• Title/Summary/Keyword: free trade agreement

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Drug Approval-Patent Linkage Systems in the US and Canada (미국과 캐나다의 의약품 허가-특허 연계제도)

  • Park, Sylvia
    • Journal of Pharmaceutical Investigation
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    • v.38 no.3
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    • pp.207-215
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    • 2008
  • Drug approval-patent linkage is the practice of linking drug marketing approval to the patent status of the originator's product and not allowing the grant of marketing approval to any third party prior to the expiration of the patent term unless by consent of the patent owner. Article 18.9.5 of Korea-US Free Trade Agreement requires that Korea introduce the linkage system in drug marketing approval. However, Korea is unfamiliar with the linkage system. In addition, there have been lots of arguments over the impacts of this system on Korean pharmaceutical industry and pharmaceutical market in the future. This report investigated the linkage systems of the US and Canada. The US and Canada have implemented drug approval-patent linkage system since 1984 and 1993, respectively. Both countries have patent lists for drug approvalpatent linkage on which originators are required to list patents on substance, product, and use of their drugs. Generic or follow-on drug applicants must contain a certification regarding each patent listed that relates to the referenced drug. If the patent holder files suit for patent infringement within 45 days of notice of application, drug approval is not allowed for several months - 30 months in the US and 24 months in Canada. Both countries have amended their systems after having experienced unexpected results such as listing improper and additional patents, multiple patent litigations and delayed generic entries. After reviewing the US and Canada's experiences, we suggested three principles needed in implementing the system: protecting patent holder's right; promoting generic drug development and marketing; monitoring the process and the effect of the system.

A Study on the Cognition of Farming Group Organization and Participational Behavior Types Shown in the Fruit Nursery Tree Growing Region : Centered on the Case of Gyeongsan Fruit Nursery Growers Association (과수묘목재배지역의 영농조직에 대한 인식과 참여행태 -경상북도 경산시 경산과수종묘연합회를 사례로-)

  • Woo, Jong-Hyeon
    • Journal of the Korean association of regional geographers
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    • v.13 no.5
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    • pp.495-508
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    • 2007
  • This study pays attention to the organization of local-level farming group, which has been recognized as a solution to the problems of agriculture and rural area with their crisis deepened by the coming of FTA. More specifically, this study analyzed each farming household's understanding of the farming group organization of fruit nursery tree growing region, and their participational behavior types. As a result, it is revealed that the organization of farming group oriented to enhance its competence must aim to realize its economic benefits rather than to maintain the social relationship among the members of organization. Also it has to orient itself not to abstract causes but to more concrete and practical objects. In addition, the farming group must be organized based on the identity of growing farm product, and in respect of the reliability among the members, there must be a proper level of control that makes the internal control and the harmonious interaction among the members to be possible.

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A Comparative Study on the Qualifications and Challenge of Arbitrator in Commercial Arbitration (상사중재에서 중재인의 자격 및 기피에 관한 비교연구)

  • Lee, Kang-Bin
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.36
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    • pp.111-140
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    • 2007
  • This paper intends to review the qualifications of arbitrator, the disclosure of disqualifications by arbitrator, the challenge grounds of arbitrator, and the challenge procedure of arbitrator under the arbitration laws and rules. There are no provisions for the qualification of arbitrator in the UNCITRAL Model Law on International Commercial Arbitration. Under the UNCITRAL Model Law on person shall be precluded by reason of his nationality from acting as an arbitrators. Under the UNCITRAL Model Law when a person is approached in connection with his possible appointment as an arbitrator, he shall disclose any circumstances likely to give rise to justifiable doubts as to his impartiality or independence. An arbitrator, from the time of his appointment and throughout the arbitral proceedings, shall without delay disclose any such circumstances to the parties. Under the UNCITRAL Model Law an arbitrator may be challenged only if circumstances exist that give rise to justifiable doubts as to his impartiality or independence, or if he does not possess qualifications agreed to by the parties. Under the UNCITRAL Model Law the parties are free to agree on a procedure for challenge an arbitrator. Failing such agreement, a party who intends to challenge an arbitrator shall send a written statement of the reasons for the challenge to the arbitral tribunal within 15 days after becoming aware of the constitution of the arbitral tribunal or any circumstance that give rise to justifiable doubts as to his impartiality or independence. Unless the challenged arbitrator withdraws from his office or the other party agrees to the challenge, the arbitral tribunal shall decide on the challenge. In conclusion, an arbitrator has a responsibility not only to the parties but also to the process of arbitration, and must observe high standards of conduct so that the integrity and must observe high standards of conduct so that the integrity and fairness of the process will be preserved.

