Sui generis protection for plant varieties and traditional agricultural knowledge : the example of India

Explores the sui generis protection of intellectual property, particularly patents, in biotechnology and traditional agricultural knowledge under Indian law. Focuses on the impact of amendments to the Patents Act 1970 and of the Plant Variety Protection and Farmers' Rights Act 2001 and Biological Diversity Act 2002.

Software developer policies : economics and s 46 of the Competition and Consumer Act 2010

This article considers the impact of developer policies that hinder or restrict cross platform application development. We suggest that policies that hinder or restrict cross platform development have the potential to erode competition within the market for smartphones. The article also considers the relevance of dominance measures in software markets, arguing that conventional economic approaches may not be applicable. Furthermore, while most monitoring activities tend to focus primarily on protection of consumers, the article points out that modern electronic/information technology markets are multi-sided and there is a need for monitoring of practices designed to attract and retain the favour of developers. While the article is written in the context and application of the applicable Australian legislation, this being s 46 of the Competition and Consumer Act 2010 (Cth), our findings are equally relevant to other jurisdictions.

The settlement and social inclusion of immigrant youth in New Zealand

The immigrant population of Aotearoa New Zealand has increased significantly over recent years. This rise in ethnic minority populations, especially from non-English speaking countries, has significant social implications for the country. Anecdotal and empirical evidence in New Zealand show that many immigrant youth are not socially included, and that this compromises their ability to settle successfully in New Zealand. This study investigates the settlement and social inclusion of immigrant youth in New Zealand. It investigates the significant/actors that act as barriers to their settlement and social inclusion. The study gathers data through face to face and telephone interviews from key informants who are service providers and experts in six cities in New Zealand. Data is analysed using an inductive approach to produce primarily qualitative data which identifies key themes and issues for different age groups, genders, migrant and refugee groups. It supplements this data with some quantitative data on frequency, duration and intensity. Findings reveal that most immigrant youth generally do not feel well settled and socially included in New Zealand, and that some may suffer psychological and social consequences due to this.

What’s in a name? The personal and political meanings of 'LGBT' for non-heterosexual and transgender youth in Kyrgyzstan

In this article, we focus on the ways in which non-heterosexual and transgender youth involved with the non-governmental organization ‘Labrys’ in Kyrgyzstan have begun to demand the protection of their basic civil and human rights on the basis of self-identification as ‘LGBT’. This acronym, which stands for Lesbian, Gay, Bisexual and Transgender, is relatively new to Kyrgyzstan and other post-Soviet states, and represents a change in the terms used by non-heterosexual and transgender people to describe themselves. We frame our discussion using the concepts of sexual citizenship, private/public divides and stigma and base our discussion on debates amongst the staff and community of Labrys about the purpose and scope of the organization. Centrally, we suggest that the strategic use of ‘LGBT’ as a public and politicized identity represents a new, pro-active form of stigma management. By employing this strategy, young LGBT people become ‘would-be’ sexual citizens and challenge traditional societal norms that seek to keep discussion of sex and sexuality in the private sphere and restrict rights to heterosexual, cisgender citizens.

Home space : youth identification in the Greek diaspora

This article draws on a larger study on schooling and diaspora using the case of the Greek community of Melbourne, Australia to examine processes of identification of young people with access to minority cultures. The Melbourne Greek community is long-standing, diverse, and well-established. Because of this, the young people involved in this study provide insights into cultural processes not related in any direct sense to migration. In most cases, it was their grandparents or great-grandparents who migrated. Many have 1 parent with no ancestral link to Greece. In this context, the motivations for and ways of expressing Greekness have the potential to illustrate identification as ambivalent. This article explores the centrality of “home” in these young people's representations of self. Following de Certeau, the argument is made that their everyday experience can be interpreted as an act of “anti-discipline.” As “users” of the Greekness, they are bequeathed through family, community, and schooling; and they use “tactics” of cultural redeployment that allow creative resistance and reinterpretation of both “Greekness” and “Australianness.”

Walking the talk: youth research in hard times

Introduction One of the greatest ethical challenges that face youth· researchers is the way in which their research depicts and portrays young people. There is a substantial body of literature within youth research and sociology that warns against the risk that research into the experiences and identities of young people contributes to an essentialising discourse that continues to permeate the policy, practice and public imaginaries of youth. Reflexive youth research must grapple not only with the usual methodological issues of responsible research, but with how its findings portray young people's lives and selves, and to what uses this portrayal might be put. This presents a challenge even to organisations whose central purpose is to advocate and act in the interests of young people. The Foundation for Young Australians (FYA) is such an organisation. FYA is a national, independent, non-profit organisation that conducts initiatives designed to foster young people's education and social participation. These include Young Social Pioneers (YSP), a program that works with young people who have a vision for social change. FYA also produces research that analyses the experience of young people in Australia in relation to these same domains of participation. This includes How Young People are Faring, an annual report about the education, training and work circumstances of young Australians that presents both challenges and recommendations for action to policymakers and agencies concerned with improving young people's life outcomes. This chapter draws on the findings of FYA's 2010 How Young People are Faring report (Robinson et al. 2010) and its 2009 (Robinson and Lamb 2009) evaluation of YSP to consider the ethical challenges that arise from a youth research program largely concerned with issues of structural exclusion yet situated within a organisation that promotes young people's agency. These ethical challenges arise in relation to: who is included in either the research or program evaluation; how young people are depicted in relation to this research or program evaluation; and finally, how the findings are disseminated.

The constitutional rights of children and the Prevention of Organised Crime Act 121 of 1998

The Prevention of Organised Crime Act 121 of 1998 [POCA] embodies a serious attempt by the South African government to effectively police and curb organised crime, money laundering and criminal gang activities in South Africa. The Act provides inter alia for a range of crippling fines and for orders such as confiscation and forfeiture. Asset forfeiture and confiscation orders can affect the rights of third parties directly and indirectly in a number of ways. Young persons and children can beaffected indirectly because asset forfeiture and confiscation orders may violate the right to parental care of the dependent young persons and children of the person who is subject to the order. This brief article will investigate aspects of the protection afforded to the rights of children when such orders are made in terms of the provisions of the Prevention of Organised Crime Act.

Migrant youth and social policy in multicultural Australia: exploring cross-cultural networking

This chapter explores the extent to which the direction of Australia’s official multicultural and civic integration policies, reflects the social attitudes and networking practices of migrant youth. The chapter pays particular attention to the Federal Government’s “Anti-Racism Strategy” announced in 2012 as part of its Multicultural Policy. On a theoretical level, direct efforts to mitigate racism have the potential to augment strategies that reaffirm pluralism and address disadvantage often associated with the migrant experience. On an empirical level, it is important to explore the extent to which such top-level discourses have actual founding in the social lives of migrant youth. Therefore this chapter presents the empirical findings of an empirical longitudinal on “Social Networks, Belonging and Active Citizenship among Migrant Youth” (Australian Research Council Linkage project 2009–2013). Migrant youth in this study pointed to a number of instances of racism, which act as significant barriers to cross-cultural networking. Analysis of the data shows, among other things, that there is a persistent tendency among migrant youth to point to their social distance from the metaphorical “Aussie Aussie” people of Anglo origins who are perceived as symbolising Australia’s mainstream. Such manifestations of racial discrimination preclude the emergence of a genuinely inclusive society that supports and nurtures cultural diversity as a significant part of the Australian national identity, as well as the stated objectives of its social policy repertoire.