Traditional knowledge, traditional cultural expressions and intellectual property law in the Asia-Pacific region

Contents

* The international debate about traditional knowledge and approaches in the Asia-Pacific region / Christoph Antons
* How are the different views of traditional knowledge linked by international law and global governance? / Christopher Arup
* Protection of traditional knowledge by geographical indications / Michael Blakeney
* An analysis of WIPO's latest proposal and the Model Law 2002 of the Pacific Community for the Protection of Traditional Cultural Expressions / Silke von Lewinski
* The role of customary law and practice in the protection of traditional knowledge related to biological diversity / Brendan Tobin
* Can modern law safeguard archaic cultural expressions? : observations from a legal sociology perspective / Christoph Beat Graber
* Branding identity and copyrighting culture : orientations towards the customary in traditional knowledge discourse / Martin Chanock
* Being indigenous' in Indonesia and the Philippines / Gerard A. Persoon
* Indigenous heritage and the digital commons / Eric Kansa
* Traditional cultural expression and the internet world / Brian Fitzgerald and Susan Hedge
* Cultural property and "the public domain" : case studies from New Zealand and Australia / Susy Frankel and Megan Richardson
* The recognition of traditional knowledge under Australian biodiscovery regimes : why bother with intellectual property rights? / Natalie Stoianoff
* Protection of traditional knowledge in the SAARC region and India's efforts / S.K. Verma
* The protection of expressions of folklore in Sri Lanka / Indunil Abeyesekere
* Traditional medicine and intellectual property rights : a case study of the Indonesian jamu industry / Christoph Antons and Rosy Antons-Sutanto.

Pipit Rochijat's subversive mythologies: the Suharto era and beyond

This article examines Indonesian émigré Pipit Rochijat's attempts to adapt and renew the tales of the traditional shadow theatre, the wayang. The significance of Pipit's subversive mythologies lies in the historical context in which these reinterpretations occurred: at the height of Suharto's New Order regime in the mid 1980s. At a time when censorship and self-censorship had virtually crippled the critical impulse of Indonesian cultural expression, the return to mythology was in a significant sense an attempt to evade, critique, and undermine the authorities. By appropriating the very same symbols and language in which the New Order authoritarian regime had manipulated so effectively, Indonesian dissidents such as Pipit discovered the perfect symbolic weapon with which to radicalize their opposition.

Sophistic 3.0 and the end of media relations

This paper looks at Web 2.0 as a new form of discursive art which may be changing human subjectivity - which may be producing new kinds of people. It casts the Web 2.0 era as the 'Third Sophistic' in comparison to the two other sophistics: (1) the period from the Ancient Greek Enlightenment when grammar, rhetoric and dialectic were invented by the original pre-Socratic sophists up until the times of Plato, Aristotle, and Isocrates; and (2) the Second Sophistic in the early centuries of the Common Era when 'epideictic,' that is subtle, artistic rhetoric was perfected. These sophistics marked alterations in the possibilities for human cultural expression and conception. Are we experiencing a 'Sophistic 3.0'? If so what are the likely consequences for contemporary discourse and its media?

Semiotic, rhetoric and democracy

This paper unites Deely’s call for a better understanding of semiotics with Jaeger’s insight into the sophists and the cultural history of the Ancient Greeks. The two bodies of knowledge are brought together to try to better understand the importance of rhetorical processes to political forms such as democracy. Jaeger explains how cultural expression, particularly poetry, changed through the archaic and classical eras to deliver, or at least to be commensurate with contemporary politics and ideologies. He explains how Plato (429-347 BCE) struggled against certain poetry and prose manifestations in his ambition to create a ‘perfect man’ – a humanity which would think in a way which would enable the ideal Republic to flourish. Deely’s approach based on Poinsot and Peirce presents a theoretical framework by means of which we can think of the struggle to influence individual and communal conceptualisation as a struggle within semiotics. This is a struggle over the ways reality is signified by signs. Signs are physical and mental indications which, in the semiotic tradition, are taken to produce human subjectivity – human ‘being’. Deely’s extensive body of work is about how these signs are the building blocks of realist constructions of understanding. This paper is concerned with the deliberate use of oral and written signs in rhetorical activity which has been deliberately crafted to change subjectivity. We discuss: (1) what thought and culture is in terms of semiotics and (2) Jaeger’s depiction of Ancient Greece as an illustration of the conjunction between culture and subjectivity. These two fields are brought together in order to make the argument that rhetoric can be theorised as the deliberate harnessing of semiotic affects. The implication is that the same semiotic, subjectivity-changing potency holds for 21st century rhetoric. However fourth century BCE Athens is the best setting for a preliminary discussion of rhetoric as deliberate semiotic practice because this was when rhetoric was most clearly understood for what it is. By contrast a discussion concentrating on modern rhetoric: public relations; advertising; lobbying; and public affairs would open wider controversies requiring considerably more complex explanation.

