Anti-monopoly Research On Drug Patent Reverse Payment Protocol

The main problem studied in this paper is in the field of rapidly developing drugs.According to the patent rights,patent pharmaceutical enterprises abuse intellectual property rights to reach a monopoly agreement.They extend the patent protection period and postpone the legal listing time of generic drugs by signing an agreement with generic pharmaceutical enterprises.This agreement is called reverse payment agreement of pharmaceutical patents.By comparing which principle is used to judge the illegality of the reverse payment agreement for pharmaceutical patents in the United States and what legal provisions are made for the agreement in the United States,this paper studies which theoretical principles should be selected when facing this problem in China,explores the causes and effects of the reverse payment agreement for pharmaceutical patents,and what needs to be done in terms of legislation and law enforcement.Perfection.This paper is divided into three parts,the main body of which is the core and key to the whole thesis.The first part is the analysis of the basic characteristics and legal basis of drug patents,through the elaboration of the concept and connotation of reverse payment agreement of drug patents in the sense of anti-monopoly law,the legal analysis of the nature of the agreement.The nature of the agreement determines what kind of social impact it will have,which leads to the problems that need to be solved in the reverse payment agreement of drug patents,and judges whether the anti-monopoly law should be adopted when regulating the reverse payment agreement of drugs.The second part focuses on the current situation of China’s pharmaceutical industry,including exploring the scope of China’s laws and regulations on drugs,and the practical difficulties of pharmaceutical enterprises.What are the provisions of these laws and regulations on reverse payment agreement of drug patents,and what are the shortcomings of these laws and regulations?This is a discussion on this issue at the legislative level.Secondly,we should study the current situation of drug market development in China and whether there is a reverse payment agreement for drug patents,or whether there is a possibility that the agreement will appear.Based on the production situation of Chinese phannaceutical enterprises,especially the generic pharmaceutical enterprises,this paper studies the possibility and operation space of the reverse payment agreement of pharmaceutical patents,and discusses the legal necessity of the agreement requiring the regulation of anti-monopoly law.The third part is to discuss the history and legislation of the reverse payment agreement of drug patents in the United States.By analyzing the classic cases of reverse payment agreement of drug patents in the United States,this paper expounds what kind of judgment principle should be adopted in China to demonstrate whether the reverse payment agreement of drug patents has illegal factors.This part mainly reviews the cases in the field of drug patents in the United States,analyzes the reasons for the change of the judgment principles chosen by the court in adjudicating cases,and provides some reference for China’s anti-monopoly law enforcement and justice.The fourth part is a summary of the whole paper,combing the above discussion,combining with China’s national conditions,respectively,from a multi perspective,multi-agent,put forward constructive suggestions on the prevention and regulation of reverse payment agreements for pharmaceutical patents.Specifically,from the legislative level,law enforcement level,talent team building level,enterprise innovation ability level and other suggestions,including continuing to revise and improve the anti-monopoly law,determining the principles applicable to the determination of illegality,establishing a professional law enforcement team,determining the reasons for exemption and accountability system,and improving the innovation ability of the enterprise itself.The conclusion of this paper is to summarize and summarize the main content of this article,and to echo the argument of this article,that is to say,it is necessary to regulate and govern the reverse payment agreement of pharmaceutical patents signed by patent pharmaceutical enterprises and generic pharmaceutical enterprises in the anti-monopoly law.