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of interest |
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If manufacturing or distributing your own
label Class II or higher device, do you have your ISO 13485
QS in place? It has been required since 2006. |
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A
medtech market in evolution:
Spain, a country both ancient and ultra-modern
While the mere
mention of its name conjures up images of Moorish temples, ancient
windmills and Flamenco dancers, Spain is also a country which has
been modernizing rapidly and is now on the leading edge in many
sectors of the world economy.
A vibrant economy
The country has seen the fastest economic development in Western
Europe since the 1960’s. It’s
economy is the eighth-largest in
the world, and the fifth-largest in Europe. Regarded as the country
with the highest quality of life in Europe, Spain has a very high
standard of living, and is now surpassing other comparable developed
countries such as the UK, Germany, and Italy. After a steep plunge
in late 2008 and throughout 2009, the economy stabilized in the
first quarter of 2010.

Decentralization changed everything
With a population of
about 40 million and a healthcare expenditure of 7.5 percent of the
total GDP, Spain has seen its healthcare system experience great
changes in recent times. The most significant of these changes has
been decentralization of the country’s 17 regions. Started in 1981,
the decentralization process culminated in January 2002 and lead to
a significant change in the healthcare scenario of the whole
country. Decentralization gave regional healthcare authorities the
autonomy to plan, change and upgrade the infrastructure thereby
leading to enormous development in the healthcare technology
scenario especially in the usage of information technology, which
had earlier taken a back seat in terms of
technology advancement. The present 17 comunidades are rising to the
challenge by upgrading the healthcare infrastructure to make the
system more efficient both for the healthcare provider and the
patient. This is spurring tremendous opportunities in the healthcare
IT sector across the whole country.
The majority of healthcare
services in Spain are owned by the regional health service, which is
part of the public healthcare system. Although public hospitals
account for only about 39.0 percent of the total hospitals in Spain,
they contribute up to about 69.0 percent of the total hospital beds.
In certain regions like Catalonia, private hospitals contribute up
to 31 percent of the total hospital beds. But it is the public
healthcare system, which caters to the majority of the citizens.
Adding to the healthcare expenditure is the fact that the finance
for the regional healthcare system is from the taxes paid by the
citizens and there are many immigrants, who also benefit from the
low cost of healthcare in the country.
Modernizing the healthcare system
Prior to the
decentralisation, Spain’s central government controlled all health
planning decisions for the country. Since then, the healthcare
system has improved in terms of both efficiency and distribution of
health services. One of the reasons for this improvement is that the
regional healthcare systems are more capable in adapting themselves to
specific healthcare demands and regional preferences. This is
leading to increased development as all regions are making
investment decisions for new healthcare solutions. As a result, the
regions have successfully developed a frontline healthcare system
network. A new law on “Cohesion and Quality of the National Health
System,” further accelerated the growth of the healthcare system by
establishing three basic principles of equity of access, quality
guarantee and citizens participation. This change has led to the
regional governments looking for new techniques to modernise their
healthcare system. The regional governments have realised that they
could abide by the law by successful adoption and implementation of
e-health tools. This would be working towards implementing systems
to facilitate seamless data flow, thus making the healthcare system
more efficient.
Spain’s medical device industry
Valued at US $4.8
billion in 2010, the
Spanish medical market ranks fifth in the EU-27 and eighth in the
world. Nevertheless, medical
spending per capita is on the low side for an EU-27 country. Over
80% of medical production is exported, therefore imports represent
the majority of the market. As a result, Spain has one of the
world’s largest medical trade deficits. Consumables are the largest
medical sector, followed by orthopaedic & implantable products,
diagnostic imaging apparatus and dental products.
Net
medical production was valued at US$1.5 billion of which exports
amounted to US$1.3 billion in 2008.
Spain has a strong medical device
manufacturing sector, which tends to be based around Madrid and
Barcelona. Companies, however, tend to be small and concentrated at
the low to medium technology end of the market. Major export
categories included medical supplies, syringes, needles & catheters
and X-ray equipment. Morpheus Medical is one of the latest acquired
Spanish producers; Aircraft Medical, an Edinburgh-based medical
devices company, announced this acquisition in May 2009.
A
sector monopolized by foreign companies
Medical imports rose
by 5.1% in 2008, reaching US$4.2 billion.
Most
of the medical market is supplied by imports, mainly from the USA
and other EU-27 countries; leading EU-27 countries are Germany, the
Netherlands, France, Belgium and the UK. Imports of consumables
represent the leading individual import category, equal to 20.9% of
the total. Orthopaedic & implantable products represented 18.3% of
total imports.
Spain had 804 hospitals in 2008,
of which 319 were public and 485 private.
Health
services in Spain have been decentralised since 2002, thereforethe
medical industry needs to liaise with 17 regions separately.
