Intellectual Property and Biotechnology: Biological Inventions

This book documents and evaluates the dramatic expansion of intellectual property law to accommodate various forms of biotechnology from micro-organisms, plants, and animals to human genes and stem cells. It makes a unique theoretical contribution to the controversial public debate over the commercialization of biological inventions. The author also considers the contradictions between the Supreme Court of Canada rulings in respect of the Harvard oncomouse, and genetically modified canola. He explores law, policy, and practice in both Australia and New Zealand in respect to gene patents and non-coding DNA. This study charts the rebellion against the European Union Biotechnology Directive – particularly in respect of Myriad Genetics’ BRCA1 and BRCA2 patents, and stem cell patent applications. The book also considers whether patent law will accommodate frontier technologies – such as bioinformatics, haplotype mapping, proteomics, pharmacogenomics, and nanotechnology. Intellectual Property and Biotechnology will be of prime interest to lawyers and patent attorneys, scientists and researchers, business managers and technology transfer specialists.

The fight for fair use in Australia: Copyright law in an age of cloud computing

Fair Use Week has celebrated the evolution and development of the defence of fair use under copyright law in the United States. As Krista Cox noted, ‘As a flexible doctrine, fair use can adapt to evolving technologies and new situations that may arise, and its long history demonstrates its importance in promoting access to information, future innovation, and creativity.’ While the defence of fair use has flourished in the United States, the adoption of the defence of fair use in other jurisdictions has often been stymied. Professor Peter Jaszi has reflected: ‘We can only wonder (with some bemusement) why some of our most important foreign competitors, like the European Union, haven’t figured out that fair use is, to a great extent, the “secret sauce” of U.S. cultural competitiveness.’ Jurisdictions such as Australia have been at a dismal disadvantage, because they lack the freedoms and flexibilities of the defence of fair use.

Who killed fair use? A copyright murder mystery down under

Fair Use Week has been celebrated this week in the United States, with great gusto and enthusiasm. At Harvard Library, Kyle Courtney commented: ‘Fair use is critical and important to innovation, scholarship and research in the United States.’ Kenneth Crews emphasized that ‘the new technological ventures, like other creative pursuits, require fair use and other copyright limitations for experimentation and success.’ Legal director Corynne McSherry of the Electronic Frontier Foundation has highlighted the significance and the importance of the defence of fair use: ‘Fair use provides breathing space in copyright law, making sure that control of the right to copy and distribute doesn’t become control of the right to create and innovate.’ For Techdirt, Mike Masnick has emphasized that fair use is a right – and not an exception or a mere defence. Peter Jaszi and Pat Aufderheide have highlighted the contextual operation of fair use in particular artistic communities. Molly Van Houweling of the Authors Alliance has written about the ecstasy of influence – the role of inspiration and appropriation in all acts of artistic creation. Fair use has been celebrated as a many-splendored legal creation.

Rationality, governmentality, natio(norm)ality: Shaping social science, scientific objects, and the invisible

The discipline of education in Anglophone-dominant contexts has always grappled with a kind of status anxiety relative to other disciplines. This is in part due to the ways in which evidence has been thought about in the theoretico-experimental sciences relative to the ethico-redemptive ones. By examining that which was considered to fall to the side of science, even of social science, this paper complexifies contemporary debates over educational science and research, including debates over evidence-based education or assumed divisions between the quantitative/qualitative and empirical/conceptual. It reapproaches historical vagaries in discourses of vision that underscore the arbitrariness of approaches to social scientific research and its objects. A less-considered set of spatializations and regionalisms in social scientific conceptions of rationality especially are exposed through a close reading of the Harvard University philosopher William James' more marginalized texts.

William James, Sciences of Mind, and Anti-imperial Discourse

In the past few decades, the humanities and social sciences have developed new methods of reorienting their conceptual frameworks in a “world without frontiers.” In this book, Bernadette M. Baker offers an innovative approach to rethinking sciences of mind as they formed at the turn of the twentieth century, via the concerns that have emerged at the turn of the twenty-first. The less-visited texts of Harvard philosopher and psychologist William James provide a window into contemporary debates over principles of toleration, anti-imperial discourse, and the nature of ethics. Baker revisits Jamesian approaches to the formation of scientific objects including the child mind, exceptional mental states, and the ghost to explore the possibilities and limits of social scientific thought dedicated to mind development and discipline formation around the construct of the West.

from "The Roving Party"

They walked down through a dry creek bed lined with swamp gums grown so close together they appeared as one living whole. The men passed around these trees in single file, among sun shafts which pierced the canopy but threw no light upon their faces nor warmed their bones. In the gloom the air was thick with flies and the mushrooms grew like the sightless larvae of some queer and unnamed vermin. Before long they found themselves among a stand of trees which had been stripped of their bark for windbreaks. The naked trunks were carved over with bisected circles, detailings of the moon and sun, images of snakes and roo. The Parramatta men gazed at the finely wrought icons but John Batman found more to hold his attention. Pressed onto the flesh of the tree was a bloody handprint. Batman removed his hat and crouched to examine the ground and Black Bill joined him. One injured man had passed this way...

Dance for Parkinson's in Australia

Imagine entering a dance studio and seeing a group of male and female dancers hard at work creating a complicated pattern of concentric circles, moving gracefully to the strains of the Waltz of the Flowers from Tchaikovsky’s The Nutcracker. Or perhaps the dancers are tapping their toes, stretching their arms and smiling to the beats of Big Band classics. Concentration and joy fill the studio, yet for many of the participants this is their first experience in a dance class...