역지불합의에 관한 특허권 남용의 적용

This paper studied Reverse Payment Settlement Agreement in Pharmaceutical Industry. As Korea-US FTA is signed, Approval-Patent Linkage System has been transplanted into our legal system. The topic of Reverse Payment Settlement Agreement has boosted up some important discussion in the recent years. While the FTC (Federal Trade Commission) in the United States thinks Reverse Payment Settlement Agreement is a kind of strong competition threatening in the pharmaceutical industry. The United States courts have rather flexible position in case of specific issues. South Korea has also similar case related to Reverse Payment Settlement Agreement. South Korea Supreme Court regulated it using competition law. As Pharmaceuticals also have the benefit of the public, it is important to find a suitable method in the process of regulate this issue. To reach the proper approach to regulate this issue, not only competition law and patent law can be adapted. Patent law itself relies on patent abuse principle to regulate this. Thus this study suggests 3 reasonable approaches. This paper aims to suggest a reasonable standard to deal with interest of patent owner and public interest.