Increased regional autonomy has resulted in greater medical
equipment disparities. In 2009, Spain has around 6,000 high-end
technology equipment units, mainly including CAT, MRI and
mammography units. There are 50 operational PET units, of which half
of them are PET-CAT. Also, there are 140 centres with nuclear
medicine units.
The
diagnostic imaging sector is monopolized by foreign companies.
In June 2009, the Hospital de la
Santa Creu i Sant Pau in Barcelona signed a ten-year agreement for
Philips Healthcare to manage the imaging technology needs of the
hospital's imaging diagnostics department at a fixed monthly fee.
The agreement includes management of equipment from imaging
specialties including MR, CT, nuclear medicine, X-ray and
ultrasound. As a result of the agreement, Hospital Sant Pau will
become an international reference site for Philips Healthcare, a
major move in a sector dominated by foreign companies.
DFAIT funds are a promising first step
Canada’s medical
technology sector has so far left a very small footprint in Spain’s
healthcare market. This is a situation which Canada’s Foreign
Affairs and International Trade Ministry hopes to change by offering
to pick up the tab for some of the costs involved in meeting and
dealing with Spanish healthcare authorities and business interests.
While very modest in size, this funding is a promising first step in
assisting Canadian medical device manufacturers to venture forth
into a market with considerable potential for growth. Precise
details about a mission to Spain have yet to be determined but TMTA
is anticipating to lead a first group in early to mid February
2011. Funds will be available to any medical technology company from
anywhere in Canada. TMTA hopes that Ontario manufacturers will take
advantage of this opportunity by responding enthusiastically and
registering early. Any company interested in registering or wanting
more information about the Spanish market and a medical device mission can
contact TMTA by phoning Marcel Lafleur at 905.888.1273, x 331 or
emailing marcel@tmta.ca

Alarm Bells About Chemicals and Cancer
The US President’s Cancer Panel is the Mount Everest
of the medical mainstream, so it is astonishing to learn that it is
poised to join ranks with the organic food movement and declare:
chemicals threaten our bodies.
The
cancer panel is releasing a landmark 200-page report on
Thursday, warning that our lackadaisical approach to regulation may
have far-reaching consequences for our health. The
report is an extraordinary document. It calls on Americans to
rethink the way they confront cancer, including much more rigorous
regulation of chemicals.
Traditionally, cancer risk is reduced through regular doctor visits,
self-examinations and screenings such as mammograms. The President’s
Cancer Panel suggests other eye-opening steps as well, such as
giving preference to organic food, checking radon levels in the home
and microwaving food in glass containers rather than plastic.
In
particular, the report warns about exposures to chemicals during
pregnancy, when risk of damage seems to be greatest. Noting that 300
contaminants have been detected in umbilical cord blood of newborn
babies, the study warns that: “to a disturbing extent, babies are
born ‘pre-polluted.’ ”
It’s
striking that this report emerges not from the fringe but from the
mission control of mainstream scientific and medical thinking, the
President’s Cancer Panel. Established in 1971, this is a group of
three distinguished experts who review America’s cancer program and
report directly to the president.
One
of the seats is now vacant, but the panel members who joined in this
report are Dr. LaSalle Leffall Jr., an oncologist and professor of
surgery at Howard University, and Dr. Margaret Kripke, an
immunologist at the M.D. Anderson Cancer Center in Houston. Both
were originally appointed to the panel by former President George W.
Bush.
“We
wanted to let people know that we’re concerned, and that they should
be concerned,” says Professor Leffall.
The
report blames weak laws, lax enforcement and fragmented authority,
as well as the existing regulatory presumption that chemicals are
safe unless strong evidence emerges to the contrary.
“Only a few hundred of the more than 80,000 chemicals in use in the
United States have been tested for safety,” the report says. It
adds: “Many known or suspected carcinogens are completely
unregulated.”
Industry may howl. The food industry has already been fighting
legislation in the Senate backed by Dianne Feinstein of
California that would ban bisphenol-A, commonly found in
plastics and
better known as BPA, from food and beverage containers.
Studies of BPA have raised alarm bells for decades, and the evidence
is still complex and open to debate. That’s life: In the real world,
regulatory decisions usually must be made with ambiguous and
conflicting data. The panel’s point is that we should be prudent in
such situations, rather than recklessly approving chemicals of
uncertain effect.
The
President’s Cancer Panel report will give a boost to Senator
Feinstein’s efforts. It may also help the prospects of
the Safe Chemicals Act, backed by Senator Frank
Lautenberg and several colleagues, to improve the safety of
chemicals on the market.
Some
41 percent of Americans will be diagnosed with cancer at some point
in their lives, and they include Democrats and Republicans alike.
