The Regulations For Pharmaceutical Patent Reverse Payment Agreements In Antitrust Law

In this paper, pharmaceutical patents reverse payment agreement for the study, as the principle of reasonable perspective to construct a reasonable illegality identified path for research purposes, the ultimate end result for the explore Antitrust pharmaceutical patent reverse payment agreements Regulation problem.The article discusses the main line is: Patent Analysis medicine reverse payment connotation, background and status of the agreement, noting that conflicts of interest exist in its legal application, antitrust regulations and the need argument; to focus on how to regulate anti-monopoly law, analysis Select the considerations and basic principles of illegality identified, and then put forward a sound pharmaceutical patents reverse payment agreement antitrust regulations specific recommendations.This artical is composed of introduction, Body and conclusion, in which the body is divided into five chapters:The first chapter is a basic description of the pharmaceutical patent reverse payment agreements. The section through a typical case study illustrates the reverse payment agreements pharmaceutical patents basic meaning, the legal nature; and to analyze the causes and pharmaceutical patents reverse payment agreements generated background, including legal background and industry background.This chapter is the basis of the study are, for the later expansion to do the groundwork.The second chapter is the necessity of antitrust regulations of pharmaceutical patents reverse payment agreements. This section focuses on the law applicable to the settlement of intellectual property law or antitrust law. On both theory and practice, pharmaceutical patents reverse payment agreement requires antitrust law Regulation.The third chapter is the reverse payment agreements pharmaceutical patent illegality identified principles. The focus of this section is to demonstrate the basic principles of choice, by the per se rule, patent exclusive right to test the principle of,reasonable principles, and ultimately established a reasonable principle is Suitable for.The fourth chapter is pharmaceutical patent reverse payment agreement illegality identified considerations. This part is based on a detailed analysis on the application of the principle of reasonable combination of economic analysis means from internal and external two dimensions to analyze the behavior of the illegal nature of confirmation consideration factors, internal considerations include the purpose of the agreement, in the form, scale, agreed time of entry; external considerations include the degree of competition in the relevant market and the body position in the market. Finally, the various internal and external factors into consideration, weighing the positive competitive effects of the behavior and anti-competitive effects to the final confirmation that the pharmaceutical patent reverse payment agreement is a violation of the provisions of the antitrust laws.The fifth chapter is the perfect proposal part. This part is the end result of the article, put forward a sound recommendation from the legislative, executive and judicial aspects. On legislative proposals as soon as possible abuse of intellectual property rights enforcement guidelines, will conduct systematic abuse of intellectual property rights and patent medicine reverse payment agreements into the guidelines range; law enforcement to ensure the independence of law enforcement body, standardization of professional law enforcement actions; perfect justice accountability mechanisms, including the introduction of private litigation and punitive damages system.