Recently the Korean Fair Trade
Commission (KFTC) requested pharmaceutical companies to submit information
including patent license contracts and patent litigations or disputes. It was
to scrutinise fair trade practices in pharmaceutical industry.
Korea has implemented the
Patent Marketing Approval Linkage system over 2 years since March 15, 2015. There
was a dramatic increase in the number of patent disputes filed between original
drug manufacturers and generics.
KFTC will look into any
changes in pharmaceutical companies' IP practices after the patent MA linkage
system. Particularly KFTC will review any settlement agreements or other
business arrangements that may have been entered into as a result of such IP
disputes.
KFTC may further
investigate specific companies based on the information and materials that have
been submitted. On the other hand, if KFTC may conduct an ex parte raid on the
responding company, in case KFTC decide it is necessary to investigate a particular
suspicious case.
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