시부트라민 관련된 의약품 특허분쟁에 대한 고찰

• 영문명: Consideration of Patent Dispute over Sibutramine Related Drugs
• 발행기관: 대한약학회
• 저자명: 나석주(Seok Ju Na) 김정영(Jung Young Kim) 김광준(Kwang Joon Kim) 이원재(Won jae Lee)
• 간행물 정보: 『약학회지』제61권 제6호(2017년), 335~343쪽, 전체 9쪽
• 주제분류: 의약학 > 기타의약학
• 파일형태: PDF
• 발행일자: 2017.12.30

영문 초록

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

목차

Abstract

서론(Introduction)

연구방법(Research Methods)

결과 및 고찰(Results and Discussion)

결론(Conclusion)

References

키워드

Intellectual Property Right Modified New Drug Patent Dispute Reductil Sibutramine