The empire of cancer: Gene patents and cancer voices

In his book, The Emperor of All Maladies, Siddhartha Mukherjee writes a history of cancer — "It is a chronicle of an ancient disease — once a clandestine, 'whispered-about' illness — that has metamorphosed into a lethal shape-shifting entity imbued with such penetrating metaphorical, medical, scientific, and political potency that cancer is often described as the defining plague of our generation." Increasingly, an important theme in the history of cancer is the role of law, particularly in the field of intellectual property law. It is striking that a number of contemporary policy debates over intellectual property and public health have concerned cancer research, diagnosis, and treatment. In the area of access to essential medicines, there has been much debate over Novartis’ patent application in respect of Glivec, a treatment for leukaemia. India’s Supreme Court held that the Swiss company’s patent application violated a safeguard provision in India’s patent law designed to stop evergreening. In the field of tobacco control, the Australian Government introduced plain packaging for tobacco products in order to address the health burdens associated with the tobacco epidemic. This regime was successfully defended in the High Court of Australia. In the area of intellectual property and biotechnology, there have been significant disputes over the Utah biotechnology company Myriad Genetics and its patents in respect of genetic testing for BRCA1 and BRCA2, which are related to breast cancer and ovarian cancer. The Federal Court of Australia handed down a decision on the validity of Myriad Genetics’ patent in respect of genetic testing for BRCA1 in February 2013. The Supreme Court of the United States heard a challenge to the validity of Myriad Genetics’ patents in this area in April 2013, and handed down a judgment in July 2013. Such disputes have involved tensions between intellectual property rights, and public health. This article focuses upon one of these important test cases involving intellectual property, public health, and cancer research. In June 2010, Cancer Voices Australia and Yvonne D’Arcy brought an action in the Federal Court of Australia against the validity of a BRCA1 patent — held by Myriad Genetics Inc, the Centre de Recherche du Chul, the Cancer Institute of Japan and Genetic Technologies Limited. Yvonne D’Arcy — a Brisbane woman who has had treatment for breast cancer — maintained: "I believe that what they are doing is morally and ethically corrupt and that big companies should not control any parts of the human body." She observed: "For my daughter, I've had her have [sic] mammograms, etc, because of me but I would still like her to be able to have the test to see if the mutation gene is in there from me." The applicants made the following arguments: "Genes and the information represented by human gene sequences are products of nature universally present in each individual, and the information content of a human gene sequence is fixed. Genetic variations or mutations are products of nature. The isolation of the BRCA1 gene mutation from the human body constitutes no more than a medical or scientific discovery of a naturally occurring phenomenon and does not give rise to a patentable invention." The applicants also argued that "the alleged invention is not a patentable invention in that, so far as claimed in claims 1–3, it is not a manner of manufacture within the meaning of s 6 of the Statute of Monopolies". The applicants suggested that "the alleged invention is a mere discovery". Moreover, the applicants contended that "the alleged invention of each of claims 1-3 is not a patentable invention because they are claims for biological processes for the generation of human beings". The applicants, though, later dropped the argument that the patent claims related to biological processes for the generation of human beings. In February 2013, Nicholas J of the Federal Court of Australia considered the case brought by Cancer Voices Australia and Yvonne D’Arcy against Myriad Genetics. The judge presented the issues in the case, as follows: "The issue that arises in this case is of considerable importance. It relates to the patentability of genes, or gene sequences, and the practice of 'gene patenting'. Briefly stated, the issue to be decided is whether under the Patents Act 1990 (Cth) a valid patent may be granted for a claim that covers naturally occurring nucleic acid — either deoxyribonucleic acid (DNA) or ribonucleic acid (RNA) — that has been 'isolated'". In this context, the word "isolated" implies that naturally occurring nucleic acid found in the cells of the human body, whether it be DNA or RNA, has been removed from the cellular environment in which it naturally exists and separated from other cellular components also found there. The genes found in the human body are made of nucleic acid. The particular gene with which the patent in suit is concerned (BRCA1) is a human breast and ovarian cancer disposing gene. Various mutations that may be present in this gene have been linked to various forms of cancer including breast cancer and ovarian cancer.' The judge held in this particular case that Myriad Genetics’ patent claims were a "manner of manufacture" under s 6 of the Statute of Monopolies and s 18(1)(a) of the Patents Act 1990 (Cth). The matter is currently under appeal in the Full Court of the Federal Court of Australia. This article interprets the dispute over Myriad Genetics in light of the scholarly work of Nobel Laureate Professor Joseph Stiglitz on inequality. Such work has significant explanatory power in the context of intellectual property and biotechnology. First, Stiglitz has contended that "societal inequality was a result not just of the laws of economics, but also of how we shape the economy — through politics, including through almost every aspect of our legal system". Stiglitz is concerned that "our intellectual property regime … contributes needlessly to the gravest form of inequality." He maintains: "The right to life should not be contingent on the ability to pay." Second, Stiglitz worries that "some of the most iniquitous aspects of inequality creation within our economic system are a result of 'rent-seeking': profits, and inequality, generated by manipulating social or political conditions to get a larger share of the economic pie, rather than increasing the size of that pie". He observes that "the most iniquitous aspect of this wealth appropriation arises when the wealth that goes to the top comes at the expense of the bottom." Third, Stiglitz comments: "When the legal regime governing intellectual property rights is designed poorly, it facilitates rent-seeking" and "the result is that there is actually less innovation and more inequality." He is concerned that intellectual property regimes "create monopoly rents that impede access to health both create inequality and hamper growth more generally." Finally, Stiglitz has recommended: "Government-financed research, foundations, and the prize system … are alternatives, with major advantages, and without the inequality-increasing disadvantages of the current intellectual property rights system.’" This article provides a critical analysis of the Australian litigation and debate surrounding Myriad Genetics’ patents in respect of genetic testing for BRCA1. First, it considers the ruling of Nicholas J in the Federal Court of Australia that Myriad Genetics’ patent was a manner of manufacture as it related to an artificially created state of affairs, and not mere products of nature. Second, it examines the policy debate over gene patents in Australia, and its relevance to the litigation involving Myriad Genetics. Third, it examines comparative law, and contrasts the ruling by Nicholas J in the Federal Court of Australia with developments in the United States, Canada, and the European Union. Fourth, this piece considers the reaction to the decision of Nicholas at first instance in Australia. Fifth, the article assesses the prospects of an appeal to the Full Federal Court of Australia over the Myriad Genetics’ patents. Finally, this article observes that, whatever happens in respect of litigation against Myriad Genetics, there remains controversy over Genetic Technologies Limited. The Melbourne firm has been aggressively licensing and enforcing its related patents on non-coding DNA and genomic mapping.

