Executive Summary
Question
The DG lll has asked the SCMPDM to provide
it with guidelines for establishing the
"similarity" of one orphan drug with respect
to another in response to requests by drug
manufacturers for derogation of the 10-year
period of marketing exclusivity. Art. 8,
paragraph 5 of the proposed legislation on
orphan medicinal products (as transmitted by
the lll Direction to the SCMPMD), specifies:
"For the purpose of this Article a "similar
medicinal product" means one which consists
of:
- the same chemical active substance or
active moiety, including isomers and mixture
of isomers, complexes, esters, salts or other
derivatives of the substance, or
- the same biological active substance,
including a different molecular structure,
source material or manufacturing process of
the substance, or
- the same radiopharmaceutical active
substance, including a different radionuclide,
ligand or coupling mechanism linking the
molecule and the radionuclide".
Answer
- A medicinal product (Product B) to be
used to treat a disease for which another
product (Product A) has already been
authorised may be considered for authorisation
if it can be shown that it is not similar to
Product A. To this end, Product B should be
considered similar to Product A if it contains
the same active substance as Product A, or an
active moiety of that substance falling into
one of the following categories:
1) |
Complexes,
salts or other non-covalent derivatives of
the substance |
2) |
Esters, amides
(including peptides) or other derivatives
that can be considered pro-drugs of the
substance and not significantly different
from the substance in terms of
pharmacokinetics |
3) |
A mixture of
isomers that includes the same active
isomer found in Product A plus other
inactive isomers |
All of the above characteristics must be
supported by appropriate data.
- The definition of "essential similarity"
applied to ethical drugs in the
Notice to
Applicants of June 1997 is not suitable
for identifying "similarity" between orphan
medical products. In the opinion of this
Committee, the definition of orphan product
similarity should be expanded to include
biological properties of the compound cited in
Article 8, paragr. 5 of the proposed
legislation.
- The Committee, therefore, proposes that
Article 8, paragraph. 5 of the proposed
legislation be modified as follows, or, in any
case, that the modifications listed below be
considered in the "Guidance on similarity".
"For the purposes of this Article, a given
medicinal product can be considered "similar"
to another medicinal product if it is:
• the same chemical substance, or a moiety
of that substance (including its isomers and
mixtures of its isomers, complexes, esters,
and non-covalent derivatives) that is
comparable to the original chemical substance
in terms of its biological activities and
properties (including efficacy and safety) and
acts via the same mechanism;
• another chemical substance that is
comparable to the original chemical substance
in terms of its activities and properties
(including efficacy and safety) and acts via
the same mechanis);
• the same substance or a substance that
differs from the original substance in
molecular structure, source material and/or
manufacturing process or the same organism
(living or nonliving), that it is
comparable to the original substance or
organism in terms of its biological actions
and properties (including efficacy and
safety)and acts via same mechanism;
• the same radiopharmaceutical substance,
or one differing from the original in
radionuclide, ligand, site of labelling or
molecule-radionuclide coupling mechanism
provided that it is comparable to the original
radiopharmaceutical substance in terms of its
biological activities and properties
(including efficacy and safety) and acts via
the same mechanism;
• a radiopharmaceutical substance differing
in chemical structure from the original but
with biological activities and properties
(including efficacy and safety) and mechanism
of action comparable to the original
radiopharmaceutical substance.
Full opinion
Terms of reference
The Scientific Committee on Medicinal
Products and Medical Devices has been asked to
provide guidance on the "similarity" test for
use in establishing marketing rights of
producers of orphan medicinal products.
Context of the question
Article 8 (Market exclusivity) of the draft
Proposal for a Parliament and Council
regulation on orphan medicinal products.
Assessment
The European Commission is currently
completing a proposal for regulation of orphan
medicinal products ( 1-8) by the Parliament
and Council. It should include a procedure for
designating these products and provide
incentives for their research, development and
marketing including a guarantee of the
exclusive marketing rights of the producer for
10 years. Protective measures of the latter
type might theoretically pose a conflict of
interests with patients' rights or public
health objectives if another producer
subsequently shows that its product is clearly
superior in terms of efficacy and / or safety.
For this reason, Art. 8, paragraph 5 of the
proposed legislation (as transmitted by the
lll Direction to the SCMPMD), specifies:
"For the purpose of this Article a "similar
medicinal product" means one which consists
of:
- the same chemical active substance or
active moiety, including isomers and mixture
of isomers, complexes, esters, salts or other
derivatives of the substance, or
- the same biological active substance,
including a different molecular structure,
source material or manufacturing process of
the substance, or
- the same radiopharmaceutical active
substance, including a different radionuclide,
ligand or coupling mechanism linking the
molecule and the radionuclide".
