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.

Traditional knowledge, biological resources and intellectual property rights in Asia : the example of the Philippines

The relationship between traditional knowledge and intellectual property rights has become a topic for intensive debates at the national level, in various international settings and within and among different UN agencies, including the World Intellectual Property Organisation (WIPO), the UN Food and Agriculture Organisation (FAO), UNESCO, UNCTAD and the United Nations Environment Programme (UNEP). However, a consensus on a definition of traditional knowledge has yet to emerge due to persistent differences in perception. On the one hand, indigenous communities hold locally specific and holistic views of traditional knowledge, which are difficult to place within the framework of current intellectual property rights. Governments of developing countries, on the other hand, mostly focus on clearly defined aspects of traditional knowledge and their interpretation in the national interest and as expressions of national culture. Asian governments, in particular, have advocated the latter view. The Philippines provide an exception due to a tradition of recognising indigenous people as separate "cultural communities". However, the practical implementation of so-called "community intellectual rights" thus far is largely confined to access and benefit sharing rules, compensation requirements for traditional farmers and defensive protection measures such as digital libraries documenting traditional knowledge.

Sui Generis protection for plant varieties and traditional knowledge in biodiversity and agriculture : the international framework and national approaches in the Philippines and India

The so-called ‘biotechnology clause’ of Article 27.3(b) of the WTO-TRIPS Agreement requires from member states protection for plant varieties either via the patent system or via an ‘effective sui generis system’ or by a combination of the two. Many developing countries prefer forms of sui generis protection, which allow them to include exceptions and protection measures for traditional agricultural practices and the traditional knowledge of farmers and local communities. However, ‘traditional knowledge’ remains a vaguely defined term. Its extension to biodiversity has brought a diffusion of the previously clearer link between protected subject matter, intellectual property and potential beneficiaries. The Philippine legislation attempts a ‘bottom-up’ approach focusing on the holistic perceptions of indigenous communities, whereas national economic interests thus far receive priority in India’s more centralist approach. Administrative decentralisation, recognition of customary rights, disclosure requirements, registers of landraces and geographical indications are discussed as additional measures, but their implementation is equally challenging. The article concludes that many of the concepts remain contested and that governments have to balance the new commercial incentives with the biodiversity considerations that led to their introduction, so that the system can be made sufficiently attractive for both knowledge holders and potential users of the knowledge.

The role of traditional knowledge and access to genetic resources in biodiversity conservation in Southeast Asia

The article examines international treaties linking trade and environment, their governance models and implementation in the context of Southeast Asia. Particular attention is being paid to the role of intellectual property concepts, customary law and traditional knowledge as incentives for biodiversity conservation and to difficulties in defining the subject matter and communities of knowledge holders. Indonesia’s regulation of traditional knowledge and access to biodiversity is discussed as example. The article concludes that national development goals and interests in royalty collection frequently dominate the discussion and that key concepts are still insufficiently defined to avoid overlaps and conflicts. Genuine local support for the conservationist aims of the models will depend on whether a benefit flow to communities can be ensured and their original role to act as incentives can be realised. International collaboration is important to avoid disputes concerning biodiversity related knowledge held across borders.

The cost of housing : more than just dollars

Australians were recently awarded the dubious honour of building the largest homes in the world. Our new homes are now seven percent larger than those in the United States and nearly three times larger than those in the United Kingdom. At the same time, the price of an average residential property is now five times what it was 20 years ago. Although incomes have risen over the same period, they have not kept pace with rising house prices. In terms of disposable income, the cost of housing has almost doubled. While traditional housing affordability is measured in terms of house prices and incomes, a broader and more encompassing perspective also indicates that we can no longer ‘afford’ to build houses as we have done in the past. The environmental impact of modern Australian housing is significant. Australians have resisted the need for increased urban density as their capital city populations grow and new houses have been built on the outskirts of the existing cities, encroaching on the greenwedge and agricultural lands, destroying and degrading existing fauna and flora. The houses built have increased carbon emissions because of their size, embodied energy and reliance on the motor car. This paper discusses the environmental ‘affordability’ of current Australian housing and argues that this must be considered alongside traditional affordability criteria so that a more holistic approach to the issues is adopted.

House price bubble estimations in Australia's capital cities with market fundamentals

This paper investigates the existence of house price bubbles in Australia's eight capital cities in recent years by using quantitative analyses including Johansen cointegration test, Granger causality test, impulse response and Chow forecast test. While interactions between house prices and market fundamentals are discussed in long-run and causal estimations, shocks from the market fundamentals to house prices are investigated in generalized impulse response analyses. Findings from estimating house price bubbles for eight capital cities suggest that there was an obvious house price bubble in Perth, while a slight house price bubble occurred in Sydney. In contrast, house prices in Adelaide and Darwin can be explained very well by market fundamentals, while house prices in Melbourne, Brisbane, Hobart and Canberra were undervalued in the study period.

Alternative pathways to traditional destinations : higher education for disadvantaged Australians

In 1985, the Higher Education Equity Program was introduced by the Australian Government to improve the participation of those persons from social groups traditionally under-represented within higher education. In 1990, the program was incorporated within A Fair Chance For All which provided more specific details of the government's desire for a system-wide approach to equity issues. One result has been the proliferation of access and equity programs conducted by universities around the country and aimed at redressing the disadvantage of potential students. The alleged success of these programs is based on greater participation in and graduation from Australian universities by individuals from targeted disadvantaged groups. The research reported here, however, would suggest that such programs are prone to co-opt the language of equity and social justice, dependent as they are on satisfying statistically-orientated program performance indicators in order to receive recurrent government funding. Further, the paper argues that success in achieving equity within Australian higher education will remain limited unless the structural arrangements that work to construct social inequalities in mainstream higher education are addressed.

Migrant Houses in the village Zavoj, Republic of Macedonia, 1988-2010

The focus of this data is on the transformation of the village Zavoj in the Republic of Macedonia, due to emigration from the village, recorded through the architectural changes to the houses in the village. The village had become by default a place for the accommodation of elderly people who did not want to join their offspring abroad in the cities of immigration, or in the fringe suburbs of nearby towns.

The data documents the ‘material history’ of the houses, and constitutes a longitudinal research project tracing the transformation of the architectural fabric of the village since 1988. It includes visual documentation such as photographs and drawings, and includes the houses as HOUSE-STATES as follows:

House-Traditional: Vernacular architecture still in use and maintained as a dwelling.
House-Construction: Buildings that are still being constructed, the house as ongoing construction site.
House-Fragment: An eMigrant house-fragment is juxtaposed with the vernacular dwelling. Typical and affordable techniques of single brick cavity and reinforced concrete structure are evident in the new fragment.
House-Closed: Many new houses have only one door and one window, height, size and volume are minimal; and are closed a lot of the time.
House-Ruin: Vernacular traditional dwellings that are deteriorating. Traditional vernacular dwellings are rarely renovated, reconstructed or repaired.

The data is complemented by several field-work methods including participant observation, interviews, documentation of the village as a totality, recording of oral histories and myths, festivities, and archival statistical research about the vicinity.

This dataset comprises photographic documentation, sketch/drawing documentation, digital interview recordings, and interview notes.