Bridging the Gap: A Comparative Analysis of Orphan Drug Regulatory Frameworks and their Potential Application in India's Rare Disease Landscape

Abstract:
Rare diseases affect
millions worldwide, yet treatment options remain limited, especially in
developing countries. This study conducts a comprehensive comparative analysis
of orphan drug regulatory frameworks in the United States, European Union,
Japan, and India, aiming to identify best practices and propose adaptations for
India's evolving rare disease landscape. Through extensive literature review,
regulatory document analysis, and cross-country comparisons, we examined key
aspects including legislative frameworks, regulatory bodies, incentive
structures, clinical trial requirements, and post-approval monitoring. Findings
reveal significant disparities between established markets and India, with the
latter lacking a formal orphan drug act, specialized regulatory bodies, and
robust incentive structures. The study proposes strategic recommendations for
enhancing India's rare disease and orphan drug ecosystem, including
establishing a clear legislative framework, implementing market exclusivity
incentives, creating dedicated regulatory structures, and developing flexible
clinical trial requirements. Additionally, we suggest leveraging public-private
partnerships, digital health initiatives, and addressing ethical considerations
to improve rare disease management. By adapting international best practices to
its unique healthcare context, India can bridge the gap in orphan drug
availability and rare disease management. This research provides a roadmap for
policymakers and stakeholders to enhance India's approach to rare diseases,
potentially positioning the country as a leader in orphan drug development in
the developing world.
References:
[1]. Nguengang
Wakap, S., et al., 2020, Estimating cumulative point prevalence of rare
diseases: analysis of the Orphanet database. European Journal of Human Genetics, 28(2), 165-173.
[2]. Rajasimha,
H. K., et al., 2014, Organization for rare diseases India (ORDI) - addressing
the challenges and opportunities for the Indian rare diseases' community. Genetics Research, 96, e009.
[3]. Sharma,
A., et al., 2010, Orphan drug: Development trends and strategies. Journal of Pharmacy and Bioallied Sciences, 2(4),
290-299.
[4]. Gammie,
T., et al., 2015, Access to Orphan Drugs: A Comprehensive Review of
Legislations, Regulations and Policies in 35 Countries. PLoS One, 10(10), e0140002.
[5]. Bhattacharya,
S., et al., 2016, Rare diseases in India: current knowledge and new
possibilities. Proceedings of the Indian
National Science Academy, 82(4), 1183-1187.
[6]. Choudhury,
M. C., Saberwal, G., 2019, The role of patient organizations in the rare
disease ecosystem in India: an interview based study. Orphanet Journal of Rare Diseases, 14(1),
117.
[7]. Ministry
of Health and Family Welfare, Government of India, 2021, National Policy for
Rare Diseases 2021.
[8]. Orphan
Drug Act of 1983, 1983, Pub. L. No. 97-414, 96 Stat. 2049.
[9]. European
Parliament and Council of the European Union, 2000, Regulation (EC) No 141/2000
of the European Parliament and of the Council of 16 December 1999 on orphan
medicinal products. Official Journal of
the European Communities, L18, 1-5.
[10]. Sakushima,
K., et al., 2021, Effectiveness of the Orphan Drug Act in Japan: evaluating the
first decade of legislation. Drug
Discovery Today, 26(4), 1040-1046.
[11]. Ministry
of Health and Family Welfare, Government of India, 2019, New Drugs and Clinical
Trials Rules, 2019. The Gazette of India: Extraordinary, Part II, Section 3,
Sub-section (i).
[12]. Seoane-Vazquez,
E., et al., 2008, Incentives for orphan drug research and development in the
United States. Orphanet Journal of Rare
Diseases, 3, 33.
[13]. Mariz,
S., et al., 2016, Worldwide collaboration for orphan drug designation. Nature
Reviews Drug Discovery, 15(6), 440-441.
[14]. Nagao,
T., et al., 2017, Recent development of orphan drug regulation in Japan. Drug Information Journal, 51(5),
653-659.
[15]. Coté, T.,
et al., 2010, Orphan products: an emerging trend in drug approvals. Nature
Reviews Drug Discovery, 9(1), 84-85.
[16]. Fregonese,
L., et al., 2018, Demonstrating significant benefit of orphan medicines:
analysis of 15 years of experience in Europe. Drug Discovery Today, 23(1),
90-100.
[17]. Murakami,
M., Narukawa, M., 2016, Matched analysis on orphan drug designations and
approvals: cross regional analysis in the United States, the European Union,
and Japan. Drug Discovery Today, 21(4), 544-549.
[18]. Miller,
K. L., Lanthier, M., 2016, Trends in orphan new molecular entities, 1983-2014:
half were first in class, and rare cancers were the most frequent target. Health Affairs, 35(3), 464-470.
[19]. Giannuzzi,
V., et al., 2017, Failures to further develop orphan medicinal products after
designation granted in Europe: an analysis of marketing authorisation failures
and abandoned drugs. BMJ Open, 7(9),
e017358.
[20]. Day, S.,
et al., 2018, Recommendations for the design of small population clinical
trials. Orphanet Journal of Rare Diseases, 13(1),
195.
[21]. Rajasimha,
H. K., et al., 2018, Policy recommendations for rare diseases in India: a
patient-centered approach. Current
Science, 115(6), 1052-1055.
[22]. Fonseca,
D. A., et al., 2019, Orphan drugs: major development challenges at the clinical
stage. Drug Discovery Today, 24(3), 867-872.
[23]. Gupta, S.
K., 2013, Pharmacovigilance: current status and future challenges. Indian Journal of Medical Specialities, 4(1),
1-4.
[24]. US Food
and Drug Administration, 2023, Orphan
Drug Act Report 2023.
[25]. European
Medicines Agency, 2024, Orphan Medicines Figures 2000-2023. EMA/165575/2024.
[26]. Japan
Pharmaceutical Manufacturers Association, 2023, Orphan Drug Development in
Japan: 2023 Update. JPMA Report.
[27]. Choudhury,
M. C., Saberwal, G., 2021, Rare disease research and development in India:
present status and future prospects. Journal
of Genetic Engineering and Biotechnology, 19(1), 49.
[28]. Dunkle,
M., et al., 2010, Advocacy groups and their role in rare diseases research. Advances in Experimental Medicine and Biology, 686,
515-525.
[29]. Kuribayashi,
R., et al., 2021, Regulation of orphan drugs in Japan: current status and
future perspectives. Clinical
Therapeutics, 43(1), 108-117.
[30]. Yin, W.,
2008, R&D policy, agency costs and innovation in personalized medicine. Journal of Health Economics, 27(5),
1294-1309.
[31]. Papaluca,
M., et al., 2015, White spots in pharmaceutical pipelines-EMA identifies
potential areas of unmet medical needs. Nature
Reviews Drug Discovery, 14(12), 829-830.
[32]. Nishikawa, A., et al., 2021, Evaluation of the Orphan Drug Program in Japan: a focus on factors associated with development success. Drug Discovery Today, 26(6), 1425-1430.