Appointing a Japan-Based MAH
Due diligence checklist
When selecting a Japan-based Kannin MAH, assess:
Regulatory credentials:
- Does the company hold a valid MAH licence for the relevant device class?
- What is the Responsible Technical Officer's experience and qualification?
- Does the company have experience with the specific device type or therapeutic area?
Operational capability:
- Does the company have the capacity to manage the post-market obligations for your device?
- What GPSP infrastructure does the company have (survey management, data collection)?
- How does the company manage adverse event reporting?
- What languages does the company work in? Can they work in English with your team?
Financial stability:
- How financially stable is the company? MAH licence lapsing due to the Kannin's financial failure is a risk
- What insurance does the company carry?
Contractual terms:
- What are the transition terms if the relationship ends?
- Who controls the dossier and approval documents?
References:
- Can the company provide references from other overseas manufacturer clients?
Key contract provisions
A well-drafted Kannin MAH agreement must specify:
- Information sharing obligations (timelines for manufacturer to notify MAH of adverse events, changes, and overseas regulatory actions)
- Responsibility allocation for each PMD Act obligation
- Data ownership — especially rights to the approval dossier
- Approval transfer obligations on termination (both parties must cooperate in the transfer process)
- Indemnification provisions
- Term, renewal, and termination triggers