Protecting ourselves and our children from toxins should be an
effort that both parties can get behind — if enough members of
Congress are willing to put the public interest ahead of corporate
interests.
One
reason for concern is that some cancers are becoming more common,
particularly in children. We don’t know why that is, but the
proliferation of chemicals in water, foods, air and household
products is widely suspected as a factor. I’m hoping the President’s
Cancer Panel report will shine a stronger spotlight on environmental
causes of health problems — not only cancer, but perhaps also
diabetes, obesity and autism.
This
is not to say that chemicals are evil, and in many cases the
evidence against a particular substance is balanced by other studies
that are exonerating. To help people manage the uncertainty
prudently, the report has a section of recommendations for
individuals:
¶Particularly when pregnant and when children are small, choose
foods, toys and garden products with fewer endocrine disruptors or
other toxins. (Information about products is at
www.cosmeticsdatabase.com or
www.healthystuff.org.)
¶For
those whose jobs may expose them to chemicals, remove shoes when
entering the house and wash work clothes separately from the rest of
the laundry.
¶Filter drinking water.
¶Store water in glass or stainless steel containers, or in plastics
that don’t contain BPA or
phthalates (chemicals used to soften plastics). Microwave
food in ceramic or glass containers.
¶Give preference to food grown without pesticides, chemical
fertilizers and growth hormones. Avoid meats that are cooked
well-done.
¶Check radon levels in your home. Radon is a natural source of
radiation linked to cancer.

China’s
healthcare reform one year later: What’s changed?
By InMedica Research | March 16, 2010
Wellingborough, U.K. (March
16, 2010)—In April 2009, the Chinese government announced guidelines
for healthcare reform, with the core goal of providing universal
healthcare services to the country’s 1.3 billion people. China will
invest RMB850 billion ($124 billion) on healthcare from 2009 to
2011, further stimulating demand for medical devices, in what is
already one of the world’s fastest growing markets for medical
technology. One year later, a number of new regulations and
guidelines are in place that are beginning to reshape the structure
of the Chinese healthcare industry.
Buy China initiative favours local suppliers
InMedica predicts that the
main winners in the medical devices market will be suppliers of
basic equipment, such as general-purpose ultrasound machines, analog
x-ray equipment, and patient monitors, which are all funded by the
healthcare reform. Chinese companies such as Mindray, Beijing
Wandong, and Yuyue Medical will benefit the most, as local suppliers
are preferred by the government due to the “Buy China” initiative.
Universal coverage by 2020
While the government has
not released details of how the investment in healthcare reform will
be distributed,
InMedica believes that
around 50% will be used to expand the coverage of medical insurance,
30% will be used for the construction of rural healthcare systems,
and the remaining 20% will be used to fund public hospitals. It is
the first time that basic healthcare will be provided as a public
service for all people in China, and the Chinese government aims to
solve the problems that have caused strong complaints from the
public about high medical costs. The overall aim is to provide basic
medical services to the population by 2011, with the long-term goal
of rolling out universal coverage by 2020. The healthcare reform
relies on joint funding by central and local governments. The
central government will contribute around 40% of the total
investment.
Guidelines cover everything
Public nonprofit hospitals
will remain the major provider of healthcare services, but more
priority will be given to the development of grassroots-level
hospitals and clinics. The central government will fund the
construction of 2000 county-level hospitals and 29,000 township
hospitals and the upgrading of 5000 township hospitals. Furthermore,
about 3700 community health centers and 11,000 community health
stations will be established or upgraded by 2011.
Since the reform was announced last April, a series of regulations
and guidelines has been released. In June, the guideline on the
construction of county hospitals, health centers, community health
service centers, and village clinics was released; in October, the
guideline on the price of essential drugs was released; and in
January, a guideline on training and development of village
physicians was released. Most recently, in February, the guideline
on the reform of public hospitals in 16 pilot cities was released.
Market-oriented approach have resulted in soaring costs
Public hospital reform was
one of the key issues of the guideline. Currently, public hospital
revenues are derived from drug sales, medical services, and
government funds. In 2007, the total revenue of public hospitals in
China was RMB375.4 billion, including RMB200 billion from sales of
drugs. In the same year, funds from the government were RMB28.5
billion, which was only 7.6% of total revenues. Currently, public
hospitals are permitted to make a 15% profit from drug sales. Whilst
this market-oriented approach has greatly improved medical services
in recent years, it has also resulted in soaring medical costs for
the Chinese public.
According to the guideline, the 15% profit from drug sales will no
longer be permitted. However, it is thought that government funding
alone cannot fully meet the financial gap, especially in the western
regions.
