Research On Patent Infringement Of Generic Drugs

A large number of patented drugs to the end of the protection of the pharmaceutical market ushered in the "patent cliff" period, the generics industry began to develop rapidly.The patentee in order to ensure their monopoly position in the pharmaceutical industry, have begun to take measures to curb the development of generic drug companies.By means of the establishment of the patent, submarine patents, patent compensation system of regulation and the preparation method of an application for a patent for the practice to generic pharmaceutical enterprises are facing unprecedented risks. Once the negligence will fall into the whirlpool of infringement.Generic drug patent infringement after being sued for copyright infringement by active defense, patent invalidation, puts the recognition of non infringement action and respond to a reconciliation and a series of measures.But because our legal system is not perfect, some provisions of the provisions are not clear and specific, to the smooth settlement of the infringement dispute caused a lot of obstacles,This is very detrimental to the development of our country's generic drug industry.This article through to the imitation pharmaceutical enterprise in the production and sales process of infringement risk, in the infringement lawsuit in the coping strategies and related systems to improve the three major direction of the infringement of the related issues of imitation And puts forward the corresponding improvement measures, so as to make a comprehensive response to the infringement of the fake pharmaceutical enterprises.