The Wait That Never Needed to Happen — Rule 36(3) Has No Two-Year Marketing Requirement
The Two-Year Myth — Why Manufacturers Are Waiting Unnecessarily Before Filing Their India Import Licence Application By Ankur Khare — Biomedical Engineer | Regulatory Affairs Specialist | Founder, MedReg Intel There is a piece of advice circulating in Indian MedTech regulatory circles that is costing manufacturers months — sometimes years — of unnecessary delay. The advice sounds reasonable. It is delivered confidently. It is repeated by experienced practitioners who genuinely believe it is correct. It is wrong. The advice is this: before filing your MD-14 import licence application in India under the free sale certificate pathway, your device needs to have been marketed in the reference country for at least two years. Manufacturers hear this and wait. They wait through their first year of EU or US marketing. They wait through their second year. They file their India application in year three — two years after they could have filed. Two years of Indian market access lost. Two y...