Antitrust Regulation Of Reverse Payment Agreements For Generic Drug

As a country with a large population in the world,the use of generic drugs is related to the development of China’s medical security system and public health.At present,China is gradually moving from a pharmaceutical country to a pharmaceutical power,in this process,generic drug-related problems are also gradually derived,among many problems,the reverse payment agreement of generic drugs is particularly worthy of attention.Reverse payment agreement is a kind of settlement agreement in which the generic drug promises not to challenge or delay entering the market in the patent dispute between the original drug and the generic drug,and the party of the original drug gives high interest compensation as consideration,which is called reverse because it is contrary to the general patent infringer paying infringement fees to the right holder,so it is called a reverse payment agreement.The conclusion of such utilization agreements may have the effect of eliminating and restricting competition,but patent law has its own limitations in regulating this issue.Therefore,taking into account the actual conditions and practical necessity of China,this paper identifies the reverse payment agreement as a monopoly agreement that should be regulated by the Anti-Monopoly Law through the background,nature and harmfulness of the occurrence of reverse payment agreement,and at the same time draws on the existing jurisprudence experience outside the region to make suggestions for the future and future regulation of reverse payment agreement in China,so as to promote the development of China’s medical and public health undertakings.