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.

Embracing prior professional experience in meaning making: views from international students and academics

This paper explores the views of international students and academic staff on the use of prior professional experience in disciplinary academic writing in Australian higher education. The main finding of this case study indicates that disciplinary practice related to the issue of whether, and how, students should represent aspects of their prior professional experience in disciplinary writing seems to be differently reproduced from the lenses of international student and lecturers. Within the current higher education practices, the diverse dimensions of prior professional experiences that international students bring into the learning context appear to count more in oral class discussion than in academic writing and in formal assessment. Furthermore, despite the rhetoric of internationalization of the curriculum and “inclusivity”, the valid academic practices of international students seem to be marginalized and delegitimized due to the very subtlety and inconsistence of the lecturers’ expectations. The paper concludes with the implications for institutions to more effectively address the needs of international students in terms of knowledge construction in the process of implementing diversity principles within the internationalization agenda.

Development of guidelines for workplace prevention of mental health problems : a Delphi consensus study with Australian professionals and employees

The purpose of the research was to conduct a Delphi expert consensus study (with employer, health professional and employee experts) to develop guidelines for the workplace prevention of mental health problems. A systematic review of websites, books, pamphlets and journal articles was conducted; a 363-item survey developed; and 314 strategies were endorsed as essential or important by at least 80% of all three panels. The endorsed strategies provided information on: creating a positive work environment; reducing job strain; rewarding employee efforts; workplace fairness; provision of supports; supportive change management; provision of training; provision of mental health education; and employee responsibilities.