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KMID : 1170320140200020021
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Korean Journal of Health Economics and Policy
2014 Volume.20 No. 2 p.21 ~ p.48
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Prediction of the Effect of the Korea-United States FTA on the Reimbursement and Price of Prescription Drugs: Based on Australia-US FTA
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Son Kyung-Bok
Lee Tae-Jin
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Abstract
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This study analyzed Australia-United States Free Trade Agreement (AUSFTA) and Korea-United States Free Trade Agreement (KORUSFTA) focusing on medicines and medicines related intellectual property provisions. Also this study analyzed AUSFTA’s empirical case which came into force in 2005. Alteration of reference pricing by the amendments of the National Health Act in 2007 was the most effective factor that influenced the price of prescription drugs in Australia. Although AUSFTA didn``t include reference pricing directly, provisions of agreement changed reference pricing indirectly through the amendment of the National Health Act. In the price of prescription drug, innovation provisions can be used as rhetoric so it can change current policy or system indirectly. To resolve uncertainty in interpretation of innovation, we need to identify innovation in detail in our current law system. Also it is reasonable to worry about increased legal action against patent infringement and its negative effect on the generic pharmaceutical industry. So how to make patent linkage related law and policy may be the most important factor that can influence the effect of the patent linkage in Korea.
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KEYWORD
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FTA, KORUSFTA, AUSFTA, Innovation, Patent linkage, Data exclusivity
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