“With limited government funding available, it is unknown if the
public hospitals can maintain standards of care without the revenues
from drug sales,” said Owen Tang, market analyst at InMedica. “This
is why the government has chosen 16 cities to pilot the reform. The
cities, including six in central China, six in the east, and four in
the west, were asked to start the reform from this year. The
government will need time to evaluate the success of these early
trials, and possibly conduct more trials with refined guidelines,
before the healthcare reform can be rolled out on a national level.
Despite the impressive headline investment figures, China’s
healthcare reform is likely to be a lengthy process.”

|
Live webcast: Japan’s
medical device market
As the second largest
medical market in the world, Japan is constantly striving to
improve its regulatory system to meet demand. Learn more
about Japan's medical device regulatory environment and make
sure you are prepared. This webcast delves into various
regulatory issues from medical device registration, Foreign
Manufacturer Accreditation (FMA), Quality Management System
(QMS), and reimbursement. The presenter is Ames Gross,
president of Pacific Bridge Medical. The webcast is consists
of a 60-minute presentation followed by a 30-minute Q&A
session.
Overview of Japan's Medical Device Market
Medical Device Registration
- Required licenses
- Process and timeline
- Application process
- Medical device classifications
- Required documents and information
Foreign Manufacturer Accreditation (Devices)
- Detailed list of required documents
- Application and review process
QMS
(Quality Management Systems) Audit for devices
- Preparing for your audit (appropriate paperwork,
documents, etc.)
- Detailed required documents
- ISO vs QMS
- On-site inspection process
- Tips for success when the PMDA auditors visit
Device Reimbursement
- How the Japanese reimbursement system works
- Reimbursement classes
- Application process and documents
- Ways to improve pricing
2010
Regulatory Updates and New Trends
- New device regulations over last 6 months
- Tips for success
- Cross-cultural issues
Each dial-in number is
$400.00.
This webcast takes place on April 1, 2010 and starts at
11:00 AM Eastern Daylight Savings Time (EDT). |
Past webcasts for sale on CD...
If you have any questions, please email Andrew Connor at
andrewconnor@pacificbridgemedical.com. |


USA:
Guidance on good importer practices
The FDA (Food and Drug Administration) and several other US
government agencies have drafted a guide on good importer practices
to help ensure that health products finding their way into the US
meet required standards. The draft guidance recommends that
importers consider instituting practices to identify and minimize
risks associated with imported products. The draft guidance also
recommends that, in general, importers should know the producer of
the foreign products they purchase and any other manufacturers, such
as trading companies or distributors, with which they do business.
The FDA has been under pressure to strenghten the oversight of
health products finding their way onto the US market following
safety concerns surrounding health products imported from China
India. The draft can be found under:
Good
Importer Practices - Draft Guidance.

Tanzania: Steps to establish a regulatory framework
The
TFDA- Tanzanian Food and Drugs Authority has announced plans to
establish a new regulatory framework for medical devices. Devices
will be clasified according to the risk-based classification
principles of the Global Harmonization Task Force and compulsory
registration will be required for all products. The TFDA has framed
guidance on evidence documents that companies would have to produce
to register their devices. The agency is also seeking data of all
imported products to control these devices during the transition
period. Device importers have to submit all necessary information to
the TFDA by 31 August.

EU: Guidance on clinical evaluation of stents
The
European Commission issued the final guidance on the clinical
evaluation of coronary stents, which describes the main requirements
fort the clinical evaluation of this group of Class III medical
devices. The guidance covers bare metal stents, drug-eluting stents
and other innovative stents. The guidance is included as an Appendix
to MEDDEV 2.7.1 on guidance to manufacturers and notified bodies on
evaluation of clinical data. The document covers preclinical
assessment, clinical investigation, evaluation of clinical data
supporting CE marking, postmarket clinical follow-up and
modifications to stents or indications for use. In terms of clinical
investigation, the guidance recommends a minimum timeline for six
months in general for bare metal stents and a minimum of 12 months
for drug-eluting and other innovative stents. Each claim
modification should be approved by the relevant notified body. The
guidance can be download under:
Guidance -
evaluation on clinical data.

China: New rules on adverse incident reporting
SFDA – China’s State Food and Drug Administration has issued interim
rules that strengthen adverse event reporting requirements for
medical device manufacturers, distributors, medical device users,
technical institutions for medical device adverse monitoring, food
and drug regulatory departments and other relevant authorities. The
new rules also introduce the first-ever device re-evaluation
procedures and came into effect on 30 December 2008. The SFDA is
responsible for nationwide monitoring of adverse incidents and
re-evaluation activities.
The
regulation requires that manufacturers, distributors and medical end
users establish an adverse event reporting system, which includes
appointment of a responsible person for adverse incident reporting
and management and the event records must be maintained for two
years after the end of the product’s life-cycle. The regulation also
specifies strict reporting timelines, f.ex. for an incident that has
resulted in death manufacturer has to submit a special report within
five business days.
