Anti Monopoly Law Regulation Of Reverse Payment Agreement In Drug Patent

As we all know,Research and development of new drugs is a very complex task that requires a lot of manpower,financial and intellectual, but its returns are very impressive,Successful development of new drugs can bring huge profits for the enterprise.Therefore, pharmaceutical companies will always find ways to protect their patent medicines.In the patent infringement lawsuit, reverse payment agreement is one of the strategy,It is a settlement agreement between the patent drug companies and generic drug companies.Drug Patent reverse payment agreement takes place pharmaceutical industry,Its main content is patent medicine enterprise transferred price or value to generics firms, the essential purpose is to prevent generic drug companies challenge patent medicine enterprises,and delay the generics companies enter pharmaceuticals market,But generic drugs also have certain reward, and they Shared monopoly profits.So reverse payment agreement is not an ordinary civil contract, The agreement may be a monopoly agreement.in addition to,It is the drug patent holder uses the patent to exclude or restrict competition case.Since the reverse payment agreement itself particularity, it involves the interests of competitors,and patent drug companies how to use their patents.In the early,the United States and the European Union think that it is the legitimate exercise their pharmaceutical patent rights performance, but in recent years, the United States and the European Union has been involved in an antitrust investigation of the reverse payment agreements.Reverse payment agreement are diverse, but not every agreement violate the antitrust laws.With the continuous exploration,the agreement for the use of the rule of reason to analyze whether it violates anti monopoly law, only those agreements that negative effect of restricting competition is focused on the content of the AML Regulation.The theoretical basis of the anti-monopoly law regulation reverse payment agreement including competition theory, innovation theory and the theory of consumer rights and interests protection,The anti-monopoly law regulation of drug patents reverse payment protocol principle mainly has itself illegal principle, reasonable principle, patent exclusive test principle.In drug patent reverse payment agreement that we should pay attention to the coordination of patent protection and monopoly control, only in this way, law enforcement agencies will be able to handle reverse payment agreement in practice.Generics play an important role in China’s pharmaceutical market,If reverse payment agreement violate antitrust law,It will effect China’s generic drug companies.In addition to,Anti-monopoly law lack of drug patent legislation about reverse payment agreement,so china should pay attention to the drug patent reverse agreement.therefore,we should improve relevant law in order to regulation reverse payment agreement.