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.

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 manifestation of varieties of blended learning pedagogy (BLP) : interplay between academic, institutional and global pedagogy

Despite the increased recognition of the potential use of online technologies to deliver flexible and student-centered learning environments in higher education, there are numerous critiques that its usage does not transform the daily practices of teaching and learning. This paper draws on some of the findings from three case studies that explored the manifestation of blended learning pedagogies (BLP). Six academics teaching at three different higher education contexts at two different countries, namely Australia and Malaysia were interviewed. The study aimed to interrogate the different manifestation of BLP at the different contexts of higher education, highlighting the complex interplay between the users (academics), technology and the specific socio-cultural contexts. Focusing on the academic identities that are shaped and reshaped within its socio-cultural context, this study demonstrated the complexity and fluidity of the manifestation of the different varieties of BLP. It contributes to further understanding the ways in which online technologies are used in teaching and learning within context of global knowledge economy that emphasizes flexibility and active co-production of knowledge.