On My Country's Anti-monopoly Regulation Of Reverse Payment Agreement

Conflicts and contests between the intellectual property and public interest have a long history.As a "legal monopoly",on the one hand,the intellectual property system protects the intellectual creation of rights holders,and further encourages innovation by making it exclusive to obtain the expected benefits,thereby promoting the development of science and technology and overall social progress;but on the other hand,with the continuous evolution of society,over-protection has gradually deviated from the original intention of the intellectual property system,a phenomenon of abusing rights has occurred,and the public interest has been harmed.The cancellation of the protection of intellectual property rights has led to a lack of innovation for rights holders motivation,in the long run,is also not conducive to national industrial development and social public welfare.Therefore,the institutional exploration and theoretical research of coordinating and balancing intellectual property and public interests have practical significance in various countries in different periods.The pharmaceutical industry is an important industry related to the national economy and the people's livelihood.Patent protection is crucial for drug research and development.Reverse payment agreements are the epitome of the struggle between intellectual property and public interest in the pharmaceutical field.In the settlement agreement reached by the generic drug company,the patent drug company paid a certain amount to the generic drug company in exchange for its commitment of not entering the market to compete within a certain period of time,Being called"reverse" is due to the right holder transfers the value to the accused infringer.The academic community holds different opinions on whether it is proper behavior of patentee's protecting their patent right or an antitrust behavior that endangers market competition.The reverse payment agreement is a direct product of the US patent law on drugs.At present,there are cases in which foreign patent drug companies have filed malicious suits against Chinese pharmaceutical companies to hinder their market competition.As China encourages drug innovation and promotes generic drugs,With the development of policies,domestic pharmaceutical companies are likely to become the target of foreign pharmaceutical companies to sign reverse payment agreements.Therefore,it is necessary to discuss reverse payment agreements in this context.This article is composed of introduction,main text and conclusion.In the part of introduction,to arouse people's awareness about the real problem of the contests between patented medicines and generic drugs in the pharmaceutical field,I quote the sensational case of "Medical Knight" Lu Yong.The analysis of the current situation of China's pharmaceutical industry shows that the regulation of reverse payment has practical significance in our country.Furthermore,the innovation points of this article will be put forward by summarizing the research status of home and abroad.The first chapter summarizes the basic problems of reverse payment agreement,defines the legal nature of reverse payment from different angles,and affirms its rationality,but also limits competition to a certain extent.The second chapter analyzes the status of reverse payment agreements in China's laws,and discusses the deficiencies in response to reverse payments from the three perspectives of the newly revised Drug Administration Law,Patent Law and Antitrust Law.The third chapter summarizes the foreign judicial supervision experience of reverse payment agreements,and uses the principles applicable to the regulation of reverse payment agreements as a clue to sort out the development of relevant judicial practice in the United States.Remarking the EU's regulatory framework and typical cases about reverse payment agreements.Learn from them and put the experience suitable for China's judicial practice into use.The fourth chapter is based on China's national conditions,combined with relevant foreign experience,and clarifies the principles that China believes that reverse payment agreements should be applied.From the perspective of antitrust law,from the aspects of legislation,judicature,law enforcement,etc.,it proposes perfect suggestions based on actual deficiencies.In an effort to build a legal system for reviewing reverse payment agreements from multiple perspectives.