Manufacturers of Class II and
III (medium- to high-risk) devices must prepare a Medical Device
Adverse Incident Annual Summary Report, which summarises adverse
events in the previous year and submit to the relevant authorities
(provincial technical evaluation agency) before the end of January
each year. Under this regulation the Class III and imported devices
are re-evaluated by the SFDA; Class I and II domestic devices are
evaulated by provincial food and drug agencies .

Food and Drug Admin to become a more efficient and transparent
operation
As previously
reported in our Asia Medical eNewsletter, the Taiwan Food and Drug
Administration (TFDA) will combine the Bureau of Food Safety, Bureau
of Pharmaceutical Affairs, Bureau of Food and Drug Analysis, and
Bureau of Controlled Drugs in order to better integrate the
management of food and drug safety.
The TFDA will
run a single-window operation to increase efficiency, decrease
processing time, and improve transparency. In the future, instead of
applying for medical equipment registration to different agencies
depending on the type of device, medical device companies can send
product information directly to the TFDA. Additionally, the TFDA
will manage all import inspection, while routine inspections will be
managed by the private sector.
The TFDA will
also run a single-window operation for new drugs. Currently, new
drugs are inspected by three institutions: the Bureau of
Pharmaceutical Affairs, Center for Drug Evaluation (CDE), and the
Bureau of Food and Drug Analysis. Once the TFDA is established, all
data pertaining to new drugs can be submitted to the TFDA. The TFDA
will then relay new drug technical data over to the CDE for further
review. Companies will be permitted to request the status of the
application at any point during the process. Deputy Minister Yan-Jen
Sung states that this single-window approach will reduce the
processing time from the current 230 days to less than 200 days.

DCC
and DTAB approve new regulations for medical devices
In June 2009 the
Drug Consultative Committee (DCC) and the Drug Technical Advisory
Board (DTAB) approved new formal regulations for India’s medical
device sector. The new regulations have been sent to the Ministry of
Health for final notification, which is expected soon.
As of yet,
India’s medical device sector has been largely unregulated. There is
currently no specific definition for medical devices, and only
certain devices are regulated as drugs by the Drug Controller
General of India (DCGI). The new regulations will provide a specific
definition for medial devices and create a formal category for
medical devices separate from drugs. The DCGI will expand its
medical devices wing to enforce stricter oversight on the import and
manufacture of medical devices. In March 2009, the DCGI proposed 19
additions to the list of medical devices requiring registration. The
number of additions is expected to expand to 49 new categories of
medical devices with the new regulations.
The new
regulations were devised by a task force consisting of trade bodies
such as the Indian Chamber of Commerce and Industry and the
Confederation of Indian Industry. The task force was advised by the
World Health Organization, the United States Food and Drug
Administration, industry experts, and public opinion.

Strong
ratings for healthcare companies
Medical device companies got a clean bill of health from
Standard &
Poor’s, but they’ll soon require a follow-up appointment.
The good news from S&P’s Rating Services is that, so far in 2009, it
has upgraded nearly double the amount of healthcare companies that
it has downgraded.
The industry report, “North American Health Care Companies Remain
Vital, But Require Observation,” says that essential medical
products and services are continuing to pump up healthcare
companies. However, it notes that a changing political landscape and
slumping economy pose many risks to the industry.
Medical device makers St. Jude Medical and Covidien are among the
strongest performers of 2009, an article in the
Wall Street
Journal
says.
Medical technology situation in
Brazil

Brazil’s economy and healthcare system have been
undergoing major transformations in the last decade. As a result,
the Brazilian government is now allocating
more funds for retro-fitting all of the country’s hospitals.
This move is resulting in a substantial increase in purchases of new
technologies. Since Brazil has few in-country medical products
manufacturers, the situation offers great potential for Canadian
manufacturers to increase exports and boost sales.
A
ground-breaking mission
Canadian companies can benefit greatly by getting in on the action
as soon as possible. As
with all new markets, firms that benefit the most will those who get
in on the ground floor. TMTA’s strategy has been to align itself
with ABIMO (Brazil’s national medical and dental device association)
and Canada’s consulate in Sao Paulo to launch “Brazil 2009”, TMTA’s
first medical technology mission to South America.
As of today, registrations is open to all
Canadian Companies interested in doing business in this major
emerging market.
The Mission took place from June 1 to June 5 and
coincided with Hospitalar 2009, Brazil and South America’s largest
medical device show. The visit featured "one-on-one" meetings with
potential distributors and a session devoted to walking the floor of
the Hospitalar Exhibition in Sao Paolo. Participating companies had the opportunity to have a first hand look at the type of
products in use by Brazilian hospitals and explore specific markets
for Canadian manufacturers.
