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KAYNEX LAW OFFICES

KAYNEX LAW OFFICES

Tokyo, Japan

Founded in 2016
50 people in their team
Kaynex provides all of its clients with high quality services that are based on our lawyers’ extensive experience at leading domestic and...
Japanese
English

About Drugs & Medical Devices Law in Tokyo, Japan

In Tokyo, Japan, the regulation of drugs and medical devices is primarily governed by the Ministry of Health, Labour and Welfare (MHLW) and its subsidiary agencies including the Pharmaceuticals and Medical Devices Agency (PMDA). These regulations are designed to ensure the safety, efficacy, and quality of pharmaceuticals and medical devices available in the Japanese market. The Pharmaceutical and Medical Device Act (PMD Act) is the primary legislation, covering the approval, production, and distribution of drugs and medical devices.

Why You May Need a Lawyer

There are several situations where you might require the assistance of a legal professional in the field of Drugs & Medical Devices. These include navigating regulatory submissions for new products, addressing compliance issues, handling patent infringements, managing product liability claims, or dealing with disputes over licensing agreements. A knowledgeable lawyer can help protect your interests, ensure compliance with complex regulations, and guide you through the process of litigation or negotiation.

Local Laws Overview

The Japanese legal framework for drugs and medical devices is comprehensive and includes several key aspects. These include the need for approval from the MHLW before a drug or device can be marketed, stringent post-market surveillance requirements, regulations governing clinical trials, and clear guidelines on the advertisement and promotion of medical products. Additionally, the PMD Act provides for penalties in cases of non-compliance or violations, making adherence to regulations crucial for companies operating in this sector.

Frequently Asked Questions

What kinds of approvals are necessary for marketing a new drug or medical device in Tokyo?

Marketing approval from the MHLW is required for new drugs and medical devices. This involves a rigorous review process conducted by the PMDA, which assesses the product’s quality, efficacy, and safety.

How long does it take to obtain regulatory approval?

The duration can vary significantly depending on the product type and the complexity of the review process. Generally, it may take several years from submission to approval.

Are there any specific regulations for foreign manufacturers?

Yes, foreign manufacturers must also obtain approval from the MHLW and might need to appoint a Japan-based Marketing Authorization Holder (MAH) to interact with regulatory authorities.

What should I do if my product faces a compliance issue?

It's essential to consult with a knowledgeable lawyer immediately to assess the situation and develop a strategy for addressing the issue in compliance with local regulations.

Can I advertise my medical product freely in Tokyo?

No, the advertisement and promotion of pharmaceuticals and medical devices are subject to strict regulations. Approval by the MHLW is often required before certain promotional activities can take place.

What are the penalties for non-compliance with the PMD Act?

Penalties can include fines, business suspension, or revocation of product approvals, depending on the nature and severity of the violation.

Is it necessary to conduct local clinical trials for approval in Japan?

Yes, in most cases, local clinical trials in Japan are required for drug and device approvals to ensure the product’s efficacy and safety in the Japanese population.

How can I protect my intellectual property rights for drugs and medical devices in Japan?

It’s important to register patents and trademarks with the Japan Patent Office (JPO) and to understand and utilize the available protections under Japanese law.

What role does the PMDA play?

The PMDA conducts scientific reviews of marketing authorization applications, monitors post-market safety, and provides relief compensation for health injuries caused by drugs and medical devices.

Where can I find information about approved drugs and medical devices in Japan?

The PMDA and MHLW websites offer databases and listings of approved products, along with relevant regulatory information and updates.

Additional Resources

The Pharmaceuticals and Medical Devices Agency (PMDA) and the Ministry of Health, Labour and Welfare (MHLW) are the primary governmental bodies overseeing drugs and medical devices. The Japan Pharmaceutical Manufacturers Association (JPMA) and the Japan Medical Devices Manufacturers Association (JMED) offer additional resources and guidance for industry participants.

Next Steps

If you need legal assistance in the field of Drugs & Medical Devices in Tokyo, Japan, the first step is to consult with a lawyer specializing in this area. They can provide you with legal advice tailored to your specific situation, help navigate the regulatory landscape, and represent your interests in any legal proceedings.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.