Paolo Farah, Piercarlo Rossi, National Energy Policies and Energy Security in the Context of Climate Change and Global Environmental Risks: A Theoretical Framework for Reconciling Domestic and International Law through a Multiscalar and Multilevel Approach

Paolo Farah, Piercarlo Rossi, National Energy Policies and Energy Security in the Context of Climate Change and Global Environmental Risks: A Theoretical  Framework for Reconciling Domestic and International Law through a Multiscalar and Multilevel Approach, European Energy and Environmental Law Review (EEELR), Volume 20, issue 6, 2011

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The Implementation of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) in China

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Paolo Farah, Elena Cima, The Implementation of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) in China, 2 Tsinghua China Law Review 2, Spring 2010, pp. 317-351. ISSN: 2151-8904.

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1679999

Abstract:     

The Trade-Related Aspects of Intellectual Property Rights (TRIPs) is one of the multilateral treaties adopted at the end of the Uruguay Round in 1994. The Agreement establishes the requirements that the laws of the member states must meet in order to protect intellectual property in all its forms: copyright, patents, trademarks, geographical indications, industrial design. The agreement represents an attempt to overcome the differences in the way member states protect IPRs, in order to bring them under common international rules. Chinese Government adopted Patent, Copyright and Trademark Laws, and joined the main intellectual property international conventions. None of these, though, can be compared, as far as completeness, orderliness and far-reaching consequences are concerned, to the TRIPS agreement, which China has now to deal with, after its accession to the WTO

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Five Years of China’s WTO Membership. EU and US Perspectives about China’s Compliance with Transparency Commitments and the Transitional Review Mechanism

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Paolo Farah, Five Years of China’s WTO Membership. EU and US Perspectives about China’s Compliance with Transparency Commitments and the Transitional Review Mechanism, Legal Issues of Economic Integration, Kluwer Law International, Volume 33, Number 3, pp. 263-304, 2006. ISSN: 1566-6573

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=916768

Abstract:    China’s accession to the WTO represents a goal achieved after nearly fifteen years of exhausting negotiations. However, many legal, political and social problems have not yet been tackled in terms of achieving real implementation of WTO provisions throughout the territory of the People’s Republic of China. The Protocol requires a general and deep application of transparency, which will radically influence and change the Chinese legal system. There are a wide range of transparency related problems such as the formal publication of laws and regulations, procedural fairness in decision-making, the judicial review and the non-discrimination principle. The special precautionary instrument, the Transitional Review Mechanism (TRM), was included in the Protocol of China’s Accession to the WTO, as requested by the US and supported by the EU. The TRM has the objective of monitoring and enforcement of implementation of WTO commitments, promoting transparency and the exchange of information in trade relations with China. Bilateral engagements and multilateral forums are both essential to bring China into full compliance with its WTO commitments.

Keywords: China, WTO, TRM, Transitional Review Mechanism, TPRM, Protocol, Transparency, Compliance, Implementation, Europe, European Union, EU, trade, monitoring, bilateral, multilateral

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L’adesione della Cina all’OMC: ovvero come concilare cultura e diritto

Paolo Farah, L’adesione della Cina all’OMC: ovvero come concilare cultura e diritto (China Accession to the WTO: How to Conciliate Culture and Law), Rivista Trimestrale Mondo Cinese, Sezione Economia e Diritto, N. 124, Luglio-Settembre 2005, pp. 34-42. ISSN 0390-2811.

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http://papers.ssrn.com/sol3/papers.cfm?abstract_id=924730

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