The Mission included meetings with public and private
healthcare administrators and visits to a public and a private
hospital to examine the type of technology used in the Brazilian
healthcare system. There will also be presentations from experts on
Brazilian regulations and meetings with Brazilian Government
officials to explore the government’s ambitious plan to
substantially improve Brazil’s healthcare delivery system.
Get
in on the action now
Four TMTA member companies were part of the 2009 mission.
Other companies wishing to be in on the
action in 2010 should contact us right away as participation will be limited
to a group of no more than 10 companies in order to make the mission
more manageable. Some financial assistance may be available
from Foreign Affairs to defray certain costs but details await a
confirmation from Foreign Affairs.
Consider entering the Brazil market. Not only will
your firm be among the first to explore medical technologies used in Brazilian
hospitals, you will also have
a big say in shaping the future of Canada’s trade with Brazil and be
among the first to reap its benefits. One of the goal of the mission
is to is to advise Canadian
manufacturers on what markets to target in order to achieve sales
and increase exports to Brazil, accumulating practical, useable
market intelligence for the medical technology industry.
To register or enquire about details, drop us an email at
marcel@tmta.ca Since this mission enjoys the support of medical
technology associations across Canada, companies outside Ontario can
contact their provincial association.
Keep checking this page for updates. Reports on the 2009 mission
will be posted here as soon as they are available.
Drug industry exhibition and
conference

BioPharm America™ 2009
September 16–18, 2009 • San Francisco, USA
BioPharm America™ is the place to meet with AstraZeneca, Bayer
Schering, Exelixis, Genentech, Gilead, Johnson & Johnson, Merck &
Co., Inc., Pfizer, Takeda, UCB and many more pharma and
large-cap biotech companies hunting for deals.
As a participant of BioPharm America you will benefit from
partneringONE™, the industry partnering platform, to
screen hundreds of potential partners and easily schedule
pre-arranged meetings.
Three easy steps to be part of the action:
1.
Register
2.
Browse a large pool of licensing opportunities and identify
potential partners
3.
Pre-arrange private one-to-one meetings
Conference links:
*
View the Preliminary BioPharm
America Program
*
View the list of Presenting Companies to date
*
View the BioPharm America 2009 Sponsors
*
View the pre-conference program: ChinaBio Day 2009
To register:
Martina Rannertshauser, EBD Group
mrannertshauser@ebdgroup.com

Medical
Device Product Liability and Serious Derivative Risks
Arising from Miscommunications and Failure to Warn Seminar
Product Liability Seminar
September 10, 2009
Morgan Lewis Offices
Philadelphia, PA
Medical device companies do their
utmost to design and manufacture products that are safe and
effective for their intended therapeutic purposes, and through
appropriate labeling, instructions, and training try to guarantee
that they are used in the right way. But in an imperfect world,
things do happen, and too often they result from inaccurate,
inconsistent, or improper communications, misunderstandings on the
part of the users, or representations made outside of the
manufacturer's control. Such problems, when linked to patient
adverse events, can result in "failure to warn" product liability
actions that are potentially devastating to companies.
In this unique conference, experts from law firms, the medical
technology industry, and the insurance field review the medical
device product liability landscape, present and emerging legal
trends, areas of greatest potential risk, and best practices for
companies to monitor and assess the myriad representations made
about their products.
Speakers include:
John P. Lavelle, Jr., Partner, Morgan
Lewis
Brian W. Shaffer, Partner, Morgan Lewis
Marta L. Villarraga, Ph.D., Exponent Medical Device & BioEngineering
Sara Dyson, Loss Control Manager, Medmarc Insurance Group
Joseph Coray, AVPt, Technology Practice
Group, The Hartford
Kenneth Ross, Counsel, Bowman and Brooke
M. Elizabeth Bierman, Partner, Morgan
Lewis
Kathleen McDermott, Partner, Morgan Lewis
Additional Speakers TBA
General Information:
This seminar will take place at the
Philadelphia offices of Morgan Lewis, located at:
1701 Market Street
Philadelphia, PA
215-963-5000 - phone
Please be advised that there are no hotel room blocks associated
with this seminar.
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|
It has few people, no resources and lots of
hostile neighbours
–so how did Israel turn the situation to its advantage?
Long
before Israel was a state, there was already isolation. An early
economic boycott can be traced back to 1891, when local Arabs
asked Palestine’s Ottoman rulers to block Jewish immigration and
land sales. In 1922, the Fifth Palestine Arab Congress called
for the boycott of all Jewish businesses.
