Analysis of Disputed Cases of Intellectual Property Rights as a Supply Risk of Generic Medicines

Abstract

Although the importance of generic medicines has been increasing in recent years, knowledge about related intellectual property rights disputes is scarce, so the purpose of this study is to analyze disputed cases of intellectual property rights as a supply risk of generic medicines. With 57 analyzed cases, the right to seek injunction was accepted in 4 cases, but provisional execution was not accepted. Furthermore the right to seek injunction was actually executed in only 1 case. Therefore, there were disputed cases of intellectual property rights as a supply risk of generic medicines, but it was suggested that the risk is restricted.