The DG lll has asked the SCMPDM to provide
it with guidelines for establishing the
"similarity" of one orphan drug with respect
to another in response to requests by drug
manufacturers for derogation of the 10-year
period of marketing exclusivity as described
above.
The concept of "similarity" expressed in
Art. 8, paragraph 5 of the proposed regulation
appears to be based on the chemical
characteristics of the compounds under
examination, whereas, in paragraph 3 of this
article, the derogation of the exclusive
rights described in paragraph 1 seems to be
linked to the demonstration of the
clinical
superiority (mainly in terms of greater
safety and / or efficacy) of the second
product.
Art.8, paragraph 3.
"...unless the second applicant can
establish in theapplication that the
second medicinal product, although similar to
the orphan medicinal product already
authorised, is safer, more effective or
otherwise clinically superior".
In the opinion of this Committee, the
definition of "product similarity" should,
therefore, be expanded to include the
biological properties of the compounds cited
in Art. 8 paragraph 5 of (i.e., synthetic and
biologically derived compounds and
radiopharmaceuticals).
Discussion was thus opened on the "Guidance
on similarity", including the definition and
analysis of the chemical and biological
properties, as well as of efficacy and safety.
In fact, the latter parameters were also
considered to be fundamental in distinguishing
the concept of "similarity" with reference to
orphan medicinal products from those of
"similarity" and "essential similarity"
between ethical drugs, which were defined by
the Council and the Commission in the
Notice to Applicants (NTA) of July 1997
paragraph 5 ("Abridged applications for a
marketing authorisation"), as follows:
5.2 Product, essentially similar to a
product authorised for 6 or 10 years
"the same qualitative and quantitative
composition in terms of active principles, and
the pharmaceutical form is the same; and,
where necessary, appropriate bioavailability
studies have been carried out; by extension,
the concept of essentially similar applies to
different oral form (e.g. tablets and
capsules) with the same substance for
immediate release".
Within the scope of Article 8 of the
proposal for a Council Regulation on orphan
medicinal products, a "similar medicinal
product" is one consisting in:
The same chemical active substance, or an
active moiety of the substance including:
- Isomers
- Mixtures of isomers
- Complexes
- Esters
- Salts
- Other derivatives of the substance.
The marketing exclusivity enjoyed by the
holder of marketing authorisation for an
orphan medicinal product may be challenged if
a second applicant develops a new medicinal
product containing the same active substance
or a chemical derivative of the latter, or an
organism of biological origin that can deliver
in vivo the moiety responsible for the
biological activity of the original
product. If the rights of the original
marketing authorisation holder are to be
protected, an unequivocal definition must be
found for the concept "same chemical active
substance" that covers the possibility
mentioned above.
Certain chemical modifications of a
molecular structure do not affect the
biological activity attributed to the original
molecule, salt formation being the simplest.
If the original substance is an acid (
e.g.,
carboxylic, phenolic) or a base (
e.g.,
an amine), the biological activity of its
active moiety will be the same if a different
metal or acidic ion of the substance is used.
The covalent bond is the strongest (i.e.,
the most thermodynamically stable) type of
link between atoms or groups of atoms in a
molecule. If the basic structure of a molecule
is associated with a specific biological
action, the addition, deletion or modification
of a group within this basic structure will
not necessarily affect the biological action
unless such a change involves a covalent bond,
in which case the resulting structure is
usually considered to be a new active
substance (NAS) (cf. NTA, July 1997, page 60).
Salts and complexes
New active substances can also be produced
by modifications involving other weaker types
of bonds, namely ionic or co-ordinating bonds,
to produce new salts and complexes. When such
NASs are delivered to a biological system, the
moiety responsible for the biological actions
is the same as that of the original substance.
Therefore, a new medicinal product (Product B)
based on a new salt or complex of the active
substance contained in a previously authorised
product (Product A) should be considered
similar to Product A since this type of
chemical bonding does not alter the
pharmacokinetics or the pharmacodynamics of
the active substance in Product A.
Esters
The formation of esters or amides
(peptides) represents a particular type of
covalent bonding that can alter the
pharmacokinetics of an active substance to
various degrees. These substances may be
highly unstable under physiological
conditions, and they are especially
susceptible to the effects of enzymes normally
present in the intestinal tract, the
circulating blood and the hepatic parenchyma,
all or some of which have to be crossed before
the drug reaches its site of action. Ester
formation does modify the pharmacokinetics of
a substance but generally not its
pharmacodynamics. Some esters are claimed to
offer an advantage in that they represent
pro-drugs of the original molecule. For the
purposes of the orphan medicinal products
legislation, a new medicinal product (Product
B) should be considered similar to a
previously authorised product (Product A) when
Product B contains a pro-drug of the active
substance of Product A, representing an ester,
amide (peptide) or other chemical function of
the original substance. If the appropriately
documented advantages of such a pro-drug are
reflected in clinical superiority, Product B
can be considered for orphan medicinal product
status.
