This is part of the my interview with the International Medical Device Regulatory Monitor published yesterday. Because it is only available for subscribers, I will reproduce some parts of it. Basically what the medical devices industry is interested is in the recent changes of the Brazilian regulation in terms of patents, and which are going to be, under the new scenario, the roles of the local drug regulator ANVISA and the National Institute of Intellectual Property.
Recent regulatory shakeups in Brazil, focusing on patents and standards, mean major changes for the country’s medical device approval processes. The patent system changes include the legal restriction of the National Agency for Sanitary Vigilance’s (ANVISA) power to examine applications of intellectual property rights on drugs.
Brazil Attorney-General of the Union Louis Adams transferred that power to the National Institute of Industrial Property (INPI), and ANVISA’s role is now reduced to the scope of health risks on the product seeking patenting, Ruben Gennero, Latin America and Spain analyst for IHS Global Insight, says. He notes ANVISA can no longer reject or supervise the patent process.
In the past, ANVISA was a large part of the patent approval process. Before a product could be patented, the agency reviewed each submitted product’s novelty, inventiveness and intellectual property.
But Gennero says there has been a decade of controversy about ANVISA’s role in the patent process and, “throughout the last seven years, out of 1,596 applications approved by INPI, 145 were disapproved by ANVISA afterward.”
Although ANVISA’s patent powers were restricted, it did not keep the agency from recently passing new product registration and quality standards for Brazilian suppliers of needles, syringes and catheters.
ANVISA modified the requirements for manufacturers and importers of materials used in medical procedures and hospitals based on national technical standards and international resolutions RDC 3/2011, DRC 4/2011 and DRC 5/2011.
The resolutions establish minimum requirements for identity and quality for the products.
Now, to obtain registration of these materials, suppliers must obtain a certificate of good manufacturing practices and a certification of compliance, both issued by ANVISA.
The agency is giving suppliers until early January 2012 to meet the new requirements. Molly Cohen
The complete interview can be found here