After President Donald Trump s ill-advised pullout from the Trans-Pacific Partnership(TPP)and despite the absence of the US,the remaining 11 Asian and Pacific countries agreed on a deal,renamed the Comprehensive and P...After President Donald Trump s ill-advised pullout from the Trans-Pacific Partnership(TPP)and despite the absence of the US,the remaining 11 Asian and Pacific countries agreed on a deal,renamed the Comprehensive and Progressive Agreement for Transpacific Partnership(CPTPP).The accord took effect on 30 December 2018 and provides rigorous,up-to-date rules for Asia-Pacific trade,but excludes the region s two biggest economies:the US and China.In this paper,we calculate that Chinese membership in the CPTPP would yield large economic and political benefits to China and other members.The CPTPP,in its current form,would generate global income gains estimated at US$147bn annually.If China were to join,these gains would quadruple to US$632bn,or a quarter more than in the original TPP with the US.But to join the CPTPP,China would have to undertake unprecedented reforms and manage complex political challenges.展开更多
《与贸易有关的知识产权协定》规定了药品试验数据规制的基本制度,此基础上我国采取商业秘密规制模式保护药品试验数据。但是,商业秘密规制模式一方面存在保护力度不足等问题,另一方面存在药品试验数据无法进入“公域”的问题。《全面...《与贸易有关的知识产权协定》规定了药品试验数据规制的基本制度,此基础上我国采取商业秘密规制模式保护药品试验数据。但是,商业秘密规制模式一方面存在保护力度不足等问题,另一方面存在药品试验数据无法进入“公域”的问题。《全面与进步跨太平洋伙伴关系协定》(The Comprehensive and Progressive Agreement for Trans-Pacific Partnership,CPTPP)构建了更高标准的药品试验数据规制制度,具体包括采取数据专有权、保护生物制剂试验数据等。为对接CPTPP,我国应重构药品试验数据规制制度,具体包括确立数据专有权模式并明确保护期限,此外构建药品试验数据公开制度和规制后续排他权的制度。展开更多
The regulations of cross-border data flows is a growing challenge for the international community.International trade agreements,however,appear to be pioneering legal methods to cope,as they have grappled with this is...The regulations of cross-border data flows is a growing challenge for the international community.International trade agreements,however,appear to be pioneering legal methods to cope,as they have grappled with this issue since the 1990s.The World Trade Organization(WTO)rules system offers a partial solution under the General Agreement on Trade in Services(GATS),which covers aspects related to cross-border data flows.The Comprehensive and Progressive Agreement for Trans-Pacific Partnership(CPTPP)and the United States-Mexico-Canada Agreement(USMCA)have also been perceived to provide forward-looking resolutions.In this context,this article analyzes why a resolution to this issue may be illusory.While they regulate cross-border data flows in various ways,the structure and wording of exception articles of both the CPTPP and USMCA have the potential to pose significant challenges to the international legal system.The new system,attempting to weigh societal values and economic development,is imbalanced,often valuing free trade more than individual online privacy and cybersecurity.Furthermore,the inclusion of poison-pill clauses is,by nature,antithetical to cooperation.Thus,for the international community generally,and China in particular,cross-border data flows would best be regulated under the WTO-centered multilateral trade law system.展开更多
文摘After President Donald Trump s ill-advised pullout from the Trans-Pacific Partnership(TPP)and despite the absence of the US,the remaining 11 Asian and Pacific countries agreed on a deal,renamed the Comprehensive and Progressive Agreement for Transpacific Partnership(CPTPP).The accord took effect on 30 December 2018 and provides rigorous,up-to-date rules for Asia-Pacific trade,but excludes the region s two biggest economies:the US and China.In this paper,we calculate that Chinese membership in the CPTPP would yield large economic and political benefits to China and other members.The CPTPP,in its current form,would generate global income gains estimated at US$147bn annually.If China were to join,these gains would quadruple to US$632bn,or a quarter more than in the original TPP with the US.But to join the CPTPP,China would have to undertake unprecedented reforms and manage complex political challenges.
文摘《与贸易有关的知识产权协定》规定了药品试验数据规制的基本制度,此基础上我国采取商业秘密规制模式保护药品试验数据。但是,商业秘密规制模式一方面存在保护力度不足等问题,另一方面存在药品试验数据无法进入“公域”的问题。《全面与进步跨太平洋伙伴关系协定》(The Comprehensive and Progressive Agreement for Trans-Pacific Partnership,CPTPP)构建了更高标准的药品试验数据规制制度,具体包括采取数据专有权、保护生物制剂试验数据等。为对接CPTPP,我国应重构药品试验数据规制制度,具体包括确立数据专有权模式并明确保护期限,此外构建药品试验数据公开制度和规制后续排他权的制度。
基金This article is supported by the National Social Science Fund Project"China's Non-Market Economy Status in WTO Trade Remedies"(Project No.15XFX023)the Human Rights Institute of Southwest University of Political Science and Law(SWUPL HRI)2015 Yearly Research Project"Global Human Rights Governance under the TPP."All mistakes and omissions are my responsibility.
文摘The regulations of cross-border data flows is a growing challenge for the international community.International trade agreements,however,appear to be pioneering legal methods to cope,as they have grappled with this issue since the 1990s.The World Trade Organization(WTO)rules system offers a partial solution under the General Agreement on Trade in Services(GATS),which covers aspects related to cross-border data flows.The Comprehensive and Progressive Agreement for Trans-Pacific Partnership(CPTPP)and the United States-Mexico-Canada Agreement(USMCA)have also been perceived to provide forward-looking resolutions.In this context,this article analyzes why a resolution to this issue may be illusory.While they regulate cross-border data flows in various ways,the structure and wording of exception articles of both the CPTPP and USMCA have the potential to pose significant challenges to the international legal system.The new system,attempting to weigh societal values and economic development,is imbalanced,often valuing free trade more than individual online privacy and cybersecurity.Furthermore,the inclusion of poison-pill clauses is,by nature,antithetical to cooperation.Thus,for the international community generally,and China in particular,cross-border data flows would best be regulated under the WTO-centered multilateral trade law system.
