Abstract:
Product hopping behavior in drug industry is an anti-competitive strategy of original research drug companies to delay or hinder generic drug companies from entering the market. This behavior belongs to the monopoly behavior of abuse of intellectual property rights, which has caused anti-monopoly concerns and regulations in many countries outside the region. Among them, the United States is the first country to pay attention to the anti-competitive business strategy of product hopping and regulate it. After the trial of many cases of product hopping behavior, the US judicial authorities have accumulated rich judicial practice experience and built a complete anti-monopoly analysis framework of product jumping behavior in the drug industry. At present, China is in a new round of pharmaceutical reform, on the one hand to encourage drug innovation, on the other hand to ensure the availability of drugs. This will inevitably lead to a conflict between the original research drug companies's encouragement of innovation and the market competition of generic pharmaceutical companies; the future drug industry is very likely to appear product hopping behavior. In view of the fact that the anti-competitive effects caused by product hopping behavior are consistent with the goals of antitrust laws and regulations, China should build an anti-monopoly regulation framework suitable for the country's drug industry product hopping behavior from the perspective of anti-monopoly law regulation.