Isomers
The various isomers of a given substance
usually differ in their pharmacokinetic,
pharmacodynamic and pharmacotoxicological
characteristics. Different enantiomers, for
example, can elicit completely different
biological responses. Therefore, for the
purposes of orphan medicinal product
legislation, a new medicinal product (Product
B) cannot be considered similar to previously
authorised product (Product A) solely because
the two products contain different isomers
(Isomers B and A, respectively) of the same
active substance. If, however, Isomer A is the
only one of the substance's isomers to display
pharmacodynamic and pharmacotoxicological
activity, then a new medicinal product
(Product C) based on a mixture of Isomers A,
B, C and D might be considered similar if it
can be shown that Isomer A and Isomer mixture
A,B,C,D differ from one another only in
quantitative terms, i.e. that there exists an
equivalent dose for the two.
Biological properties
Biological properties are general
characteristics of the drugs that will be
considered in the evaluation of possible
similarity . Efficacy and safety are related
to biological properties.
The biological properties of an active
substance may indeed be defined as the effects
resulting from the interaction of said
chemical (or biologic product) with living
systems and processes (9, 10). Equivalent
therapeutic outcomes can be obtained with
compounds that interact with different target
sites and/or possess different mechanisms of
action leading to different physiological and
biochemical changes. Examples of drugs that
produce very similar therapeutic effects by
different mechanisms can be found within many
drug classes. In these cases, the
toxicological profiles of the potentially
similar medicinal products assume the utmost
importance.
In an ideal
in vitro system,
"efficacy" is expressed in terms of the
effects produced by agonists or partial
agonists that act on the same receptor. In
therapeutics, the term "efficacy" denotes the
magnitude or degree of an effect that can be
achieved in the intact human patient (11,12).
Therefore, it is certainly related to the
drug-target interaction, but it also depends
on a number of other factors including
pharmacokinetic features.
Opinion
1. Producers seeking authorisation for a
medicinal product (Product B) intended for
treatment of a disease for which another
product (Product A) has already been
authorised must demonstrate that Product B is
not similar to Product A, or, if it is
similar, that it is also clinically superior
to Product A. To this end, Product B should be
considered similar to Product A if it contains
the same active substance or the same organism
(living or nonliving) as Product A, or an
active moiety of the active substance of
Product A, which falls into one of the
following categories:
1) |
Complexes,
salts or other non-covalent derivatives of
the substance |
2) |
Esters, amides
(including peptides) or other derivatives
that can be considered pro-drugs of the
substance and not significantly different
from the substance in terms of
pharmacokinetics |
3) |
A mixture of
isomers that includes the same active
isomer found in Product A plus other
inactive isomers |
All of the above characteristics must be
supported by appropriate data.
2. The definition of "essential similarity"
applied to ethical drugs in the
Notice to
Applicants of July 1997 is not suitable
for identifying "similarity" between orphan
medical products, which must be expanded to
consider biological properties, therapeutic
efficacy, safety to which and are related.
The Committee, therefore, proposes that
Article 8, paragraph. 5 of the proposed
legislation be modified as follows, or, in any
case, that the modifications listed below be
considered in the "Guidance on similarity".
"For the purposes of this Article, a given
medicinal product can be considered "similar"
to another medicinal product (Not to be
confused with "essentially similar products"
as defined by European legislation
) if it
is:
• the same chemical substance, or a moiety
of that substance (including its isomers and
mixture of its isomers, complexes, esters, and
non-covalent derivatives) that is comparable
to the original chemical substance in terms of
its biological activities and properties
(including efficacy and safety)and acts via
the same mechanism;
• another chemical substance that is
comparable to the original chemical substance
in terms of its biological activities and
properties (including efficacy and safety) and
acts via the same mechanism;
• the same substance or a substance that
differs from the original in molecular
structure, source material and/or
manufacturing process, or the same organism
(living or nonliving) that is comparable to
the original substance or organism in terms of
its biological actions and properties
(including efficacy and safety) and acts via
the same mechanism;
• the same radiopharmaceutical substance,
or one differing from the original in
radionuclide, ligand, site of labelling or
molecule-radionuclide coupling mechanism that
is comparable to the original
radiopharmaceutical substance in terms of its
biological activities and properties
(including efficacy and safety) and acts via
the same mechanism;
• a radiopharmaceutical substance differing
in chemical structure from the original but
with biological activities and properties
(including efficacy and safety) and mechanism
of action that are comparable to those of the
original radiopharmaceutical substance.
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