In the early settlement mechanism for drug patent disputes,the holder of the drug marketing authorization is obliged to en-sure the completeness and accuracy of the registered drug patent information.If the holder of the drug marketing authorization abuses the procedure of drug patent information registration in a dominant market position,it may constitute the violation of antitrsut law and needs to be regulated by antitrsut laws.The specialized agency for antitrsut law enforcement can regulate the registration of drug patent information,and the generic pharmaceutical company can initiate antitrust civil litigation to exclude or correct erroneous patent infor-mation.The subjective intention of the pharmaceutical patent holder can be an constitutive elements of an abuse of monopoly status,and it is necessary to prevent the improper expansion of the scope of the patent right for drug patent information registration.The hold-er of the drug marketing authorization shall bear legal responsibility for modifying or deleting the erroneously registered drug patent in-formation,as well as for compensating damages to the generic pharmaceutical company.
关键词
药品专利/早期解决/信息登记/反垄断/损害赔偿
Key words
drug patent/early settlement/information registration/antitrsut/damages
维普
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