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DRUG REGISTRATION GUIDANCE DOCUMENT (DRGD) - BPFK

DRUG REGISTRATION GUIDANCE DOCUMENT (DRGD) - BPFK

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Drug Registration Guidance Document (<strong>DRGD</strong>)Granted Data Exclusivity/ Test Data Protection in the country of origin or in anycountry, recognized and deem appropriate by the Director of PharmaceuticalServices.b) Second indication of a registered drug product is made within twelve (12) monthsfrom the date the second indication is approved; ANDGranted Data Exclusivity/ Test Data Protection in the country of origin or in anycountry, recognized and deemed appropriate by the Director of PharmaceuticalServices.Before the Data Exclusivity is granted:a) The applicant of a new drug product containing a new chemical entity shallprovide to the Director of Pharmaceutical Services the undisclosed, unpublishedand non-public domain pharmaceutical test data, the origination, of whichinvolves a considerable effort; ORb) The applicant for a second indication of a registered drug product shall provide tothe Director of Pharmaceutical Services, the reports of new clinical investigationsother than bioavailability studies, conducted in relation to the second indicationand the origination of which has involved considerable effort.The Director of Pharmaceutical Services shall decide on whether the application willbe granted the Data Exclusivity. The period of the Data Exclusivity granted shall bemade on a case to case basis.The period of the Data Exclusivity shall not be more than:a) Five (5) years for a new drug product containing a new chemical entity; andb) Three (3) years for a second indication of a registered drug product. The periodof Data Exclusivity is for the data concerning the second indication only.Calculation of the period of Data Exclusivity:a) For a new drug product containing a new chemical entity, the period of DataExclusivity shall be calculated from the date the product is first registered orgranted marketing authorization AND granted Data Exclusivity/ Test DataProtection in the country of origin or in any country recognized and deemedappropriate by the Director of Pharmaceutical Services.b) For a second indication of a registered drug product, the period of DataExclusivity shall be calculated from the date the second indication is firstNational Pharmaceutical Control Bureau (NPCB)First Edition, January 2013 Page | 52

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