[Reporter’s view] Request for suspension of execution

In drug price

The MOHW has announced that it will improve the system so that drug costs paid during the suspension of the enforcement of the drug reduction can be recovered.

 

The plan calls for improvements to numerous revocation litigation and request for suspension of execution.

 

request for suspension of execution in drug prices includes a lawsuit filed by pharmaceutical companies to cancel the reduction after the MOHW announced a reduction in the upper limit of insurance benefits.

 

Pharmaceutical companies request for suspension of execution in the reduction of the drug price until the results of the lawsuit are released.

 

The court accepts the request for suspension of execution.

 

It follows the outcome of Lawsuit on the Merits.

 

Each time the request for suspension of execution is repeated.

 

The court accepts as well.

 

This process takes up to five years.

 

The court cites most of the request for suspension of execution because the outcome of lawsuit on the merits is unclear.

 

So far, the only case in which the application for suspension of execution has been rejected is the case of a reduction in eyedrops.

 

For pharmaceutical companies, the suspension of investment citation is as important as drug price reduction.

 

The drug price maintained during the proceedings is much higher than the cost of the lawsuit.

 

If pharmaceutical products with annual performance of ₩50 billion are subject to a reduction due to the launch of generics, they can keep more than ₩70 billion for five years during the lawsuit.

 

Even if a pharmaceutical company loses at lawsuit on the merits, it already benefits enough.

 

The pharmaceutical industry opposes the government's announcement of system improvement.

 

It is argued that it is unconstitutional for the administration to effectively restrict the rights guaranteed by the judicial system.

 

It is argued that the MOHW should not arbitrarily judge whether pharmaceutical companies abuse the disposition of the reduction of drugs.

 

In April, the Supreme Court sided with the original company in patent suit of Eliquis.

 

Generics were released based on the verdict of the first trial, and the reduction of drug price was taken accordingly.

 

The MOHW is aware of this situation.

 

"We are considering compensation for damages and recovery at the same time.

 

"If it is not systemized, we will consider more ways to respond to the lawsuit results." The pharmaceutical industry should look at why the MOHW is worried.

 

The MOHW believes that there are too many applications for suspension of execution.

 

It is judged that pharmaceutical companies are abusing their rights guaranteed by the judicial system.

 

The pharmaceutical and distribution industries believe that there is a lot of confusion in this process.

 

The MOHW stresses, "So far, the government has never lost in a drug-price lawsuit." The pharmaceutical industry should think about why the MOHW is even reforming the system by limiting its jurisdiction.