This work considers international cooperation or harmonization in patent law and analyzes the two main international patent law governance institutions: the World Intellectual Property Organization (WIPO) and the World Trade Organization (WTO). A welfarist approach is adopted, proposing that international patent law should improve global welfare, subject to assumptions that the preferences of the world population are heterogeneous, that governments try to maximize the welfare of their citizens, and that international legal organization faces collective action problems. Normatively desirable patent law harmonization reconciles strong reasons for preserving diversity (including the static and dynamic satisfaction of local preferences and adapting to unpredictable change) with strong reasons for cooperation (reducing duplication in patent prosecution, and reconciling imbalanced national externalities, incentives to innovation and costs). The last reason leads to a system of national treatment and minimum standards. The risks presented by the skewed nature of invention are addressed in the international patent system through a form of regional insurance. These reasons for cooperation present two linked but separable collective action problems, supporting the existence of two international institutions to govern patent cooperation. WIPO is best positioned to address duplication in patent prosecution. The WTO is best positioned to address imbalanced national externalities, incentives and costs. However, both the WIPO and the WTO are needed to provide a comprehensive international governance system. Questions about the WTO dispute resolution system, the TRIPs Council, and the WTO’s legitimacy are addressed by advocating a trade stakeholders’ model. Whether international patent law should be seen as a multilateral obligation or a nexus of bilateral obligations is explored. Given diverse national preferences and high uncertainty surrounding the welfare effects of specific patent policies, the process of harmonization is inevitably a political process. This political aspect directly connects the topic of patent law harmonization with the institutional analysis of WIPO and the WTO. The implementation of welfare-enhancing patent law cooperation is best guarded by a process with a wide range of political inputs and transparency. Ultimately, only good international governance can deliver on the potential of the international patent system to promote international innovation, economic growth and world-wide prosperity.

This work considers international cooperation or harmonization in patent law and analyzes the two main international patent law governance institutions: the World Intellectual Property Organization (WIPO) and the World Trade Organization (WTO). A welfarist approach is adopted, proposing that international patent law should improve global welfare, subject to assumptions that the preferences of the world population are heterogeneous, that governments try to maximize the welfare of their citizens, and that international legal organization faces collective action problems. Normatively desirable patent law harmonization reconciles strong reasons for preserving diversity (including the static and dynamic satisfaction of local preferences and adapting to unpredictable change) with strong reasons for cooperation (reducing duplication in patent prosecution, and reconciling imbalanced national externalities, incentives to innovation and costs). The last reason leads to a system of national treatment and minimum standards. The risks presented by the skewed nature of invention are addressed in the international patent system through a form of regional insurance. These reasons for cooperation present two linked but separable collective action problems, supporting the existence of two international institutions to govern patent cooperation. WIPO is best positioned to address duplication in patent prosecution. The WTO is best positioned to address imbalanced national externalities, incentives and costs. However, both the WIPO and the WTO are needed to provide a comprehensive international governance system. Questions about the WTO dispute resolution system, the TRIPs Council, and the WTO’s legitimacy are addressed by advocating a trade stakeholders’ model. Whether international patent law should be seen as a multilateral obligation or a nexus of bilateral obligations is explored. Given diverse national preferences and high uncertainty surrounding the welfare effects of specific patent policies, the process of harmonization is inevitably a political process. This political aspect directly connects the topic of patent law harmonization with the institutional analysis of WIPO and the WTO. The implementation of welfare-enhancing patent law cooperation is best guarded by a process with a wide range of political inputs and transparency. Ultimately, only good international governance can deliver on the potential of the international patent system to promote international innovation, economic growth and world-wide prosperity.

Denna uppsats har för avsikt att närmare undersöka hur ursprungsregler inom det multilaterala handelssystemet är utformade, hur de tillämpas och om de kan tänkas användas på ett protektionistisk eller diskriminerande sätt och därför utgöra handelshinder. Det har under arbetets gång visat sig att det finns belägg för att ursprungsreglerna är mycket komplexa och svårhanterliga i många avseenden och att de administrativa procedurerna kring ursprungsregler är kunskapskrävande, tidskrävande och kostsamma. Att länder själva ges möjligheten att utforma ursprungsregler medför också risker för att reglerna används på ett protektionistiskt sätt även om de länder som antagit WTO:s avtal om ursprungsregler underkastat sig att respektera och följa de grundläggande riktlinjer och principer som avtalet om ursprungsregler bygger på. Att reglerna kan sägas vara diskriminerande har också mycket att göra med komplexiteten på regelverken i fråga och i många avseenden drabbas utvecklingsländerna till stor utsträckning som enligt studier lider viss brist på expertis inom området och som därför också har svårt att göra sin röst hörd vid förhandlingar kring ursprungsregler.

