Preserving patent policy space and securing access to medicines in developing countries: the role of states and pharmaceutical corporations

This thesis examines the tension between patent rights and the right to health and it recognizes patent rights on pharmaceutical products as one of the factors responsible for the problem of lack of access to affordable medicines in developing countries. The thesis contends that, in order to preserve their patent policy space and secure access to affordable medicines for their citizens, developing countries should incorporate a model of human rights into the design, implementation, interpretation, and enforcement of their national patent laws. The thesis provides a systematic analysis of court decisions from four key developing countries (Brazil, India, Kenya, and South Africa) and it assesses how the national courts in these countries resolve the tension between patent rights and the right to health. Essentially, this thesis demonstrates how a model of human rights can be incorporated into the adjudication of disputes involving patent rights in national courts. Focusing specifically on Brazil, the thesis equally demonstrates how policy makers and law makers at the national level can incorporate a model of human rights into the design or amendment of their national patent law. This thesis also contributes to the ongoing debate in the field of business and human rights with regard to the mechanisms that can be used to hold corporate actors accountable for their human rights responsibilities. This thesis recognizes that, while states bear the primary responsibility to respect, protect, and fulfil the right to health, corporate actors such as pharmaceutical companies also have a baseline responsibility to respect the right to health. This thesis therefore contends that pharmaceutical companies that own patent rights on pharmaceutical products can be held accountable for their right to health responsibilities at the national level through the incorporation of a model of civic participation into a country’s patent law system.

Personal learning artefacts: persistence, ownership and privacy

Traditional classrooms have been often regarded as closed spaces within which experimentation, discussion and exploration of ideas occur. Professors have been used to being able to express ideas frankly, and occasionally rashly while discussions are ephemeral and conventional student work is submitted, graded and often shredded. However, digital tools have transformed the nature of privacy. As we move towards the creation of life-long archives of our personal learning, we collect material created in various 'classrooms'. Some of these are public, and open, but others were created within 'circles of trust' with expectations of privacy and anonymity by learners. Taking the Creative Commons license as a starting point, this paper looks at what rights and expectations of privacy exist in learning environments? What methods might we use to define a 'privacy license' for learning? How should the privacy rights of learners be balanced with the need to encourage open learning and with the creation of eportfolios as evidence of learning? How might we define different learning spaces and the privacy rights associated with them? Which class activities are 'private' and closed to the class, which are open and what lies between? A limited set of set of metrics or zones is proposed, along the axes of private-public, anonymous-attributable and non-commercial-commercial to define learning spaces and the digital footprints created within them. The application of these not only to the artefacts which reflect learning, but to the learning spaces, and indeed to digital media more broadly are explored. The possibility that these might inform not only teaching practice but also grading rubrics in disciplines where public engagement is required will also be explored, along with the need for consideration by educational institutions of the data rights of students.