§ 316.27 - Change in ownership of orphan-drug designation.

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A sponsor may transfer ownership of or any beneficial interest in the orphan-drug designation of a drug to a new sponsor. At the time of the transfer, the new and former owners are required to submit the following information to FDA:

The former owner or assignor of rights shall submit a letter or other document that states that all or some rights to the orphan-drug designation of the drug have been transferred to the new owner or assignee and that a complete copy of the request for orphan-drug designation, including any amendments to the request, supplements to the granted request, and correspondence relevant to the orphan-drug designation, has been provided to the new owner or assignee.

The new owner or assignee of rights shall submit a statement accepting orphan-drug designation and a letter or other document containing the following:

The date that the change in ownership or assignment of rights is effective;

A statement that the new owner has a complete copy of the request for orphan-drug designation including any amendments to the request, supplements to the granted request, and correspondence relevant to the orphan-drug designation; and

A specific description of the rights that have been assigned and those that have been reserved. This may be satisfied by the submission of either a list of rights assigned and reserved or copies of all relevant agreements between assignors and assignees; and

The name and address of a new primary contact person or resident agent.

No sponsor may relieve itself of responsibilities under the Orphan Drug Act or under this part by assigning rights to another person without:

Assuring that the sponsor or the assignee will carry out such responsibilities; or

Obtaining prior permission from FDA.