This paper was applied on the methods of ¡§Interactive Management¡]IM¡^ and Nominal Group Technique¡]NGT¡^¡¨. According to the NGT twice meetings, there are 10 strategies that can improve the development of Kaohsiung City. The APROC plan was authorized by the Executive Yuan on June, 1995. Kaohsiung city government was assigned to renew urban land at Kaohsiung Multi-functional Commerce & Trade Park first on June, 1996. From the study, the researcher realizes the advantages of importance, background and exploitation problem. Landlords, investors and Kaohsiung city government accorded in this exploitation plan or not that are based on understanding, negotiation and communication. Meanwhile, it was hard to break out in Three Links which have made investors lack of confidence. It makes many obstacles in improving the development of Kaohsiung city after Cross-strait in accession to the WTO. Therefore, it is necessary to explore moreover. This paper has utilized literary reviews about Kaohsiung Multi-functional Commerce & Trade Park and interviews to collect data.¡@According to the report about ¡§Cross-strait in WTO¡¨, it is also helpful to understand the pro. Eventually, these suggestions from our study, sincerely hope, could be useful in formulating the strategies and regulations of Kaohsiung city government.

After its accession to the WTO, under the open market for agricultural products and reducing domestic support, Taiwan needs to import brown rice of at least 144,000 metric tons, following the rule of minimum access in order to meet the requirements¡¦ of the WTO. To protect farmer¡¦s interest and agriculturalecology, the Taiwan government continues to implement paddy land utilization adjustment policy and price guarantee policy, which sustains government supplement to rice but it fails to reach the good of price stability in the market. This means all related policies still have room for improvement. In recent years, new rounds of negotiation for agriculture under the WTO framework have begun and, due to the pressure of negotiation, it is unavoidable to implement import tariff for rice. Thus, Taiwan¡¦s agricultural sectors are under the threat of a collapse, and to maintain the development of rice farming industry under the WTO regulations will be a very important issue. Also, the government should take more aggressive and prospective measures to overcome the current difficulties of the rice industry. This paper will explore rice policies in Taiwan and propose on improvement with consideration for a long term agricultural policy. Taiwan implements paddy land utilization adjustment policy for the preparation of tariff systems. Although this will meet the WTO regulation in the short term, it would experience risks and challenge, in the future. Currently, alternative plans are not available and what is suggested in this paper basically follows the American FSRIA and Japanese rice stability policies to reach a balance between government and farmers under the WTO regulation, trying to eliminate market intervention and reduce government¡¦s financial burden. With the decline of rice price and rent, the rice industry will develop towards a large scale of management and rice competitiveness will be upgraded, which will then increase farmer¡¦s revenue even when subsidies are reduced.

After China¡¦s entering WTO structure, there was no boundary in retailing industry from November, 2004. It not only changed operating rules, but also aroused many M&A events. Because we cannot get information about China freely, we have few ideas about this issue. Based on this phenomenon, the focus of the research is to realize the M&A development in China retailing industry with the cautiously growing up in China. This research can be divided into three parts: the structure of the theory, the development of retailing industry and M&A in China, and induce the M&A practical process of the case. Through relevant theories, we can verify whether these theories are suitable for the KSFs and motivations in the retailing industry. Meanwhile, we can present the overview and background of M&A styles and cases in China, and generalize the M&A practical process through formal or informal interviews with related executives. At last, with the viewpoint of M&A practical process, we address practical suggestions to the government, the companies which want to make an M&A move, and the case. The purpose of this research is to picture the environment of China retailing industry and M&A processes from the case ¡§TESCO merged HY-mall¡¨. By generalizing from the total environment to the case, we can understand the details when making an M&A in China retailing industry.

