Reverse Payment Agreement for India

Reverse Payment Agreement Template for India

A Reverse Payment Agreement, governed by Indian law, is a specialized settlement agreement between a pharmaceutical patent holder and a generic drug manufacturer. The agreement typically involves the patent holder making payments to the generic manufacturer in exchange for delaying market entry of a generic version of a patented drug. These agreements must carefully navigate Indian competition law, particularly the Competition Act, 2002, while also complying with pharmaceutical regulations and patent law. The document includes detailed provisions for payment terms, market entry dates, and regulatory compliance mechanisms to ensure the arrangement's legality and enforceability.

Your data doesn't train Genie's AI

You keep IP ownership of your information

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Download a Standard Template

4.6 / 5
4.8 / 5
Access for free
OR

Alternatively: Run an advanced review of an existing
Reverse Payment Agreement

Let Genie AI's market-leading legal AI identify missing terms, unusual language, compliance issues and more - in just seconds.
Upload your Doc

What is a Reverse Payment Agreement?

The Reverse Payment Agreement serves as a settlement mechanism in pharmaceutical patent disputes under Indian law, typically arising when a generic manufacturer challenges a patent holder's rights. This document type has gained significance in India's pharmaceutical sector, where balancing innovation protection with market competition is crucial. The agreement details the terms under which a patent holder compensates a generic manufacturer to delay market entry, including specific entry dates, payment structures, and compliance mechanisms. It must carefully address requirements under the Competition Act, 2002, Patents Act, 1970, and relevant pharmaceutical regulations. These agreements are particularly scrutinized by the Competition Commission of India and require careful drafting to ensure they don't constitute anti-competitive practices while protecting legitimate business interests.

What sections should be included in a Reverse Payment Agreement?

1. Parties: Identification of the patent holder and generic manufacturer, including their registered addresses and company details

2. Background: Context of the patent dispute, reference to pending litigation if any, and intention to settle

3. Definitions: Definitions of key terms including the Patent, Products, Territory, and Entry Date

4. Settlement Terms: Core terms of settlement including withdrawal of litigation and mutual releases

5. Payment Provisions: Details of reverse payments, including amount, timing, and method of payment

6. Entry Date Provisions: Specified date when generic manufacturer can enter the market and related conditions

7. Non-Challenge Provisions: Generic manufacturer's commitment not to challenge the patent validity

8. Regulatory Compliance: Provisions ensuring compliance with competition laws and other regulatory requirements

9. Confidentiality: Terms regarding confidentiality of agreement terms and exceptions for regulatory disclosure

10. Term and Termination: Duration of the agreement and circumstances for termination

11. Representations and Warranties: Standard representations including authority to enter agreement and patent ownership

12. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes

13. General Provisions: Standard boilerplate clauses including notices, amendments, and severability

What sections are optional to include in a Reverse Payment Agreement?

1. Supply Arrangements: Used when the agreement includes provisions for the patent holder to supply the generic manufacturer with the product

2. Technology Transfer: Included when technical information or know-how transfer is part of the agreement

3. Alternative Dispute Resolution: Optional mediation or arbitration provisions for dispute resolution

4. Marketing Authorization: Included when dealing with regulatory approvals and marketing authorization transfer

5. Territory Restrictions: Used when the agreement covers multiple territories with different entry dates

6. Additional Products: Included when the agreement covers multiple products or patent families

7. Competition Law Compliance: Detailed provisions for ensuring compliance with competition laws, particularly relevant for high-value settlements

What schedules should be included in a Reverse Payment Agreement?

1. Schedule 1 - Patent Details: Detailed description of the patent(s) including patent numbers and claims

2. Schedule 2 - Product Specifications: Technical specifications of the pharmaceutical products covered

3. Schedule 3 - Payment Schedule: Detailed breakdown of payment amounts, dates, and conditions

4. Schedule 4 - Entry Dates by Territory: If applicable, table of different market entry dates for different territories

5. Schedule 5 - Regulatory Filings: List of relevant regulatory approvals and their status

6. Appendix A - Form of Press Release: Template for agreed public announcements regarding the settlement

7. Appendix B - Compliance Certificate: Template for periodic compliance certifications

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

India

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Pharmaceuticals

Healthcare

Biotechnology

Life Sciences

Chemical Manufacturing

Healthcare Technology

Relevant Teams

Legal

Intellectual Property

Regulatory Affairs

Business Development

Finance

Compliance

Research & Development

Commercial Operations

Corporate Strategy

Government Relations

Relevant Roles

Chief Executive Officer

Chief Legal Officer

Head of Patents

Intellectual Property Director

General Counsel

Chief Commercial Officer

Regulatory Affairs Director

Business Development Director

Chief Financial Officer

Competition Law Counsel

Patent Attorney

Corporate Counsel

Compliance Officer

Head of Research & Development

Commercial Director

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

Find the exact document you need

Pre Possession Agreement

An Indian legal document governing temporary property possession before final sale completion, establishing rights and obligations of both parties under Indian real estate laws.

find out more

Settlement Agreement (Real Estate)

An Indian law-compliant Settlement Agreement template for resolving real estate disputes and finalizing property transactions, incorporating key provisions under Indian property laws.

find out more

Settlement Agreement After Dismissal

An Indian law-governed agreement documenting the final settlement terms between employer and employee following employment termination.

find out more

Retrenchment Settlement Agreement

An Indian law-compliant agreement documenting terms of employment termination and settlement during workforce reduction, including compensation and mutual releases.

find out more

Accident Settlement Agreement

An Indian law-compliant agreement that documents the final settlement terms and compensation between parties involved in an accident.

find out more

Labour Settlement Agreement

An Indian law-governed agreement that documents the full and final settlement of employment-related disputes between employer and employee(s), including compensation terms and mutual releases.