Contested Publics: Racist rants, bystander action and social media acts of citizenship

While social media tools enable new kinds of creativity, cultural expression and forms of public, civic and political participation, we often hear more about the harms that arise from instances of trolling and 'aberrant' online participation, including racist provocation. In media and communications research, these issues have been framed in a number of ways, usually focusing on new tools for civic engagement, political participation and digital inclusion. Government policy has been shifting steadily towards potential regulation of social media 'misuse' in relation to appropriate forms of 'digital citizenship'. It is in this evolving context that we consider several instances of cultural or nationalistic provocation and conflict in which social media platforms (YouTube and Facebook in particular) have been central to the social dynamic that has unfolded. We examine the recording and uploading of racist rants and associated bystander actions on public transport in Australia and elsewhere around the world. In this article, we contend that while racism remains an issue in uses of social media platforms such as YouTube, this focus often overshadows these platforms' productive potential, including their capacity to support agonistic publics from which productive expressions of cultural citizenship and solidarity might emerge.

Making sense of heritage mining landscape conservation in Malaysia: potential and challenges

Landscape is interpreted as the creation of a cultural expression through human ideology and representing a living heritage. Since landscapes are continually evolving, it arouses challenges for sustainability in preserving significant cultural landscape which rested in evolving and transitional world. Kinta Valley former mining landscape can be described as ‘relic landscape’ and this landscape type is one of the sub category under organically evolved cultural landscape (or vernacular landscape) as incorporated in UNESCO Operational Guidelines [18:8]. The main contribution of this paper lies within the gap of knowledge and practise of cultural landscape conservation in Malaysia emphasizing on the cultural values embedded within the heritage mining landscape of Kinta Valley of Perak State, Malaysia. Concerning to the significance heritage values that lies within the Kinta Valley former mining landscape through the lens of cultural landscape theory and practice, this paper highlights on the potential and challenges faced by the Perak state government in establishing mining cultural landscape conservation which can be incorporated within the state and districts planning gazetted documents. Palang & Fry [15] remark that the interface between culture and landscape is very important to understand as it will lead to interpretations of future and current issues of past landscape developments and interventions. United Nations [17] emphasize that sustainable cultural landscape composing of ‘socially, economically and environmentally durable’ and therefore preserving the heritage mining landscape will unravel and unveil the valley sustainability. In addition, qualifying the cultural landscape significance crafted by past tin mining activities in Kinta Valley has resulted in the establishment of heritage values of state and national significance. Therefore potential and challenges of preserving this heritage landscape will be disclose and thereupon embellish the Malaysian culture heritage in general especially in enduring Perak State culture heritage and sustainability.

Greek as a marker of identity in Melbourne, Australia

Individual and group identity is often closely associated with language use. Language, in turn, often serves as a proxy for culture which provides the background against which language use occurs. For the Greek community in Melbourne, Australia, use of Greek is an important symbolic aspect of ethnic identification and personal and groupidentity. Even for those younger members of the community whose daily interactions occur primarily in English and who view themselves as first language speakers of English, Greek plays a specific role in expression of personal identity and cultural expression. The use of Greek provides a link to the culture of origin and serves as a symbolic marker of association with a specific group in the larger Australian context.For first generation Greek Australians, exposure to the language and culture came primarily from immigrant parents. However, many of these individuals also attended Greek school which served to reinforce their knowledge and ability to use the language. Their children, the second generation, often use Greek words routinely in specific contexts, such as when talking about food and religion or when referring to family members (grandmother, grandfather). While they often attend Greek school as well, there is evidence that overall ability to speak Greek fluently in the community is declining. Nonetheless, selective use of Greek terms remains an important identity marker. This paper will describe the use of Greek words and terms by English–speaking members of the Melbourne community and discuss its significance as a form of cultural identification and personal identity. The phenomenon of Greek school as a vehicle for language exposure will also be discussed. Data, based on in depth interviews with members of the Greek community, will be used to illustrate the contexts in which switches to Greek occur and elucidate the cognitive background of such usage.

