시부트라민 관련된 의약품 특허분쟁에 대한 고찰

Pharmaceutical patents as a part of intellectual property rights have been considered to be important issues inthe pharmaceutical industry. This article deals with a patent law dispute between Hanmi pharmaceutical and Abbott companyfor sibutramine related drugs; a dispute as to whether a modified sibutramine salt developed by Hanmi pharmaceutical mayinfringe the use realm of Abbott's patent for the original sibutramine salt of Reductil. The main point of the law dispute wasthe difference of structure and properties between sibutramine hydrochloride monohydrate of Abbott and sibutramine methylsulfonatehemihydrate of Hanmi company. The court of Korea had to deal with the substantial identity of invention abouttwo compounds between Abbott and Hanmi company. The Patent Court uphold Hanmi pharmaceutical company because ofthe non-identity of sibutramine methylsulfonate hemihydrate of Hanmi company, based on several evidences showing differencesin physicochemical properties unlike the specification of Abbott's use patent. Finally, in November 2006, the PatentCourt sentenced this patent dispute with a victory for Hanmi pharmaceutical company. The final judgement of the PatentCourt shows legal essential guidelines for the approval of the development of new modified drugs in domestic pharmaceuticalcompanies. Also, it is expected that the law case of this patent dispute will be useful for the direction of research and developmentof new drugs.