Innovation and Development in the Age of Climate Change Adaptation: Open or Closed?

Change Adaptation: Open or Closed? Paper read at the Second African International Economic Law Network Conference, 7-8 March 2013, Wits School of Law, Johannesburg, South Africa. In a time of rapid convergence of technologies, goods, services, hardware, software, the traditional classifications that informed past treaties fail to remove legal uncertainty, or advance welfare and innovation. As a result, we turn our attention to the role and needs of the public domain at the interface of existing intellectual property rights and new modes of creation, production and distribution of goods and services. The concept of open culture would have it that knowledge should be spread freely and its growth should come from further developing existing works on the basis of sharing and collaboration without the shackles of intellectual property. Intellectual property clauses find their way into regional, multilateral, bilateral and free trade agreements more often than not, and can cause public discontent and incite unrest. Many of these intellectual property clauses raise the bar on protection beyond the clauses found in the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). In this paper we address the question of the protection and development of the public domain in service of open innovation in accord with Article 15 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) in light of the Objectives (Article 7) and Principles (Article 8) set forth in TRIPS. Once areas of divergence and reinforcement between the intellectual property regime and human rights have been discussed, we will enter into options that allow for innovation and prosperity in the global south. We then conclude by discussing possible policy developments.

Compliance and knowledge about glaucoma in patients at tertiary glaucoma units

To document the rate of self-reported compliance and glaucoma-related knowledge in Swiss patients and to identify risk factors for their poor compliance. This was an observational study, including a total of 200 consecutive patients already under glaucoma medication in two Swiss tertiary glaucoma clinics (Geneva and Bern). Personal characteristics, presence of systemic disease, compliance with glaucoma medication, attitude to the ophthalmologist, and glaucoma-related attitudes were ascertained by means of a predetermined questionnaire with 40 questions. Patients were subsequently assessed for the ability to correctly instil placebo eye drops. Non-compliance with glaucoma medication was defined as omitting more than two doses a week as reported by the patient. Logistic regression was used to evaluate how patient characteristics and knowledge about the disease were related to compliance. Overall, 81% (n = 162) of patients reported to be compliant. Forgetfulness was the most frequently cited reason for non-compliance with dosing regimen (63%). Although 90.5% (n = 181) of patients believed glaucoma medication to be efficient, only 28% (n = 56) could correctly define glaucoma. Factors positively associated with compliance were 'knowledge of glaucoma' [adjusted odds ratio (OR) 4.77 (95% CI 1.36-16.70)] and 'getting help for administration of drops' [OR 2.95 (1.25-6.94)]. These findings indicate that despite the comparatively high compliance rate among glaucoma patients, knowledge of glaucoma remains poor in long-term glaucoma sufferers. Improving knowledge about the disease is important since it is positively associated with compliance in our study.

Frequency of use and knowledge of the WHO-surgical checklist in Swiss hospitals: a cross-sectional online survey

BACKGROUND The WHO-surgical checklist is strongly recommended as a highly effective yet economically simple intervention to improve patient safety. Its use and potentially influential factors were investigated as little data exist on the current situation in Switzerland. METHODS A cross-sectional online survey with members (N = 1378) of three Swiss professional associations of invasive health care professionals was conducted in German, French, and Italian. The survey assessed use of, knowledge of and satisfaction with the WHO-surgical checklist. T-Tests and ANOVA were conducted to test for differences between professional groups. Bivariate correlations were computed to test for associations between measures of knowledge and satisfaction. RESULTS 1090 (79.1%) reported the use of a surgical checklist. 346 (25.1%) use the WHO-checklist, 532 (38.6%) use the Swiss Patient Safety Foundation recommendations to avoid Wrong Site Surgery, and 212 (15.7%) reported the use of other checklists. Satisfaction with checklist use was generally high (doctors: 71.9% satisfied, nurses: 60.8% satisfied) and knowledge was moderate depending on the use of the WHO-checklist. No association between measures of subjective and objective knowledge was found. CONCLUSIONS Implementation of a surgical checklist remains an important task for health care institutions in Switzerland. Although checklist use is present in Switzerland on a regular basis, a substantial group of health care personnel still do not use a checklist as a routine. Influential factors and the associations among themselves need to be addressed in future studies in more detail.

Terrorists Among Us: Effects of a Suspect's Group Membership, Terrorist Past, and Knowledge on Lay Persons' Interrogation Severity Recommendations

Support among US citizens for severe interrogation has been recognized as drawing upon utilitarian as well as on retributive motivation (Carlsmith & Sood, 2009). Two studies were conducted to expand on these findings in a Swiss sample. In Study 1, participants rated the severity of different interrogation techniques, which were scaled to provide an alternative measure of interrogation severity. In Study 2, retributive motivation was manipulated by varying the terrorist past of a male suspect, and utilitarian motivation was manipulated by varying the probability that the suspect could provide valuable information. Additionally, we manipulated the suspect’s group membership. The results of the vignette study suggest that the number and severity of recommended interrogation techniques is mainly influenced by whether the suspect might provide valuable information. Whether the suspect had a terrorist past was an additional influence that, however, was primarily attributable to the suspect’s group membership: If the suspect belonged to the ingroup, participants’ harsher interrogation recommendations were affected by that person’s past, whereas recommendations were not significantly influenced by a terrorist past if the suspect was an outgroup member.

