1. Different EU member states have different attitudes towards drug patent linking system, which makes the unified implementation of drug patent linking system under the unified European patent system face insurmountable objective obstacles.
2. EU has always adhered to a strong protection strategy for drug innovation, and both the experimental data protection system and the supplementary protection certificate system tend to strengthen the protection of innovative drugs.
3. The main purpose of the drug patent linking system is to solve disputes in advance before the generic drugs are listed, and to stop the patent cliff effect caused by the listing of generic drugs that may infringe in time from causing losses to innovative drug enterprises. Once generic drugs are listed, no matter which side wins, it will have an irreversible and significant impact on innovative drugs. By implementing its fast, effective and convenient pre-litigation injunction system, the European Union has achieved the main purpose of the drug patent linking system, which can effectively prevent the listing of generic drugs that may infringe, and enable innovative drug dealers to get relief quickly.