The Journal of Intellectual Property (J Intellect Property; JIP)

KCI Indexed
OPEN ACCESS, PEER REVIEWED

pISSN 1975-5945
eISSN 2733-8487

Legal Research on Improving the Pharmaceutical Patent Term Extension System for Entering an Aging Society

CONTENTS

Research article

Citation: Nam KY, Park JI, 2024. Legal Research on Improving the Pharmaceutical Patent Term Extension System for Entering an Aging Society. The Journal of Intellectual Property 19(3), 21-40.

DOI: https://doi.org/10.34122/jip.2024.19.3.2

The Journal of Intellectual Property, 2024 September, 19(3): 21-40. 

Received on 15 July 2024, Revised on 12 August 2024, Accepted on 3 September 2024, Published on 30 September 2024.

Legal Research on Improving the Pharmaceutical Patent Term Extension System for Entering an Aging Society

Ki Yeon Nam1, Jeong In Park2*

1Professor of Law, Dankook University, Republic of Korea
2Research Professor, Department of Science and Technology Policy Convergence, Dankook University Graduate School, Republic of Korea

*Corresponding Author: Park Jeong In (meinpeace@naver.com)

Abstract

The Republic of Korea is currently in a situation where reform is inevitable due to the cumulative deficit in medical insurance, and in an era where the aging population will reach 9.5 million in 2023, the prices of medicines that are most closely related to people’s lives are not unrelated to the patent system, and the “duration period of pharmaceutical patents” The “extension system” has a direct causal relationship with the national burden of the medical insurance system.

In this paper, we examine the current problems of the “pharmaceutical patent duration extension system” and suggest ways to improve the system as a change, while also proposing a system in the direction of protecting the interests of domestic pharmaceutical companies and maintaining the legal system at a global level.

Keywords

Pharmaceutical patent term extension system, Aging population, Cumulative deficit in medical insurance, Drug price determination system, Patent law

Funding

The author received manuscript fees for this article from Korea Institute of Intellectual Property.

Conflicts of interest

No potential conflict of interest relevant to this article was reported.