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An Analysis of Research Trend on Risk Management in FTA (리스크관리 측면에서 FTA 연구동향 분석)

  • LIM, Mok-Sam;CHOI, Mi-Soo
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.78
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    • pp.119-143
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    • 2018
  • This research aims to review every important academic research on risk management in FTA and to suggest a future area for further research. This research area seems to focus on conceptual study or fact finding rather than on theory development or empirical research on causal relationship or theory testing. The National Assembly Digital Library analyzed the results of 3,576 researches on thesis and journals fromthe results of the FTA. Research on FTA is analyzed in four major themes. First, there have been previous studies on business performance such as FTA export performance and economic effect. Second, analyzed the effects of FTA in product and service. The products are classified into agricultural, marine products, manufacturing, textiles and clothing, medicinal pharmaceuticals, cosmetics, and others. Services are classified into educational and cultural contents, service industry and financial industry. Third, research on the risk management of FTA Origin is broadly classified into the use of country of origin and the verification of origin, and the use of origin includes the study of rules of origin and systems of origin and management. Origin verification was divided into origin verification and origin risk management. Fourth, study on the conclusion area of the FTA, studies were conducted on areas such as Korea-US FTA, Korea-China FTA, Korea-EU FTA, Korea-Japan FTA, Korea-Chile FTA, and Korea-ASEAN FTA. Search results through the FTA, focused on analyzing the FTA area and concept research by research purpose. In addition, research methods are mainly focused on documentary survey, and research areas are concentrated on specific countries such as China and USA. This implies a necessity for a future development in that research area. Other areas for future research may include case research on actual failures in FTA, proactive risk management strategy, and integrated risk management for export companies. Risk management in FTA may help investment expansion, and that is why research on the issue matters.

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A Study on the Development Prospects of Building Construction Productivity through Construction Status Analysis (건설업 실태분석을 통한 건설업생산성의 발전전망에 관한 연구)

  • Park, Hong Tae;Jeon, Jun Tai;Lee, Yang Kyu
    • Journal of the Society of Disaster Information
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    • v.8 no.3
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    • pp.242-257
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    • 2012
  • Korea's population change trend is the aging and feminization as Reduction in mortality, average life extension. and is further increased Reduction of birth rate and aging population. if Our country concluded FTA(Free Trade Agreement) with the United States, Europe and China etc. labor-intensive industries will be the decline. Then, the construction workers' jobs are continually reduced. This is critical to the nation's economic, social and environmental influences due to Shortage of construction workforce and increasing labor costs. Eventually this is a major factor in reduced construction productivity. Therefore, this study is presented as a construction productivity development prospects on the value-added analysis per Labour productivity employee from Construction market trends, industry-specific productivity index, industry trends Employed, age tiered workforce trends, women's workforce trends, labor time trend, foreign workers, workforce trends, analysis of trends in construction contract, awarded by Company Size trends, construction management analysis index.

The Analysis on the Change of Behaviors of Exchange Rate between Two Countries related to FTA and the Prospects (FTA체결 전.후의 환율행태 변화 분석과 전망)

  • Khoe, Kyung-Il;Sul, Won-Sik
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.10 no.5
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    • pp.1043-1051
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    • 2009
  • This study intends to discuss the influence on behaviors of won/dollar exchange rate after a FTA between Korea and US come into effect. The change of behaviors of won/dollar exchange rate has been looked into concerning other countries who have signed a FTA pact with the US, and these examples were compared with that of Korea so as to find similarities and differences. As a result of analyses, behaviors of exchange rate between FTA-pact countries were showed differently. Volatility and risk premium somewhat decreased after the FTA took effect except for Chile. As for Chile, showing intense volatility, foreign exchange risk premium rather increased. It can be concluded that the relationship between volatility and risk premium of individual exchange rate is established and FTA can influence change of these behaviors of exchange rate depending on the situation of individual country. This study will contribute to offer informations to Korea trading companies related to IT that will have to prepare for the uncertainties of change of exchange rate due to FTA between Korea and US.

