1) Long term storage test Yes No
2) Test under service conditions Yes No
3) Accelerated tests Yes No
D) Pharmacological action 1) Test to support efficacy Yes No
2) Secondary pharmacology, safety pharmacology Yes No
3) Other pharmacology Yes No
E) Absorption, distribution, 1) Absorption Yes No
metabolism and excretion 2) Distribution Yes No
3) Metabolism Yes No
4) Excretion Yes No
5) Bioequivalence Yes No
6) Other pharmacokinetics Yes No
F) Acute sub-acute and chronic 1) Single dose toxicity Yes No
toxicity, teratogenicity and other 2) Repeated dose toxicity Yes No
toxicity 3) Genotoxicity Yes No
4) Carcinogenicity Yes No
5) Reproductive toxicity Yes No
6) Local irritation Yes No
7) Other toxicity Yes No
G) Clinical study Clinical trial results Yes No
New Drug Submissions and Supplementary New Where a second or subsequent manufacturer,
Drug Submissions (SNDS) typically a generic manufacturer, seeks a Notice of
To gain Health Canada authorization for a new drug, Compliance on the basis of a direct or indirect
a manufacturer, typically an innovator, submits a comparison between its drug and the original
New Drug Submission NDS setting out all data innovative drug which has already received
(obtained through rigorous clinical testing) marketing approval (called the Canadian Reference
establishing the safety and efficacy of the drug. Such Product), the generic manufacturer submits an
submissions typically require pre-clinical, clinical, Abbreviated New Drug Submission (ANDS)
chemistry and manufacturing data. Health Canada demonstrating that the generic formulation of the
then reviews the submitted information and evaluates drug is bioequivalent to the brand formulation. The
the drugs safety, efficacy and quality to determine ANDS typically does not contain clinical data. By
whether it is suitable to be marketed in Canada and establishing bioequivalence, a generic manufacturer
whether a Notice of Compliance should, accordingly, may demonstrate the safety and effectiveness of its
be issued. Once a drug has been approved, any drug by comparison, without having to complete
changes to the approval (e.g., change of name, costly and time-consuming clinical trials.[31]
packaging, product monograph) requires the
manufacturer to file a Supplementary New Drug Comparison of generic drug filling in different
Submission SNDS. Changes requiring the submission countries
of a SNDS are those made: worldwide Food and Drug Administration (FDA) in
United States, European Medicine Agency (EU) in
i. In the identifying name of the drug product Europe, Central Drug Standard Control Organization
or the brand name; (CDSO) in India, Ministry of Health Labor The
ii. In the dosage form or strength of the drug regulatory requirements and filling procedure of drug
product; product of different countries in the world are
iii. In the formulation, method of manufacture, different from each other. The role of these
equipment, or process control of the drug regulatory authorities is to ensure the quality, safety,
product that requires supporting clinical or and efficacy of all medicines in their country. The
bioequivalence data; pharmaceutical industry is one of the highly regulated
iv. In the case of Schedule C and D drugs, in with many rule and regulation enforcement by the
the production site, method of manufacture, government to protect public health. It is the
equipment and process control of the drug responsibility of the national government to establish
substance or in the formulation, method of regulatory with strong guidelines for quality
manufacture, equipment, process control or assurance and drug regulation in the different
production site of the drug product; territories. The aim of the pharmaceutical industry is
v. In the labeling, including package inserts, to identify and develop a generic drug product. To
product brochures, file cards, and product make a generic drug product formulator, must know
monographs of the drug product respecting, the details of the exact regulatory requirements and
either explicitly or implicitly: filling procedure of each concerned countries.
a) The recommended route of administration of Generic drug development uses a different approach
the drug product; and strategy compared to that used to develop a
b) The dosage of the drug product, and innovator drug product. Generic drug manufactures
c) The claims, including indications, made for must formulate a drug product that will have the
the drug product; or for sterile drug same therapeutic, safety and performance
products, in the specifications to remove the characteristics as of brand name product. Different
sterility test and replace it with process regulatory authorities which are use as and Welfare
parametric release. (MHLW), Health Product and Food Branch (HPFB)
in Canada, Medicines and Healthcare Products
Abbreviated New Drug Submissions (ANDS) Regulatory Agency (MHRA) In UK, Therapeutic
Good Administration (TGA) in Australia.
Comparison Table 5:
A. ADMINISTRATTION
Central drug HEALH
European
Regulatory Food and drug standard and Ministry of health PRODUCT
1 medicine
Authority Administration control labor and welfare AND FOOD
agency
organization BRANCH
2 Application ANDA MAA MAA PDMA ANDS
3 Debarment certification Required NA NA NA NA
3(archival,
4 No. of copies 1 1 Not specified 3
review, field)
12-18
5 Approval time line 18 month 12 month 12 month 12 MONTHS
MONTH
6 Clinical studies Fees 10-20 lakh 50000 Rs. 654200 yen 10000$
eCTD,
7 Presentation eCTD & paper paper along paper eCTD
ectd
with NeeS
8 Pharmacovigilance Not required Required Required Required Required
NOT
9 Agent authorization Required Not required Not required Not required
REQUIRED
B. FINISHED PRODUCT CONTROL
1 Assay 90-100% 95-105% 90-110% 90-111% 90-110%
2 Disintegration Not required Required Required Required Required
3 Colour identification Not required Required Required Required Required
Required
when
4 Water content Required Not required Required Required
material
hygroscopic
C. MANUFACTURING AND CONTROL
1 No. of batches 1 3 1 1 3
A
minimum Not such 100000
2 Packaging Not required Not such required
of 100000 required UNIT
unit
Not
required at
3 Process validation Required Required Required Required
the time of
submission
D. LABELING REQUIREMENT
1 Prescription status Rx POM Rx RX Rx
Proposed blister pack,
Draft labels VIALS, bottle, cover,
Vials/carto Vials/carton/P
2 Labels And cartoons AMPOULES,INJECT sachet, strip
n/PIL IL
Provided in IONS pack, tube,
Module 1 vessel, vial
REQUIRE Required
3 Side by side comparison Required REQUIRED NOT SPECIFIED
D
E. STABILITY
3 months
6 months 6 months 12 month
accelerate
Date and time of accelerate and accelerate and 3 accelerate
1 and 3 6 month accelerated
submission 6 months long months long and 3 months
months
term term long term
long term
Not
3 QP certification Required Required Required Required
required
5 years
No such
from the 3 years from the Not such required
required but Not such
5 Retention of sample date of date of filing the
usually required
filing the application
followed
application
Canada has one of the worlds largest pharmaceutical Marketed in India-A Review. JPSBR. 2014;4:237-
market. Although it has a share of only 3% in the 242.
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U.S. Food and Drug Administration. Updated on
It was studied that most regulated authorities are
09/27/2017. Available from:
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for the approval of dosage form. It is also concluded https://www.fda.gov/Drugs/DevelopmentApprovalPr
that similar studies may be performed repeatedly to ocess/HowDrugsareDevelopedandApproved/Approv
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