Death and late-stage dementia in institutions : a cultural analysis

The first purpose of this study was to describe the deaths of fifteen nursing home residents with late-stage dementia. The devastating effect of dementia on a person has been called a ‘living death’ (Woods, 1989). The caring which occurs when someone is going through this process in a nursing home was recorded and analysed. In analysing this act of caring, the second purpose was to look for the origins of the structures and the sources of pressure that shaped the context and therefore helped determine the behaviour of the various groups under observation. These groups were residents and their relatives, the staff of the nursing home and the treating doctors. Before commencing observations and carrying out this study, an understanding needed to be developed of: the condition of dementia as it is perceived by health professionals and presented in the media; the institutions in which the majority of people with dementia end their days; the background and conditions of the staff who nurse in them; the models of care that guide and determine policies; and the conceptions of life and death which underpin relevant laws and moral standpoints. Accordingly, in part 1. chapter 1 the history, causes, pathology and effects of dementing conditions are examined. Relevant medical and lay literature including media influences are examined which pertain to the subject of death and dementia and nursing home care. The history of this institutional care is briefly examined together with the growth of the discipline of gerontological nursing. Chapter 2 discusses some of the effects of this history on present day care and the concept of emotional work being carried out within the present day aged care public policy regulations. The moral arguments surrounding illness and dying in Australian society today are briefly discussed. Chapter 3 describes the conceptual framework for the study, the ethnographic method that has been employed and an outline of critical theory as the basis for analysis. The chapter concludes by recounting the practical steps taken to arrange the field work, secure the consent of participants, record data and gather documents, and outlines the ethical considerations given to the undertaking of the study. Chapter 4 describes the context in which the study took place and the first tentative exploration of the culture from an etic perspective. Part 2 describes the death trajectories observed and raises some questions about alternative strategies that may have been considered within a different paradigm of caring. In chapter 5 the death trajectories of each of the fifteen residents in the study are described, each written with a particular emphasis to illustrate aspects of the culture of care that emerged through thematic analysis. Observations, comments and feelings from staff and family are wound in and around these case studies. Chapter 6 looks more closely at the impact of policy and institutional pressure on the milieu in which these deaths took place. Part 3 draws conclusions from the observations and makes suggestions for emancipatory change as viewed from the author's standpoint of critical ethnographic analysis. In the final chapter an argument is presented for policy change that leads a movement towards palliative care practices for people with late-stage dementia. Approaches to implementation of palliative care will need to take account of any expression by the resident such as an advanced directive, indicating a preferred approach to treatment in the period prior to death; a need for a better understanding of such issues as the significance of body breakdown, the manifestations of pain and electrolyte imbalances; the surrounding ethical complexities and shift in public opinion, and perhaps, most of ail, the culture of the institutions in which this dying will take place. A definition of late-stage dementia which might be used in determining patterns of care is set out. A discussion about changes in practice which relate lo communication with treating doctors, the administering of antibiotics, the relief of pain, the mobilisation of residents and the provision of food and water takes place in light of the evidence found. The discussion of these issues is raised in the form of debate. Each aspect needs more rigorous analysis and information so that evidence-based practice, rather than care which is value-laden and emotional, can be used when treatment decisions are made for people with late-stage dementia.

Critique of "cultural fit" in relation to the recruitment of Indian information technologists for the Y2K project in Australia

In this study of intercultural communication, I investigate the multi-faceted meaning of the expression " cultural fit " in the sense that it is used by recruiters when shortlisting Indian information technologists to fill skills shortages for the Y2K project in Australia. The data is in the form of ten videotaped interviews in Bangalore and the recruiter commentary on those tapes in Melbourne. A crucial decision to be made by recruiters in any shortlisting process is " How will the candidate fit into the workplace?" This question becomes more problematical when applied to overseas-trained professionals. I take a critical approach, drawing principally on the research traditions of linguistics where studies of intercultural communication and workplace interaction intersect, employing chiefly the tools of Critical Discourse Analysis and Interactional Sociolinguistics and the more abstract notions of Bourdieu. A bridge between these different discourse approaches is provided by Sarangi & Roberts < 1999 < who show the connection between the larger institutional order and interactional routines, through an elaboration of frontstage talk and backstage talk following Goffman < 1959 < . An analysis of the interviews < frontstage talk < reveals "cultural fit" to involve a knowledge of institutional talk, in particular, directness. The recruiter commentary < backstage talk < draws attention to issues of intelligibility, body language, technical expertise and workplace values. the study shows that Indian Information Technologists have "partial fit" in that they possess technical fit but do not demonstrate, or lack the opportunity to demonstrate in the interview, Australian workplace values such as small talk, humour and informality. The recruiter judgments were fleeting and apart from checking for intelligibility, were made on the basis of candidates' body language thus highlighting its importance and its relative absence from the discourse approaches mentioned above. This study shows clearly that there is room for more communicative flexibility on the part of all the stakeholders.

