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Council to pass the revision

Lawful redemption to recollect additional profits

Leslie Chang ( 다른기사보기 

2015-03-17 오전 11:15 페이스북 트윗터 목록 보기 프린트

There will be a legal way for the government to get a redemption from the profit made by the original patent holder P.Cs in case the P.Cs lost the patent lawsuit.

The Ministry of Health and Welfare has announced that the partial revision of the legislation of "National Health Insurance Act" had passed on the Cabinet council meeting on 17th March.

As the revision passed, there will be a legal basis for the government to re-collect a significant amount of loss that could prevent stopping the leak of the budget by the current insurance Act.

The revision is applied to the system of the approval and patent as a consequence of the Korea-US FTA agreement.

Currently, the original drug price gets down to 70% in case of the generic is entered the market. Regardless of the patent infringement, the Health Insurance Corporation should pay up the original price of the drug for the 9 months period of time if the generic drug is prohibited to enter the market.

However, the revision is to allow the corporation to re-collect the over-paid amount during the time in case of the original P.Cs lost the lawsuit over the generics.

The revision also contains the way to re-collect the amount from the manufacturer when they ran against the law or for wrong-doings that after all causes an extra leak from the corporation budget for the insurance.
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