Study On Anti Monopoly Law Regulation Of Reverse Payment Agreement In Drug Patent

The drug patent reverse payment agreement is a situation in which innovative drugs and generic drugs are difficult to avoid in a competitive and gaming environment.We cannot expect the patentee to give up the monopoly benefits that he can obtain for the public interest.The root cause of the agreement is the flaws in the patent system itself.Although it originated in the US pharmaceutical industry,it does not only appear in this country.In other countries,other industries will also have such agreements under certain conditions.China is currently constructing a drug patent link system.With the advent of the patent cliff period worldwide,drug patent reverse payment agreements will also appear frequently in China.The patent law and the anti-monopoly law must take a two-pronged approach to jointly regulate the drug patent reverse payment agreement.In order to maintain fair trade and protect public interests,the anti-monopoly law introduces the anti-monopoly law into the regulation of reverse payment agreements,which can better ensure the fairness of the drug competition market,maintain the stability of drug prices,and prevent patent drug companies.The monopoly on drug prices not only maintains the normal competitive order in the pharmaceutical market,but also protects the rights and interests of consumers.Based on the analysis of the practice of overseas regulatory drug patent reverse payment agreement,this paper puts forward suggestions on how to deal with drug patent reverse payment agreement.At the law enforcement level,the patent litigation settlement agreement filing system should be established.At the judicial level,the court needs to first examine the validity of patents involved in the drug patent reverse payment agreement.If the patent is invalid,it should use its own illegal principle to judge.Whether it is illegal or not,if the patent is valid or partially invalid,it uses reasonable principles to judge whether it violates the anti-monopoly law,and further proposes relevant factors and trial ideas that the court should consider when applying reasonable principles.