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Archive for March, 2011

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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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Paolo Farah, Elena Cima, China’s Participation in the World Trade Organization: Trade in Goods, Services, Intellectual Property Rights and Trasparency Issues, in Aurelio Lopez-Tarruella Martinez (edited), El comercio con China. Oportunidades empresariales, incertidumbres jurídicas, Tirant lo blanch, Valencia (Spain) 2010, pp. 83-121. ISBN: 978-84-8456-981-7

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1527992

Abstract:     
During the negotiations and after the accession China has started a massive process of amendment of its domestic laws and regulations regarding all the sectors covered by WTO rules. As any new member of the WTO, China needed to reform the main sectors of its legislation on: trade in goods, trade in services, trade-related intellectual property rights and to start to deeply apply the more general WTO transparency principle. The paper analyses in particular the TRIPs implementation in China.

Keywords: China, WTO, GATS, GATT, intellectual property rights, market access, agriculture, services, subsidies, technical barriers to trade, financial services, banking services, insurance services, TRIPs, transparency, uniform administration rule, US

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Paolo Farah and Roberto Soprano, Dumping e Anti-dumping, Il Sole 24 Ore, November 2009, pp. XXIV-183, ISBN: 978-88-6345-058-3, forewords by Prof. Sacerdoti (Full professor of International law, former President and Member of the Appellate Body at the WTO) and by prof. Nerina Boschiero (Full professor of International law)

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1513089

http://www.shopping24.ilsole24ore.com/sh4/catalog/Product.jsp?PRODID=SH246184006

Dumping e Antidumping – Fascicolo di Presentazione

Dumping e Antidumping – Scheda Folder

Book Review – Giacomo Gattinara published on LIEI

Dumping is the practice of a company exporting a product to another country at prices lower than the normal value of the product (the domestic prices of the product) on its own domestic market. In the European Union the adoption of antidumping measures (e.g. antidumping duties) is regulated by the EU Antidumping Regulation 384/96 which complies with WTO obligations. The purpose of the Handbook of Paolo Farah and Roberto Soprano is to foster a greater understanding of the EU Antidumping Regulation and assist entrepreneurs in lodging antidumping complaints.

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Paolo Farah, L’influenza della concezione confuciana sulla costruzione del sistema giuridico e politico cinese (The Influence of Confucianism in the Construction of the Chinese Juridical and Political System), in Giovanni BOMBELLI e Bruno MONTANARI (eds), Identità europea e politiche migratorie, Vita e Pensiero, 2008, pp. 193-226. ISBN: 9788834316849

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1288392

Abstract:     
It will be described the Confucian conception of social order, harmony, medium, and the position of individuals inside the Chinese society, the law (Fa), the costums and the morals (Li), the school of thoughts in the Chinese legal tradition, the legal pluralism and this notion adapted to the Chinese context.

Keywords: Legal Theory, Philosophy of law, Comparative law, Confucianism, Confucius, Social Order, Guanxi, Chinese Harmony, Law and morals, the School of Thoughts in the Chinese legal tradition, Equity, Rule of Law, Juridical Pluralism, Santi Romano

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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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Conference Europe-Asia. Title “Market Economy, Rights, Freedoms and Commun Values in Europe and Asia”, Organiser : University Paul Verlaine-Metz and Université Asia-Tokyo, University Paul Verlaine-Metz, Metz, 17th, 18th and 19th March 2011

Paolo Farah, “Influence des considérations “autres que d’ordre commercial” en droit international et OMC sur les transformations de la loi chinoise: une perspective européenne”,  (Current Trends of Chinese Law towards Non-Trade Concerns (NTCs): a European Perspective), Paper presented to the International Conference, Europe-Asia. Title “Market Economy, Rights, Freedoms and Commun Values in Europe and Asia”, Organiser : Jean Monnet Chair at University Paul Verlaine-Metz and Université Asia-Tokyo, (Pole scientifique Metz-Nancy-Luxembourg), University Paul Verlaine-Metz, Metz, 17th, 18th and 19th March 2011

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Giacomo Gattinara, Paolo Farah, WTO Law in the Canadian Legal System, in Claudio DORDI (edited), “The Absence of Direct Effect of WTO in the EC and in other Countries”, The Interuniversity Centre on the Law of International Economic Organizations (CIDOIE), Giappicchelli Editore, Turin 2010, pp. 323-330. ISBN 978-88-348-9623-5

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