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EP committee supports incentives for R&D in paediatric medicines

Published 15 July 2005 - Updated 03 November 2006
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An EP committee agrees with the Commission on a six-month patent extension for paediatric medicines to compensate pharmaceutical companies for their obligation to conduct clinical trials on children.

On 13 July 2005, the Parliament's Environment Committee (ENVI) adopted its report on paediatric medicines by 40 votes to 9 with 9 abstentions. The committee voted for:

  • a six-month extension of a patent/supplementary protection certificate (SPC);
  • an increase of exclusive commercial rights of 'orphan drugs', intended to treat rare illnesses, from 10 to 12 years (if invented specifically for children); 
  • establishment of a Medicines Investigation for the Children of Europe (MICE) fund, a special EU programme for research into medicines for children; 
  • establishment of a network of researchers and research centres under the supervision of the European Medicines Agency to avoid duplication of research and tests on children;
  • establishment of a Paediatric Committee as the 'cornerstone' of the European paediatric R&D system.  

The ENVI Committee also agreed on the need to carry out an impact assessment and thus review the new regulation six years after its entry into force to determine the law's effectiveness in producing better medicines for children. The review would include an economic assessment to ensure that industry rewards are commensurate with investments.

Positions: 

"Although some results of the committee's vote are not satisfactory," to the European Federation of Pharmaceutical Industries and Associations (EFPIA), which represents the research-based pharmaceutical industry operating in Europe, "the Committee showed broad support for a balance between the obligations for pharmaceutical companies to conduct often complex, costly and lengthy paediatric research and the need to stimulate paediatric research in Europe and innovation with their support for a proven, simple and effective incentive mechanism." EFPIA also urges the Parliament and the Council to "decide, without delay on an effective paediatric R&D infrastructure in Europe for the benefit of children."

European Generic Medicines Association (EGA) says that "adopting a six-month patent/supplementary protection certificate (SPC) extension for pharmaceuticals would generate up to two billion euros each year in unnecessary additional costs to Europe’s healthcare systems. Further, "the six month notification period would create a commercially impossible situation for manufacturers who have less expensive generic products under development for marketing immediately upon SPC expiry." EGA is also concerned over the vote in favour of removing obligations on a new paediatric product to be made available in all member states in order to qualify for the reward. This will, according to EGA, allow manufacturers to sell the new child formulations only in the more lucrative markets, thereby limiting the number of countries that will benefit from the better paediatric medicines. 

The European Economic and Social Committee (EESC) "hopes the Commission will soon draw up another proposal that focuses on the demand for pharmaceuticals, rather than on supply. The objective would be to create an operational tool that facilitates and encourages data collection and dissemination on the availability and use of medicines; setting up epidemiological and prescriptive use data bases as well as establishing guidelines through the increased involvement of health professionals and patient associations, thereby simultaneously extending the application of the open method of coordination to this sector."

Professor Jose Ramet, secretary general of the Confederation of European Specialists in Paediatrics (CESP)/ European Academy of Paediatrics: "Europe desperately needs more medicines which are proven to be safe for children. The proposed regulation is a welcome step forward, but it has to tackle head-on the need for strong and effective incentives to attract more competitive research and development to Europe."

Next steps: 
  • Adoption of the committee report in the European Parliament plenary in September 2005. 
Background: 

According to figures from the Commission, at least 50% of the medicines given to newborn babies or to adolescents have never been tested for their impact on these age groups. As a common practice, doctors prescribe smaller or less frequent doses of medicines intended for adults, although their organism absorbs or eliminates them differently.  

To reduce the risks of unexpected side-effects, the Commission has proposed a new law that would require pharmaceutical companies to present the results of clinical trials involving children at the time of the authorisation of drugs. The same would apply to patent-protected drugs already on the market in case companies wished to extend the use of the drug. 

Pharmaceutical companies would be compensated for the extra costs involved in complying with the new requirements with a six-month extension of their patent.

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