find out more

Full And Final Release Settlement

An Indian law-governed agreement that provides a complete and final settlement of all claims and disputes between parties, including comprehensive releases and settlement terms.

find out more

Wage Settlement Agreement

An Indian law-compliant agreement that formalizes wage-related terms and conditions between management and workers/unions, detailing compensation structures and benefits.

find out more

Mutual Settlement Agreement

An Indian law-governed agreement documenting mutually agreed terms to resolve disputes between parties, including settlement terms and releases.

find out more

Labor Settlement Agreement

An Indian law-governed agreement documenting the full and final settlement of employment-related claims and obligations between employer and employee.

find out more

Tripartite Settlement Agreement

An Indian law-governed agreement that establishes legally binding settlement terms and obligations between three parties, providing a framework for dispute resolution or mutual arrangements.

find out more

Settlement Agreement Payment Terms

An Indian law-governed agreement specifying payment terms and conditions for settling financial obligations between parties, including payment schedules and compliance requirements.

find out more

Settlement Agreement Between Landlord And Tenant

An Indian law-governed agreement that documents settlement terms between landlord and tenant, resolving disputes or facilitating lease termination.

find out more

Property Agreement Divorce

An Indian law-compliant agreement outlining the division of property and assets between divorcing spouses, requiring court approval and registration.

find out more

Good Settlement Agreement

An Indian law-governed agreement that resolves disputes or formalizes arrangements related to goods transactions between parties.

find out more

Contract Settlement Agreement

A legally binding agreement under Indian law that documents the settlement terms between parties, resolving disputes or modifying existing contractual relationships.

find out more

Compromise Agreement Payment

An Indian law-governed agreement documenting settlement payment terms and mutual releases between employer and employee for employment termination or dispute resolution.

find out more

Binding Settlement Agreement

A legally binding agreement under Indian law that documents the final settlement of disputes between parties, including terms, conditions, and mutual obligations.

find out more

Marriage Settlement Agreement

An Indian legal document establishing property and financial arrangements between spouses, governed by both secular and applicable personal laws.

find out more

Inheritance Settlement Agreement

A legal agreement under Indian law that formalizes the distribution of inherited assets and properties among beneficiaries, ensuring clear asset allocation and dispute prevention.

find out more

Divorce Property Division Agreement

An Indian law-governed agreement documenting the division of matrimonial property between divorcing spouses, detailing distribution of assets and liabilities.

find out more

Amicable Settlement Agreement

An Indian law-governed agreement documenting the mutually agreed terms of dispute resolution between parties, including settlement terms, releases, and obligations.

find out more

Partial Divorce Agreement

An interim legal agreement under Indian law that establishes temporary arrangements between separating spouses during pending divorce proceedings.

find out more

Non Payment Of Settlement Agreement

An Indian law-governed agreement addressing default under a previous settlement agreement, establishing new payment terms and obligations.

find out more

Case Settlement Agreement

An Indian law-governed agreement documenting settlement terms between disputing parties, including releases and obligations for resolving legal proceedings.

find out more

Accident Agreement Between Two Parties

An Indian jurisdiction agreement that formalizes settlement terms and obligations between two parties following an accident, including liability and compensation details.

find out more

Uncontested Divorce Property Settlement Agreement

An Indian law-compliant agreement detailing mutually agreed property division and settlement terms between divorcing spouses.

find out more

Personal Injury Settlement Agreement

An Indian law-compliant agreement documenting the settlement terms and mutual obligations between parties in a personal injury case, including compensation details and release of claims.

find out more

Employee Conflict Resolution Agreement

An India-compliant agreement establishing formal procedures for resolving workplace conflicts and disputes, aligned with Indian labor laws and dispute resolution mechanisms.

find out more

Compromise And Release Agreement

An Indian law-governed agreement that documents settlement terms and mutual releases between parties, providing final resolution of claims and disputes.

find out more

Funeral Agreement Settlement

An Indian law-governed agreement outlining terms and conditions for funeral services, including preparation, transportation, and final disposition arrangements.

find out more

Release And Settlement

An Indian law-governed agreement that documents dispute resolution terms and releases claims between parties, providing a legally binding settlement framework.

find out more

Divorce Decree Property Settlement Agreement

An Indian legal document detailing property division between divorcing spouses, compliant with Indian matrimonial and property laws.

find out more

Land Dispute Settlement Agreement

A legal document under Indian law that formalizes the settlement terms between parties involved in a land dispute, including property rights, obligations, and consideration.

find out more

Settlement Release And Indemnity Agreement

An Indian law-governed agreement that combines settlement terms, release provisions, and indemnification obligations to resolve disputes and protect parties from future claims.

find out more

Subrogation Settlement Agreement

An Indian law-governed agreement that settles subrogation rights between insurers, insured parties, and third parties, finalizing insurance claim recoveries.

find out more

Resignation Settlement Agreement

An Indian law-governed agreement that formalizes employee resignation terms and final settlement of all employment-related matters between employer and employee.

find out more

Grievance Settlement Agreement

An Indian law-compliant agreement documenting the mutually agreed resolution of workplace grievances between employer and employee(s), including settlement terms and conditions.

find out more

Settlement Agreement Between Employee And Employer

An Indian law-governed agreement documenting employment termination terms and mutual settlement between employer and employee.

find out more

Non Compromise Agreement

An Indian law-governed agreement that formally documents parties' intention to preserve their legal rights and claims without settlement or compromise.

find out more
See more related templates

Genie’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; Genie’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

We are ISO27001 certified, so your data is secure

Organizational security:

You retain IP ownership of your documents and their information

You have full control over your data and who gets to see it

2 Docs LeftAccess Now