Perception of Traditional Medical Doctors on Policy Issues in Korea: Cooperation with Western Medicine, and the Demand and Supply of Practitioners

  • Huang, Dae Sun;Shin, Hyeun-Kyoo
    • The Journal of Korean Medicine
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    • v.33 no.4
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    • pp.17-25
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    • 2012
  • Objectives: This study was conducted to explore the contemporary perception of traditional Korean medical doctors (TKMDs) on traditional Korean medicine (TKM) policies and issues. Methods: A questionnaire that included traditional medicine policy- and treatment-related issues was sent to 130 TKM medical centers and 4,300 TKM local clinical offices in Korea, and received responses from total 648 TKMDs in 122 TKM medical centers and 465 TKM local clinical offices. Results: Of the responding TKMDs, 40% believed that unification of Western and traditional medicines would benefit both modes of medical treatment, 67.6% were against allowing Chinese doctor certification to be effective in Korea through the Korea-China FTA (Free Trade Agreement), and 57.8% believed that the number of TKMDs should be reduced. We also found that 46.1% of TKMDs believed that more lectures on Western medicine would be needed in schools of TKM. Moreover, 87.5% of respondents regarded medical knowledge as necessary for treatment, and 49.4% believed National Certification Commission for Acupuncture and Traditional Medicine (NCCAOM) would be not necessary. TKMDs regarded governmental efforts as more vital than education in schools or individual efforts for enhancement of the traditional medical care market in Korea. To efficiently provide the advantages of complementary CAM, such as cost and safety, detailed research is required when policy is made. Conclusions: The TKM industry must implement policies how the relationship with Western medicine can be better defined under the current dual medical system. On the issue of human resources, more research will be needed on the current policy, which serves to maintain the status quo by blocking the importation of Chinese practitioners and by reducing the number of new practitioners.

Estimating Armington Substitution Elasticity between Domestic and Imported Wood Products in Korea (목제품 시장에서 국산품과 수입품의 아밍턴 대체 탄성치 추정)

  • Min, Kyung-Taek
    • Journal of Korean Society of Forest Science
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    • v.104 no.2
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    • pp.254-260
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    • 2015
  • This paper assesses the tariff reduction on imported wood products that will have impact on the demand for domestic wood products in South Korea, by estimating the Armington substitution elasticities based on the assumption that they are imperfect substitutes. Results indicate that domestic and foreign wood products are far from perfect substitutes to each other. The substitution elasticities in plywood and fiberboard appeared to be high, implying that tariff reduction may have negative effects on those industries. On the contrary, imported and domestic particleboard showed a low substitution elasticity. The decline of fiberboard industry may lead to the decline in forestry since fiberboard is produced mainly by thinned woods supplied from domestic forests. Therefore, effective countermeasures to enhance the competitiveness of wood products industry are needed to cope with the market opening.

Multi-group Competitive Dynamics Modeling and Analysis between Major Automakers in Korean Automobile Market (한국 자동차 시장 내 주요 기업간 다집단 경쟁 다이나믹스 모델링 및 분석)

  • Song, Young Han;Kim, Young;Jung, Gisun;Kim, Yun Bae
    • Journal of the Korea Society for Simulation
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    • v.29 no.4
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    • pp.55-64
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    • 2020
  • Since the European Union-South Korea Free Trade Agreement entered into force in 2011, the Korean automobile market has grown rapidly, resulting in intensifying competition among companies in the market. European automakers gained price competitiveness, which intensified competition with Korean automakers. In such a situation, various studies on the Korean automobile market have been conducted, but studies such as market influencing factor analysis and consumer analysis have mainly been conducted, and there is no research on the analysis of competitive dynamics in the market. In this study, the competitive dynamics between Hyundai Motors, Kia Motors, Mercedes-Benz, and BMW, which are major automakers in the Korean automobile market, are analyzed. The competitive relationship between major automakers are modeled using the Lotka-Volterra (LV) model and the competitive dynamics over time are analyzed by applying the Moving Window. In order to explain the competitive dynamics effectively, we analyze it by subdividing it based on various influencing factors.

Impact of shiitake mushroom (Lentinula edodes) spawn imports on fresh shiitake mushroom import volumes -Focus on the Korea-China FTA- (표고버섯 접종배지 수입이 신선 표고버섯 수입량 변화에 미친 영향 -한중 FTA를 중심으로-)

  • Byung-Heon Jung;Dong-Hyun Kim
    • Journal of Mushroom
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    • v.21 no.4
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    • pp.200-208
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    • 2023
  • This study was conducted to investigate the reasons for the decreased importation of fresh Shiitake mushrooms into Korea after implementation of the Korea-China Free Trade Agreement (FTA). Monthly time-series data from January 2009 to December 2022 were analyzed using regression analysis and vector autoregression (VAR) models to determine the relationship between the amounts of fresh and spawn Shiitake mushrooms imported. The analysis revealed that a major reason for the decreased importation of fresh Shiitake mushrooms was an increase in mushroom spawn imports after Korea-China FTA implementation. The same results were obtained from the VAR model analysis. However, in terms of the dynamic changes in amount of fresh shiitake mushrooms imported, it was confirmed that the impact of the change in mushroom spawn imports could increase the amount of Shiitake mushrooms imported.