ABSTRACT On Nov.11, 2001, Taiwan obtained the accession of World Trade Organization and became a formal member of WTO on Jan 1st of 2002. As a member of WTO, Taiwan has equal rights to participate in the setting of global trade rules as well as sharing the benefits of liberalization. In the meantime, Taiwan must fulfill its WTO commitments completely, whether resulting from its bilateral and multilateral negotiations or from its standard WTO obligations. The accession to WTO means to Taiwan a big impact on all aspects of its general economics, people¡¦s everyday living as well as industrial policies. After 35 years of development, Export Processing Zone (EPZ) has emerged from focusing on traditional labor-intensive industry to capital and technical intensive industry then to global logistic type of industry. Facing the impact of WTO, the need to make next transition is becoming even more urgent now. In an effort to upgrade the industry and strengthen the competence of the country, the government has assigned another responsibility on EPZ by expanding its range of function from pure manufacturing to high value-added economics activities like Off-Territory Shipment Center, Logistics Center, Software Design Center, etc. Mainland China obtained its WTO membership same time as Taiwan. They are leveraging their fast economic development and huge market potential to attract foreign and Taiwanese investments. Hence we can not exclude the influence of Mainland China while trying to discuss the WTO impacts on EPZ and how EPZ can face the big change of economic environment. This study has set following three topics: 1. The impact on EPZ as a result of Taiwan¡¦s accession to WTO. 2. What is the outlook of EPZ¡¦s new positioning. 3. Suggestions to the government, EPZ Administrations and Companies inside and outside of EPZ. This study will firstly make a brief review on both WTO and EPZ. Then explore the impacts, as well as the opportunities and threats, of WTO on both the industries in Taiwan and in EPZ. Then we will study the two major directions of EPZ¡¦s new positioning: (1) New developments as a result of new economic relationship between Taiwan and Mainland China, this includes Off-Territory Shipment Center, a base for China¡¦s companies to enter Taiwan, and the ¡§deep processing¡¨ that utilizes the advantage of integrating operations across the Taiwan Strait, and (2) New developments as a result of the expanding of EPZ¡¦s new service function, that includes R&D center, headquarter for off-shore Taiwanese companies, International Trade Companies, center for specific industry cluster and logistic center, etc. Based on the results of this study, we have made suggestions to the government, the EPZ Administration and companies inside and outside EPZ. The suggestions to the Government are: Try to form Free Trade Zone with Asia-Pacific countries and also form a ¡§Greater China Free Trade Zone¡¨ with Mainland China and Hong Kong under the condition that the political disputes are settled. Also to promote business opportunities in the developing countries by utilizing Taiwan¡¦s strengths of manufacturing and technology. Regarding the suggestions to the EPZ Administration and companies inside and outside EPZ, the suggestions are all regarding how EPZ can strengthen their service and improve the investment environment, and how companies are to fully utilize these EPZ improvements. The conclusion of this study shows following four items: 1. The accession of Taiwan to WTO is not only a crisis for EPZ, but also an opportunity. 2. EPZ has built up sound infrastructure and set the direction for its new positioning to face this challenge. 3. Whether the new positioning is fulfilled and new investment poured in will decide if the next phase transition of EPZ is successful or not. 4. EPZ acted as the pilot model for Taiwan¡¦s economic success 35 years ago, we are hoping it acts one more time the same model for Taiwan¡¦s next economic re-form.

Abstract Taiwan Tobacco and Wine Board Logistics Division¡¦s response strategies to Taiwan¡¦s entry into the World Trade Organization -from an integrated view of resource-base, resource-dependence, and network theories. The three theories including resource-base, resource-dependence, and network stress how companies obtain competitive advantage from inside to outside of the company. The synergy coming from integrating all three theories should further strengthen a corporation¡¦s competitiveness. After Taiwan¡¦s entry into the World Trade Organization, the tobacco and wine industry in Taiwan have faced fierce competition from new competitors. This poses both as a threat and as an opportunity for Taiwan Tobacco and Wine Board¡¦s Logistics Division. Through the analysis of the aforementioned three theories, this paper hopes to gain insight into how much competitive edge the Board has in terms of its advantages and disadvantages, its interdependence and relationship within the tobacco and wine industry as well as with other industries. Thus this paper hopes to combine and integrate the Division¡¦s external and internal resources and then make response strategies and policy suggestions accordingly. The results of this research include: 1. Products, price, distribution and sales channels, assets, and the competence of Taiwan Tobacco and Wine Board Logistics Division were all greatly affected by Taiwan¡¦s entry into the WTO. 2. Both assets and competences are considered as the company¡¦s internal resources. Advantages should be further made use of where disadvantages should be taken care of. 3. The Board¡¦s Logistics Division is currently most closely related to the tobacco and brewage factories under the same company. However, this relationship will be looser in the future due to the competition and the struggle to survive both entities face. On the other hand, the Logistics Division¡¦s relationship with transport companies, retailers, hypermarkets, convenience stores will be closer through investment, franchise, or partnerships. Its relationship with private sector manufacturers, domestic and oversea agents, cross-industry suppliers, distributors will also become much closer. 4. The Board¡¦s dependence on factories under the same company will decrease from highly dependent to a much lower degree ; its dependence on private sector manufacturers and domestic and oversea agents (who imports products from overseas after entry into the WTO) will grow from nil to highly dependent (dependence on importers already importing products before entry into WTO will decrease from an already meager degree to much less); dependence on cross-industry suppliers and distributors will become higher from a previously low degree; dependence on transport companies, retailers, hypermarkets and convenience stores will also become much higher from an already close relationship. 5. The Logistics Division should, after Taiwan¡¦s entry into the WTO, start from developing its internal advantages and disadvantages and search for ways to establish external links, as well as reducing its dependence on external sources. The three essential elements including resource-base, resource-dependence, and networks should be integrated through complement of resources, natural production, and increased interdependence. This and together with other strategies including diversification, strategic alliances, cooperating within the industry and across industries both domestically and internationally, should all be taken into account in the drawing up of response strategies in order to create competitive advantage for the Division. In view of these findings, this paper proceeds to make the following recommendations: 1. Increase retailer margins and encourage a more diversified range of promotional tactics. 2. Develop high-value products and improve package design. 3. Leverage existing advantages in distribution and sales channels and engage in the agency, distribution, and diversification into non-tobacco and nonalcoholic products. 4. Cut down distribution and sales channels and strengthen direct sales channels. 5. Intensify logistics and distributional functions. 6. Strengthen employees¡¦ professional knowledge and competence and improve information systems. 7. Accelerate the expansion of overseas markets, especially mainland China. 8. Speed up the company¡¦s privatization process. Based on an integrated view of resource-base, resource-dependence, and network theories, this paper presents a brief overview of how Taiwan Tobacco and Wine Board¡¦s Logistics Division¡¦s relationships with other companies in the same industry as well as cross-industry alliances had been affected post Taiwan¡¦s WTO entry. In view of these changes that have taken place, this paper also proceeds to make a few suggestions with regard to how the Logistics Division could respond to the challenges it now faces. Key Words¡G WTO¡AResource-base¡AResource-dependence¡ANetwork Theory¡AIntegrate

