A Study On Patent Infringement Of Generic Drugs

Many of protection of patented drugs will expire soon. These factors create greatopportunities for the generics industry around the globe. Original drug means patentexpired drugs. Generic drugs are drugs with respect to the Original drug. Thebioequiavailability of Generic drugs are the same as Original drug. Generic drugs can besold after government’s approval, when the patented drugs expires. Generic drugs have thehigh quality and inexpensive attractive and reasonably priced The price of Generic drugsis1/10to1/4of the original drug, which have the same Indications and outcomes.System and policy have been established by Governments to support generics marketdevelopment, when the patented drugs expires. It is very common that Drug patent holdershave misused the patent rights to limit generic drugs problems in the meantime. Chinaappeared a lot of Drug patent infringement cases,which Become the bottleneck of thedevelopment of generic drugs industry in China. It is Making life difficult for genericsindustry development in our country.Drug patentee often not only apply for an isolated essential patents of drugs, butaround the basic patent indications have continued to apply for some crystal type or classof peripheral patents, build into the transverse and longitudinal staggered "patent network", to protect their own original medicine intellectual property rights. In addition, in orderto avoid patent retrieval,the Drug patentee deliberately use rare word or differenttranslation in China, which is Creating barriers to generics companies patent retrieval; Dueto patent protection has regional, generics companies also need to search exportdestination countries special patent system carefully.Although Generic drugs are "big cakes", the interests of rich, but there is a hugepotential risk. Generics companies may fall into the trap of patent infringement. Taking acautious and careful strategy is discussed detailed in the third chapter of this thesis, whengeneric companies received the patentee’s warning or accused of infringement. Enemy andknow yourself first, then select the appropriate justification, proactive, even confirm no infringement lawsuits to eliminate the adverse effect, safeguard the legitimate rights andinterests of oneself.By changing the related system and policy to encourage the development of genericdrugs industry in our country, in2001increased to modify the patent law as not infringethe patent situation, in2009increased to "Bolar exception" at article69the fifth items. Inthe current situation, our country should continue to support the development of genericdrugs industry, should be paid on the system and policy encouragement, reduce genericspatent infringement lawsuit, avoid unnecessary waste of resources, enable generic drugs tohigh quality, high speed in production and sales, for the people to contribute to lower itscost. To the generics companies in China on intellectual property rights strategy, putsforward some constructive Suggestions, pay attention to the authorization of generic andsecondary research and development, production of highly generic drugs, even breakthrough the original drug patents, with the original drug company to cross licensing.At present, China’s companies of generic drugs are still in its infancy to enter themainstream market. How to choose the product? How to avoid lawsuits? How to win acertain case? Will be in the next few years have to deal with problems. This article mainlyaims at our country generics companies generic drug patent infringement defense strategyand generic drug patent infringement coping strategies, at the same time, from the nationalcubic and generics companies own intellectual property rights strategy two angles ofgeneric drugs to promote enterprise’s future development put forward some constructiveSuggestions.