关键词: 药品专利, 反向支付协议, 反垄断法, 横向垄断协议

Abstract: Reverse payment agreement for drug patents is a monopoly practice unique in the drug industry, which is common in drug patent infringement lawsuits in the United States. Over the years, U.S. antimonopoly agencies have accumulated rich experiences in regulating reverse payment. The antitrust rule has developed from per se illegal rule to scope of the patent test, to quick look rule, and finally to rule of reason. Despite the gradual antitrust success in the US, the phenomenon of reverse payment spread to Europe. Against this background, we must be prepared to prevent the reverse payment practice that may occur in pharmaceutic industry in China in the future. To do this, we must first have a clear understanding of the anti-monopoly regulation practice against reverse payment agreements in foreign countries, and practice antitrust regulation in the "prohibition+exemption" framework of China's the anti-monopoly legal system.

Key words: drug patents, reverse payment agreement, antitrust law, horizontal monopoly agreement