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Medical devices. Issue of Marketing Authorization for Wholesale of Medical Devices

The matter concerning production and/or the trade with medical devices, apart from attracting everyone’s wider interest, also reveals several peculiarities regarding the legal regimes, under which these devices should be brought.

In this article we will focus on the concept of a medical device: the categories of medical devices, as well as those groups of products that remain outside the scope of the regulatory framework regulating the market of medical devices.

Regulation

The main questions concerning the terms and procedure for market release and/ or putting into service of medical devices; the obligations of the manufacturer; the terms and procedure for the designation and the supervision of notified bodies; the terms and procedure for trade in medical devices, etc., are regulated at the national level by the Medical Devices Act (MDA) and the by-laws on its implementation. The relevant Acts of European legislation also apply, among which of particular importance are Regulation (EU) 2017/745 of the European Parliament and of the Council of April 5th 2017 on medical devices and Regulation (EU) 2020/561 of the European Parliament and of the Council of April 23rd 2020 amending Regulation (EU) 2017/745 on medical devices, with respect to the dates of application on some of its provisions.

The main purpose of the MDA, is to ensure market release and/or putting into service of medical devices that do not threaten the life and health of patients, of healthcare specialists or of third parties, as well as to ensure the implementation in the Bulgarian legislation of the relevant EU regulations and directives.

All products that fall under the categories of medical devices according to the Medical Devices Act follow strict regulations of the so-called ‘Market Release’; conducting clinical trials; procedure for trade and etc.

Therefore, it is essential before starting to trade and/or manufacture certain products, to determine the specific category in which they belong to, in order to estimate the legal regime that the trade and/or manufacture of these products would follow.

Medical Device Concepts

A definition of “medical device” is given on par.21 in the additional provisions of MDA.

Given that the provided definition in the law is significantly complicated, it suffices for this article to point out that a medical device may be an instrument, material, apparatus, or even software that is intended by the manufacturer to be applied on people for one of the following purposes:

Categories of medical devices

Depending on the purpose intended by the manufacturer, medical devices are distinguished by law into three main categories:

The different categories of medical devices differ in the requirements relevant to their registration, clinical trials, marketing control and should be carefully considered.

Non-medical products to which MDA applies

It is important to note that the requirements of the MDA, also apply to the categories of devices that are not medical. The ingredients of the product and its purpose are decisive in this assessment.

Among them are:

Products excluded from the scope of the MDA

Just as it equates certain products to medical devices, MDA on the other hand, excludes from its cope certain, explicitly listed categories of products. The rules of other laws, bylaws and Acts of European legislation apply to them. An important feature in distinguishing them is their primary purpose or component.

Thus, for some of them the stricter rules of the Medicinal Products in Human Medicine Act apply and for others, such as cosmetic products, the lighter regulation of the Health Act applies.

Among the most important items excluded from the scope of the MDA, are:

The article above is for information purposes only. It is not (binding) legal advice. For a thorough understanding of the subjects covered and prior to acting on any issue discussed, we kindly recommend Readers to consult attorneys at Ilieva, Voutcheva & Co. Law Firm.