Intellectual Property

Paediatric Medicines Legislation

The European Commission adopted a proposal in September 2004 for a Regulation on medicines for paediatric use. An overview and explanation of the proposal has also been published.

The proposed Regulation aims to establish a legislative framework that will fulfil the following main objectives:

  • increased availability of medicines specifically adapted and licensed for use in the paediatric population
  • increased information available to the patient/carer and prescriber about the use of medicines in children, including clinical trial data
  • an increase in high quality research into medicines for children
  • These will be achieved through a system of requirements and incentives.

The elements of the proposed Regulation include:

  • the establishment of a new body, the Paediatric Committee, sited at the European Medicines Agency (EMEA)

for new products

  • a requirement for paediatric data based on a paediatric investigation plan (PIP)
  • a six-month extension of the supplementary protection certificate (SPC) if information arising from a completed PIP is incorporated into the Summary of Product Characteristics (SmPC)

for orphan medicinal products

  • a two-year extension of market exclusivity if information arising from a completed PIP is incorporated into the Summary of Product Characteristics

for off-patent products

  • a new category of marketing authorisation called the paediatric use marketing authorisation which will be associated with a ten-year period of data and market exprotection
  • a European database of paediatric clinical trials
  • a requirement to submit data from paediatric clinical trials to the regulatory authorities
  • Co-ordination of a European Paediatric Clinical Trials Network.

Work on the draft texts started in October 2005 in the Council Working Group. It is likely that the Regulation will be finalised in 2006.