16 research outputs found
Formazione continua e transizione ecologica: alcune suggestioni dal sistema francese
No full textThe essay focuses on the topic of workers’ lifelong learning for the ecological transition. The green upskilling and reskilling are fundamental both for the conversion of companies towards a more environmentally friendly production, as well as for the protection of employment levels and workers’ professionalism. In the first part of the essay, the French legal system is taken as a reference, as an excellent term of comparison. After an analysis of its workers’ lifelong learning system, the author focuses on the latest legislative innovations, regarding the inclusion of continuous ecological training among the subjects of information and consultation procedures and collective bargaining. At the same time, he analyzes the original contributions of the social partners in the recent Accord National Interprofessionnel du 11 avril 2023 relatif à la transition écologique et au dialogue social. The author then proceeds with the analysis of other instruments that have found in the French PNRR an additional source of funding. In the second part of the paper, instead, after a brief reconstruction of the Italian system of continuous training and its gaps, the author highlights, by analyzing the new instruments resulting from the emergency legislation and the Italian PNRR, the new spaces reserved for continuous training for the ecological transition, with a particular focus on the New Skills Fund. In conclusion, considering the comparison between the two systems, some suggestions are drawn from the French system to improve the Italian system of workers’ lifelong learning, especially to face the twin transition, ecological and digital, underway
La sanatoria del difetto di jus postulandi nella controversia promossa da un ente locale
No full textL’autore esamina una decisione di merito resa in una giudizio promosso da un ente locale (un comune), nella quale il giudice affronta e risolve una questione relativa al potere di rappresentanza in giudizio dell’ente e ai limiti dello jus postulandi nel caso di procura alle liti conferita dal sindaco.
The author examines a decision on the merits made in a judgment brought by a local authority (a municipality), in which the judge addresses and resolves a question relating to the authority's power of representation in court and the limits of the jus postulandi in the case of power of attorney conferred by the mayor
Hic sunt dracones?:Mapping the legal framework of China’s innovation policy: Standardization and IPRs
No full textChina’s economy has been growing at a rapid rate over the past 30 years. Initially, economic development was pursued through leveraging the supply of cheap labour for export purposes. After China joined the World Trade Organization, the Chinese government realized the importance of cultivating innovation capabilities. As such, Chinese policymakers formulated what is known as an “indigenous innovation” policy, emphasizing the importance of Chinese-owned technology, standards, and intellectual property rights (IPRs). Academic scholars have studied China’s innovation policy from different disciplinary angles, in particular from the perspective of its political economy. Important contributions have analyzed the connections between China’s standardization regime and its IPR regime – especially in the area of information and communications technology. Although these contributions provide a valuable account of the dynamics within the regime(s), this phenomenon has not been analyzed from a legal perspective. This article aims to fill this gap by tracking the evolution of the legal framework of China’s innovation policy since the 1950s, including recent developments. More specifically, it seeks to determine how China’s innovation policy has resulted in the development and adoption of laws, rules, and regulations regarding standardization and IPRs with the aim of realizing China’s innovative potential and economic prosperity.</p
Assessing access to medicines in preferential trade agreements: From the trans-pacific partnership to the comprehensive and progressive agreement for trans-pacific partnership
No full textTheComprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP or TPP11)is a trade agreement between Australia, Brunei Darussalam, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam. CPTPP negotiations started after the Trans-Pacific Partnership Agreement reached a stalemate due to the withdrawal of the United States on 23 January 2017. This paper's aim is to provide an appraisal of some sensitive provisions of the CPTPP, and their impact on access to affordable medicines. As access to medicines is mainly related to the protection of intellectual property rights and in particular patents, a first part of the paper will focus on the international regulatory framework for patents, considering the main international conventions, the TRIPS Agreement and its relation with preferential trade agreements. The narration will then focus on the provision of the CPTPP relating to patents and pharmaceuticals, and those relating to investment. The discussion will revolve around whether said provisions significantly depart from the framework set by TRIPS, for instance, including TRIPS-plus provisions, notably criticised for their adverse repercussions on the fundamental right to health. As regards the provisions in the investment chapter, the analysis will focus on whether the wording of said chapter is equipped to strike a balance between protection of foreign investors and health regulation. A conclusion will follow, summarising the main findings of the paper
Access to Medicines in Developing Countries and Free Trade Agreements: The Case of the US-DR-CAFTA with Focus on Costa Rica
No full text104-112The scope of this paper is to provide an
analysis of the impact of the IP provisions of a free trade agreement, the
US-DR-CAFTA, in the context of access to medicines in developing countries. The
paper appraises whether the said provisions depart from the framework set by
TRIPS, to which extent they create a more stringent framework by the inclusion
of TRIPS plus provisions, heavily criticised because of their repercussions on
the fundamental right to health. There is also an assessment of whether these
provisions have determined a change of the related IP law provisions in the CAFTA
Member State, Costa Rica, and whether access to affordable or indispensable
medicines has been affected or not. In conclusion, some improvements are
recommended along with an overall assessment of the IP provision of the country,
as a result of CAFTA implementation
Correction to: Denosumab does not decrease the risk of lung metastases from bone giant cell tumour (International Orthopaedics, (2019), 43, 2, (483-489), 10.1007/s00264-018-4085-6)
No full textLast and second name of an author have been mixed up. It shows Piergiuseppe as the last name, but his second name is Tanzi and the first name is Piergiuseppe. The original article has been corrected
Correction to: Denosumab does not decrease the risk of lung metastases from bone giant cell tumour (International Orthopaedics, (2019), 43, 2, (483-489), 10.1007/s00264-018-4085-6)
No full textLast and second name of an author have been mixed up. It shows Piergiuseppe as the last name, but his second name is Tanzi and the first name is Piergiuseppe. The original article has been corrected. © 2018, SICOT aisbl
