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Published on: December 11, 2016
When everyone is an orphan: against adopting a U.S.-styled orphan drug policy in Canada
1Health Law Institute, Faculties of Medicine and Law, Dalhousie University, Halifax, Nova Scotia, Canada. Matthew.Herder@Dal.ca
Abstract:
Putting aside whether diseases that affect only small numbers of people ("rare diseases") should be prioritized over diseases that are otherwise orphaned, in this article I argue that a new approach to rare, orphan diseases is needed. The current model, first signaled by the United States' Orphan Drug Act and subsequently emulated by several other jurisdictions, relies on a set of open-ended criteria and market-based incentives in order to define and encourage drug therapies for rare, orphan diseases. Given a) the biopharmaceutical industries' growing interest in orphan diseases, b) progress in the sphere of personalized medicines enabling more and more common diseases to be reclassified as rare, and c) empirical evidence suggesting that the most orphan drugs target only a limited, lucrative subset of rare diseases, I argue that Canada, which recently announced plans to develop its own "orphan drug framework" should not follow the United States' orphan drug model.
Insights
A new approach to rare and orphan diseases is necessary. Current market-based incentives, like the US Orphan Drug Act, are insufficient and should not be emulated by Canada.
Area of Science:
- Health Policy
- Pharmacoeconomics
- Drug Development
Background:
- The existing framework for rare and orphan diseases, exemplified by the US Orphan Drug Act, utilizes broad criteria and market incentives.
- This model has been adopted by other countries, shaping drug development for rare conditions.
- Concerns exist regarding the equitable development of therapies for all rare diseases.
Purpose of the Study:
- To argue for a novel approach to rare and orphan diseases.
- To critically evaluate the current US-centric orphan drug model.
- To advise against Canada adopting the US model for its developing orphan drug framework.
Main Methods:
- Critical analysis of the current orphan drug framework.
- Examination of industry trends and personalized medicine advancements.
- Review of empirical evidence on orphan drug market focus.
Main Results:
- The biopharmaceutical industry shows increasing interest in orphan diseases.
- Personalized medicine is leading to the reclassification of common diseases as rare.
- Empirical data indicates that orphan drugs often target a narrow, profitable segment of rare diseases.
Conclusions:
- The current US orphan drug model is inadequate for addressing the full spectrum of rare diseases.
- Canada should not replicate the US model due to its limitations and potential for inequitable drug development.
- A new, more comprehensive framework is essential for rare and orphan diseases.
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