The regulation of advanced therapy medicinal products

Produced in partnership with Geneviève Michaux of King & Spalding
Practice notes

The regulation of advanced therapy medicinal products

Produced in partnership with Geneviève Michaux of King & Spalding

Practice notes
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The development of medicine, biomicrobiology and biotechnology has led to the emergence of a relatively new category of medicinal products that use gene therapy, somatic cell therapy and engineered tissues for preventing, treating or even curing human diseases. The Novelty, complexity and diversity of such products has demanded new regulatory tools to allow an appropriate balancing of the risks and the benefits for the patients. EU and UK legislature regulates this category of products as ‘advanced therapy medicinal products (ATMPs)’ in order to ensure the highest level of protection of public health and to take into account their specific challenges, in particular with regard to clinical trials, manufacturing and Pharmacovigilance. However, the regulation of the tissues and cells and of genetically modified organisms (GMOs) which are used as starting materials for ATMPs remains national and therefore differs from one Member State to another. Such differences have led to a complex regulatory landscape for ATMPs.

This Practice Note explores the definition of an ATMP, the regulation of ATMPs, considers the exceptions to marketing

Geneviève Michaux
Geneviève Michaux

Geneviève Michaux is a Belgian- and French-qualified lawyer in the FDA and Life Sciences practice.

Recognized as one of the most highly regarding European Union (EU) life sciences regulatory specialists, Geneviève assists companies on a wide variety of issues under EU and national (French and Belgian) food and drug laws and regulations, with an emphasis on regulatory matters involving drugs, biologics, medical devices, cosmetics and food. She also advises life sciences clients on significant policy developments in the EU and assists with broader European and global projects.

Geneviève's work spans matters ranging from regulatory status of borderline products, authorization procedures, life cycle management, clinical trials and investigations, labeling, advertising and promotions for all categories of products, and issues raised by specific categories of medicinal products, such as pediatric, orphan or advance therapy medicinal products. She has advised on various issues arising out of the EU Pediatric Regulation, EU Orphan Regulation, SPC and SPC extension, and ATMPs at the European and national level. She also counsels startups on establishing themselves in the EU as well as complying with advertising and scientific information rules, regulatory and legal guidance.

She assists life sciences companies in forming patient/compassionate use programs in Europe, negotiating and drafting consortia related agreements, reviewing clinical trial and clinical investigation agreements, interacting with healthcare professionals in connection with advertising and promotion efforts, and product classification matters such as borderlines between drug, medical device, cosmetic and food supplement, and assistance with local authorities.

Geneviève has extensive litigation experience in life science matters, including product liability and advertising and promotional activities.

Geneviève is recognized as one of the "Most Highly Regarded Individuals" in the regulatory field (Who's Who Legal, Life Sciences 2016). In the same publication, her clients reported that she has an "unsurpassed knowledge of legal areas," as well as being "extremely dedicated to the case and the client." She has published numerous articles on food and drug law and speaks at legal and regulatory conferences on pharmaceuticals and medical devices.

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Jurisdiction(s):
United Kingdom
Key definition:
Advanced therapy medicinal product definition
What does Advanced therapy medicinal product mean?

Also known as an ATMP, a medicinal product for human use that is based on genes, tissues or cells. There are three types of ATMP: - gene therapy medicines - somatic cell therapy medicines - tissue engineered medicines.

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