Case innovation and agentive marking: A comparative overview of Central Indo-Aryan

A split-ergative construction had developed during the late MIA period (Bubenik 1998; Peterson 1998) in which subjects of perfective transitive clauses were marked ergative by an oblique form, in contrast with the nominative form for non-ergative subjects. Later in the NIA period, most NIA languages (e.g. Urdu/Hindi) developed a postpositional clitic that was added to the oblique suffix, while others (e.g. Sindhi) continued to mark ergative subjects with a generic oblique suffix. This paper focuses on one exceptional case: the Dehwali language of Gujarat. Dehwali has an ergative marker that is a fusional suffix (i.e. layer I - Masica 1991: 231) and appears to inflect to agree in number and gender with the subject it marks. I will present two possible scenarios as to the origin of the Dehwali ergative marker: that it may be the remnant of an archaic MIA oblique form, or that it may be a more recent innovation as the result of increased contact with neighbouring varieties. Based on theories of grammaticisation, I argue that the former hypothesis is more likely. These theories show that it is not uncommon for oblique case forms (i.e. ablative; genitive) to carry agentive properties.

Test anxiety, self-control, and knowledge retrieval in secondary school students

Es wurde kürzlich gezeigt, dass die Stärke des Zusammenhangs zwischen Angst und Leistung von der momentan vorhandenen Selbstkontrollkraft abhängt. Wir untersuchten an einer Stichprobe aus Wirtschaftsschülern (N = 136), ob dieser Befund auf den Abruf von Wissen generalisierbar ist. Die Leistungsängstlichkeit der Teilnehmenden wurde erfasst und deren Selbstkontrollkraft experimentell manipuliert, woraufhin sie einen standardisierten Wortschatztest bearbeiteten. Während das Wissen nicht von der Leistungsängstlichkeit oder der Selbstkontrollkraft abhing, sagte die Interaktion aus beiden Variablen das gezeigte Wissen vorher. Übereinstimmend mit früheren Studien fiel die Leistung von Schülern mit niedriger Selbstkontrollkraft umso geringer aus, je leistungsängstlicher sie waren. Bei Schülern mit hoher Selbstkontrollkraft hingen die Leistungsängstlichkeit und die Wortschatzleistung hingegen nicht zusammen. Wir interpretieren dieses Muster dergestalt, dass Leistungsängstlichkeit den Wissensabruf nur dann behindert, wenn Selbstkontrolle nicht zur Kompensierung angstbezogener Aufmerksamkeitsdefizite herangezogen werden kann. Die Befunde implizieren, dass gründliche Vorbereitung keine guten Testnoten garantiert.

Safety and Efficacy of New-Generation Drug-Eluting Stents in Women at High Risk for Atherothrombosis: From the Women in Innovation and Drug-Eluting Stents Collaborative Patient-Level Pooled Analysis

BACKGROUND The safety and efficacy of new-generation drug-eluting stents (DES) in women with multiple atherothrombotic risk (ATR) factors is unclear. METHODS AND RESULTS We pooled patient-level data for women enrolled in 26 randomized trials. Study population was categorized based on the presence or absence of high ATR, which was defined as having history of diabetes mellitus, prior percutaneous or surgical coronary revascularization, or prior myocardial infarction. The primary end point was major adverse cardiovascular events defined as a composite of all-cause mortality, myocardial infarction, or target lesion revascularization at 3 years of follow-up. Out of 10 449 women included in the pooled database, 5333 (51%) were at high ATR. Compared with women not at high ATR, those at high ATR had significantly higher risk of major adverse cardiovascular events (15.8% versus 10.6%; adjusted hazard ratio: 1.53; 95% confidence interval: 1.34-1.75; P=0.006) and all-cause mortality. In high-ATR risk women, the use of new-generation DES was associated with significantly lower risk of 3-year major adverse cardiovascular events (adjusted hazard ratio: 0.69; 95% confidence interval: 0.52-0.92) compared with early-generation DES. The benefit of new-generation DES on major adverse cardiovascular events was uniform between high-ATR and non-high-ATR women, without evidence of interaction (Pinteraction=0.14). At landmark analysis, in high-ATR women, stent thrombosis rates were comparable between DES generations in the first year, whereas between 1 and 3 years, stent thrombosis risk was lower with new-generation devices. CONCLUSIONS Use of new-generation DES even in women at high ATR is associated with a benefit consistent over 3 years of follow-up and a substantial improvement in very-late thrombotic safety.