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This book focuses on the legal governance of online platforms
concerning direct and indirect discrimination against users in the
housing, advertising, and labor markets. Through an extensive
investigation of sources that include private company practices,
antidiscrimination policies, collective and private litigation,
court decisions, and public regulation, this book illustrates how
statutory law and legal precedents in the E.U. and the U.S. are
only partially equipped to address discrimination against
statutorily protected classes in online platforms.In the analysis
of the selected sources, the author showcases that the main
obstacles to the full implementation of the equality principle rely
on online platforms' structural challenges, including their
aesthetic designs, matching tools, evaluation systems, and network
effects that ultimately reinforce old biases against protected
classes. In light of these structural challenges, the author
concludes that the fight against discrimination in online platforms
may produce the best results when oriented by a model of regulation
that encourages private businesses to implement the principle of
transparency, fairness and the active cooperation of
antidiscrimination bodies.
The TRIPS Agreement is the most comprehensive and influential
international treaty on intellectual property rights. It brings
intellectual property rules into the framework of the World Trade
Organization, obliging all WTO Member States to meet minimum
standards of intellectual property protection and enforcement. This
has required massive changes in some national laws, particularly in
developing countries. This volume provides a detailed legal
analysis of the provisions of the TRIPS Agreement, as well as
elements to consider their economic implications in different legal
and socio-economic contexts. This book provides an in depth
analysis of the principles and of the substantive and enforcement
provisions of the TRIPS Agreement, the most influential
international treaty on intellectual property currently in force.
It discusses the legal context in which the Agreement was
negotiated, the objectives of their proponents and the nature of
the obligations it created for the members of the World Trade
Organization. In particular, it examines the minimum standards that
must be implemented with regard to patents, trademarks, industrial
designs, geographical indications, copyright and related rights,
integrated circuits, trade-secrets and test data for pharmaceutical
and agrochemical products. Trade Related Aspects of Intellectual
Property Rights: A Commentary on the TRIPS Agreement elaborates on
the interpretation of provisions contained in said Agreement, in
the light of the customary principles for the interpretation of
international law. The analysis -which is supported by a review of
the relevant GATT and WTO jurisprudence- identifies the policy
space left to such members to implement their obligations in
accordance with their own legal systems and public policy
objectives, including in respect of complex issues such as
patentability criteria, compulsory licenses, exceptions and
limitations to copyright, border measures, injunctive relief and
the protection of test data under the discipline of unfair
competition.
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