Asian studies in "crisis" : is cultural studies the answer?

This article explores some of the benefits and limitations of Cultural Studies in Asian studies with particular reference to the expression of Asian-Australian identity in diaspora. It has been suggested that the influence of Cultural Studies – a discipline that is viewed as more globally relevant – may be an answer to the Asian studies “crisis”. In relation to the Cultural Studies approach to Asian-Australian identity, I argue that the discourse and rhetoric of Cultural Studies is highly beneficial in breaking down stereotypes and rebuilding the national narrative of identity. However, as a methodology it is not without limitations.

Beyond the road : Beat writing and its socio-cultural contexts

This study looks at the contribution of Beat Generation writers to the post-World-War II reinvigoration of the American literary tradition. It challenges the reductive judgements of many critics and demonstrates that the Beat phenomenon was as much an expression of its historical moment as a rebellion against it.

Drawing the line: Chinese calligraphy, cultural materialisms and the “remixing of remix"

Remix in writing has very different expressions, and is grounded in very different legal, philosophical and creative materialisms, in Western and Chinese cultures. The infringement of authors’ Intellectual Property Rights (IPRs) in China is not only an irritant for Chinese-Western commercial and legal relations. It also points to different formations of the creative and legal domains across global space, and serves to introduce notions of creativity and originality that are largely unfamiliar in the West. Calligraphy, as a pictorial and material mode of writing, comprises a practice of Chinese remix in which the apprentice traces the lines of the master’s work: repetition of Yun 韵 (‘composed body movements’) stimulates the expression of Qing 情 (‘feelings’). What appears from a distance to be slavish imitation actually involves a philosophy of learning (or more precisely, of ‘unlearnt learning’) that, bypassing plagiarism’s traps, effectively ‘remixes remix’ as a creative model no longer dependent on the familiar Western rationales for the legitimacy of remix as appropriation, homage and/or pastiche. To see this though, one has to deploy a Taoist rather than a Confucian framework in the analysis of calligraphic practices. The case of Kathy Acker, allied with the work of Gilles Deleuze, reveals a largely invisible lineage of Taoist-influenced remix in Western creative writing. In this way, calligraphy emerges as a model of remix relevant to all forms of writing—for all writing is material, whether calligraphic or not. Further, as Acker shows, the materiality of writing constantly replenishes its remixing with cultural elements that may not be otherwise visible.

Whose culture, where and why? – Identity, culture and artistic expression

This research addresses how the visual and artistic expression represents my cultures and gendered identities. My journey mapped cultural inheritances, ancestry and postcolonial influences from home country, my childhood memories, life experiences and migration transitions to Australia. A series of my artworks represent cultural markers, a sense of belonging, nostalgia and challenges of relocation. Findings support how art expression can forge ‘affective links’ and develop pedagogies for intercultural understanding through Art Education.

Intimacy at work: Playback theatre and corporate cultural change in Mercedes Benz, Brazil

On the back of a faltering economic year in 2007 and a major merger of motor car and truck dealerships, international motor car giant Mercedes Benz adopted a radical approach to re-aligning the company vision for their Brazilian business. Adopting a people-centred approach to change, they integrated participatory theatre and personal stories into a nationwide cultural development programme producing twelve performances in twelve cities. The central content of the performances came from employees who told personal stories that were then performed onstage. Each event acted as a unique expression of workplace values that would be led by employee attitudes and behaviour. Through the dialogic process, the company established a new code of conduct for customer care for the next phase of company activity. This article critiques various aspects of the programme and considers the value and limitations in the person-centred approach facilitated through theatre.