The long,
long boycott
A longer,
official boycott by the 22-nation Arab League, which banned the
purchase of “product of Jewish industry in Palestine” was
launched in 1943, five years before Israel’s founding. This ban
extended to foreign companies from any country that bought or
sold to Israel and even to companies that traded with these
blacklisted companies. Almost all the major Japanese and Korean
car manufacturers – including Honda, Mazda and Mitsubishi –
complied with the boycott and their products could not be found
on Israel’s roads. A notable exception was Subaru, which for a
long time had the Israel market nearly to itself but was barred
from selling in the Arab world.
Every
government of the Arab League established an official Office of
the Boycott, which enforced the boycott, monitored the behaviour
of targets and identified new prospects. According to
Christopher Joyner of George Washington University, “ Of all the
contemporary boycotts, the League of Arab States’ boycott
against Israel is, ideologically, the most virulent,
organizationally, the most sophisticated; politically, the most
protracted; and legally, the most polemical.”
In such a
climate, it is natural that young Israelis seek both to get away
from an Arab world that has ostracized them and to defy such
regionism – as if to say, “The more you to try to lock me in, the
more I will show you I can get out.” For the same reason, it was
natural for Israelis to embrace the internet, software, computer
and telecommunications arenas. In these industries, border,
distances, and shippping costs are practically irrelevant. As
Israeli venture capitalist Orna Berry says, “High-tech
telecommunications became a national sport to help us fend
against the claustrophobia that is life in a small country
surrounded by enemies.”
This was
a matter of necessity, rather than mere preference or
convenience.
Circumventing isolation
Because
Israel was forced to export to far-away markets, Israeli
entrepreneurs developed an aversion to large, readily
identifiable manufactured goods with high shipping costs, and an
attraction to small, anonymous components and software. This, in
turn, positioned Israel perfectly for the global turn toward
knowledge and innovation-based economies, a trend that continues
today.
It is
hard to estimate how much the Arab boycott and other
international embargoes–like France’s military ban–
have cost Israel over the past 60 years, in terms of lost
markets and the difficulties imposed on the nation’s economic
development. Estimates range as high as $100 billion. Yet the
opposite is just as difficult to guess: What is the value of the
attributes that Israelis have developed as a result of the
constant efforts to crush their nation’s development?
Today,
Israeli companies are firmly integrated into the economies of
China, India and Latin America. Because telecommunications
became an early priority for Israel, every major telephone
company in China relies on Israel telecom equipment and software.
And China’s third-largest social-networking website, which
services 25 million of the country’s young web surfers, is
actually an Israeli startup called Koolanoo, which means “all of
us” in Hebrew. It was founded by an Israeli whose family
emigrated from Iraq.
In the
ultimate demonstration of nimbleness, the Israeli venture
capitalists who invested in Koolanoo when it was a Jewish social
networking site have utterly transformed its identity, moving
all of its management to China, where young Israeli and Chinese
executives work side by side.
Going where
hostility has no history
Gil Kerbs,
an Israeli alumnus of Unit 8200 (the largest unit in the Israeli
Defense Forces’ Intelligence Corps, responsible for collecting
technology intel), also spends a lot of time in China. When he
left the IDF, Gil picked up and moved to Beijing to study
Chinese intensively, working one-on-one with a local
instructor–for five hours each day for a full year, so he could
build a business network here. Today, he is a venture capitalist
in Israel, specializing in the Chinese market. One of his
Israeli companies is providing voice biometrics technology to
China’s largest retail bank. He told us that Israelis actually
have an easier time doing business in China than in Europe. “for
one, we were in China before the “tourists” arrived, he says,
referring to those who have only in recent years identified
China as an emerging market. “Second, in China there is not
legacy of hostility to Jews. So it’s actually a more welcoming
environment for us.”
Israelis
are far ahead of their global competitors in penetrating such
markets, in part because they had to leapfrog the Middle East
and search for new opportunities. By the time they are out of
their 20’s, not only are most Israelis tested in discovering
exotic opportunities abroad, they aren’t afraid to enter
unfamiliar environments and engage with cultures very different
from their own. Indeed, military historian Edward Luttwak
estimates that many post-army Israelis have visited over a dozen
countries by age 35. Israelis thrive in new economies and
uncharted territory in part because they have been out in the
world.
Avid
internationalism
One
example of this avid internationalism is Netafim, an Israeli
company that has become the largest provider of drip irrigation
systems in the world. Founded in 1965, Netafim is a rare example
of a company that bridges Israel’s low-tech, agricultural past
to the current boom in clean tech.
Netafim
was created by Simcha Blass, the architect of one of the largest
infrastructure projects undertaken in the early years of the
state. Born in Poland, he was active in the Jewish self-defense
units organized in Warsaw during World War I. Soon after
arriving in Israel in the 1930s, he became chief engineer for
Mekoror, the national water company, and planned the pipeline
and canal that brings water from the Jordan River and the Sea of
Galilee to the arid Negev.