¡@Recently, with the speedy pace of upcoming WTO negotiation, import tariff imposed on rice become inevitable. Thus, agriculture in Taiwan has been trapped by the depression atmosphere caused by WTO negotiation. How to make rice industry in Taiwan enjoy a clear business climate and bring with revival development opportunities under globalization is really a critical issue worthy of our concern. ¡@¡@This research is not only aimed to insightfully understand the impact on rice industries in Taiwan after WTO entry but also intended to explore whether the promoted agriculture policies can reach profit goals set by farmers, enhance the competence of local rice and establish marketing outlets under open rice markets. Thus, this research is designed with questionnaires based on SWOT analysis structures. Also, through questionnaire surveys and in-depth interview on farmers and personnel from farmers' association, it is aimed to delineate what impact and challenge (menace) will affect local rice industries after Taiwan's WTO entry. Also, the possible breakthrough opportunities and development to improve the competence of local rice products, together with insightful knowledge on the advantages of natural environment and human culture conditions on Kaohsiung and Pingtung regions are also explored. ¡@¡@Research results indicate that aging farmers show less cognition to advantages, disadvantages and opportunities than that of younger farmers. The employees' cognition to advantages and disadvantages from farmers' associations is stronger than that of amateur or professional farmers. The respondents in Pingtung regions show stronger cognition to advantages and disadvantages to that of respondents on Kaohsiung regions. Higher-educated farmers show stronger cognition to opportunities. Families with higher income show stronger cognition to disadvantages. Finally, based on results from questionnaire surveys and in-depth interview, the suggestion is proposed to solve the possible influential issues on rice industries after Taiwan's WTO entry. It is expected through this research; the issues from the stakeholders in rice industries can be clearly highlighted with beneficial reference for governmental agencies, farmers and scholars to put forward production and marketing strategies in rice industries under WTO.

Trade facilitating is a necessary trend for economic globalization. With the raising degree of global free trade, the needs for reducing and eliminating barriers of goods and factors, simplified trade procedure, and efficiency are becoming more notable. Establishing a high-performance trade system is the most important factor to the trade regime and the increase of international trade. Therefore, the studying of reinforcing trade facilitating is becoming increasingly important. This studying focusing on interests brought by trade facilitating to China and the Chinese custom`s policy and mechanism to improve it. Besides, this essay is trying to describe the situation from both theoretical and practical levels. The research finds out that trade facilitating is not only chances but also challenges to Mainland China. Chinese custom learns from developed countries and intensifies reform and abilities, to combine risk manage and custom clearance and to apply modern information technique for improving efficiency, so that Chinese custom can reach the requirements of trade facilitating. Out of reasons, like, small economic basis, relatively weak infrastructure, shortage of capital, and primitive, low manage thought and technique, China has its achievements only in the first stage. There is a gap between China and West countries. The reform and mechanism adopted by custom of People Republic of China is a kind of reference to custom of Republic of China. Further, this essay suggests that customs in cross-strait should set up a channel or reach a administrative arrangement to share custom information, to improve trade facilitating, and, in the end, to realize the goal of global free trade.