china law
Lehmanlaw

What is the Government-Set Profit Margins(%) for drug types in China?

Drug Type

Class I

Class II

Class III

Class IV

Class V

Synthetic drug1

 

 

 

 

 

Bulk substance

Not capped

40

25

15

15

Preparation

35

25

18

12

12

Traditional Chinese Medicines2

 

40

25

15

12

Preparation

Not capped

40

25

15

12

Biological drugs3

 

 

 

 

 

Preparation

Not capped

40

30

20

na

Biochemical drugs4

 

 

 

 

 

Bulk substance

Not capped

40

25

15

15

Preparation

35

25

20

15

12

 

Source: China Pharmaceutical Guide

 

1. Synthetic drugs

  • Drugs not included in the classification of new drugs or outside the new drug protective period: 15% for bulk substances; 8% for preparations;
  • Ordinary drugs manufactured by enterprises that have attained the Good Manufacturing Practice (GMP) standard, or have been certified by the Chinese Drug Attestation Committee (CDAC) and acquired a GMP certificate (in the first 3 years): 15% for bulk drug substances; l l % for preparations;
  • Bulk drugs and preparations for drugs that fall within the protective period of patents conferred in the country where discovery took place: 30%. Bulk drugs approved for manufacturing as Class IV new drugs: 30%; their materials: 20%; Drugs outside the protective patent period: same as Class IV new drugs;
  • Drugs used in emergencies, detoxification, cancer treatment, anaesthesia, psychosis, contraception, regional diseases, and other special uses outside the protective period: bulk, 20%; preparations, 15%.

2. Traditional Chinese medicines (TCMs)

  • TCM preparations manufactured by enterprises with GMP accreditation: 23%; certified by CDAC: 15%;
  • TCM preparations produced within the protection period of a patent 20%; those produced outside the patent protective period: 30%;
  • Well?established, branded TCM products should be allowed an appropriate price premium over other drugs in the same category;
  • The profit margin for TCM products for export and tourism is unrestricted.

3. Biological drugs

  • Products that are not included in the new drug classification or outside the protective period for new products: 20%;
  • Ordinary biological products manufactured by enterprises that have attained the GMP standard and have been certified by CDAC and acquired a GMP certificate (in the first 3 years): 23% for hulk drug substances; 15% for preparations;
  • Biological products produced within the protection period of a patent: 35%;
  • Those produced outside the patent protection period: 30%.

4. Biochemical drugs

  • Drugs not included in the classification of new drugs, or outside the new drug protection period: 12% for bulk substances; 8% for preparations;
  • The profit margins of ordinary biochemical drugs, manufactured by enterprises that have reached the GMP standard, have been certified by CDAC, and acquired a GMP certificate (in the first 3 years): 15% for bulk drug substances; 11 % far drug preparations.