Blass got
the idea form drip irrigation from a tree growing in a
neighbour’s backyard, seemingly “without water”. The giant tree,
it turns out, was being nourished by a slow leak in an
underground water pipe. When modern plastics became available in
the 1950s, Blass realized that drip irrigation was technically
feasible. He patented this invention and made a deal with
co-operative settlement located in the Negev desert to produce
the new technology.
Netafim
was pioneering not just because it developed an innovative way
to increase crop yeilds by up to 50% while using 40% less water,
but because it was one of the first kibbutz-based industries.
Until then the kibbuts – collective communities – were
agriculture based. The idea of a kibbutz factory that exported
to the world was a novelty.
But
Netafim’s real advantage was ahving no inhition about travelling
to far-flung places in pursuit of markets that desperately
needed its products–places where, in the 1960s and ‘70s,
entrepreneurs from the west simply did not visit. As a result,
Netafim now operates in 110 countries over five continents. In
Asia, it has offices in Vietnam, Taiwan, New Zealand, China,
India, Thailand Japan, Phillipines, Korea and Indonesia. In
South America, it has a presence in Argentina, Brazil, Mexico,
Chile, Ecador and Peru. Netafim also has 11 offices in Europe
and the former Soviet Union, one in Australia, and one in North
America.
And
because Netafim’s technology became so indispensable, a number
of foreign governments that historically had been hostile to
Israel bgan to open diplomatic channels. Netafim is active in
former Soviet bloc Muslim states like Azerbaijan, Kazakhstan and
Uzbekistan. This lead to warmer relations with Israel’s
government after the dissolution of the Soviet Union. In 2004,
then trade minister Ehud Olmert tagged along on a Netafim’s trip
to South Africa in the hope of forming new strategic alliances
there. The tip resulted in $30 million in contracts for Netafim,
plus a memorandum of understanding between the two governments
on argiculture and arid lands development.
Selling the
whole country
Israeli
entrepreneurs and executives, though, have themselves been know
to engage in self-appointed diplomatic missions on behalf of the
state. Many of Israel’s globe-trotting business people are not
just technology evangelists but endeavour to “sell” the entire
Israel economy. Jon Medved–the inventor of the “nickname
barometer” to measure informality– is one such example.
Raised in
California, Medved was trained in political activism, not
engineering, His first career was as a Zionist organizer. He
moved to Israel in 1981 and made a small living by going on
speaking tours to preach about the future of Israel to Israelis.
A conversation he had in 1982 with an executive at Rafael, one
of Israel’s largest defense contractors, burst Medved’s bubble.
He was told unceremoniously, that he was doing was a waste of
time and energy. Israel did not need more professional Zionists
or politicians, the executive stated flatly; Israel needed
business people. Medved’s father had stated a small company in
California that built optical transmitters and receivers. So
Medbed began pitching his father’s product in Israel. Instead of
going from kibbutz to kibbutz to sell the future of Zionism, he
went from company to company to sell optical technology.
Later, he
got into the investment business and founded Israel Seed
Partners, a venture capital firm, in his Jerusalem garage. His
fund grew to over $260 million, and he invested in 60 Israeli
companies, including Shopping.com which was bought by eBay, and
Compugen and Answers.com, both of which went public on Nasdaq.
In 2006, Medved moved left Israel Seed to launch and manage a
startup himself, Vringo, a company that pioneered video
ringtones for cellphones, which has quickly penetrated the
European and Turkish markets.
But his
own company is less important. Regardless of what Medved is
doing for his enterprises, he spends a lot of time–too much
time, his investors complain–preaching about the Israeli
economy. On every trip abroad, Medved lugs a portable laptop and
projector loaded with a memorable slide presentation chronicling
the accomplishments of the Israeli tech scene, In speeches–and
conversations with anyone who will listen–Medved celebrates all
the Israel landmark “exists” in which companies were bought or
went public, and catalogs dozens of “made in Israel”
technologies.
Alex
Vieux, CEO of Red Herring magazine, told us that he has been to
“a million high tech conferences, on multiple continents. I see
Israelis like Medved give presentations all the time, alongside
their peers from other countries. The others are always making a
pitch for their specific companies. The Israelis are always
making a pitch for Israel.”
This article was
edited from “Start-Up Nation: the Story of Israel’s Economic
Miracle” written by Dan Seno and Saul Singer, published by
McClelland & Stewart.
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Click here to download two
key
reports on Thailand. Both are prepared by the Market Research
Centre and the Canadian Trade Commissioner Service.
One report focuses on the
Medical
device industry in Thailand.
The other report elaborates on the
HealthCare situation in Thailand.
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