Intellectual property and climate change: Inventing clean technologies

In the wake of the international summits in Copenhagen and Cancún, there is an urgent need to consider the role of intellectual property law in encouraging research, development, and diffusion of clean technologies to mitigate and adapt to the effects of climate change. This book charts the patent landscapes and legal conflicts emerging in a range of fields of innovation – including renewable forms of energy, such as solar power, wind power, and geothermal energy; as well as biofuels, green chemistry, green vehicles, energy efficiency, and smart grids. As well as reviewing key international treaties, this book provides a detailed analysis of current trends in patent policy and administration in key nation states, and offers clear recommendations for law reform. It considers such options as technology transfer, compulsory licensing, public sector licensing, and patent pools; and analyses the development of Climate Innovation Centres, the Eco-Patent Commons, and environmental prizes, such as the L-Prize, the H-Prize, and the X-Prizes. This book will have particular appeal to policy-makers given its focus upon recent legislative developments and reform proposals, as well as legal practitioners by developing a better understanding of recent legal, scientific, and business developments, and how they affect their practice. Innovators, scientists and researchers will also benefit from reading this book.

Ticking the box and closing the loop: Can dialogue be mandated?

Dialogue is a spontaneous, free-flowing, and untrammeled form of two-way communication between participants who respect, trust, and empathize with each other. Its ethical superiority and effectiveness in bringing participants together mean it is an important aspect of organizational responses to increasingly-empowered stakeholders. But what happens when dialogue is legally mandated between participants who view each other as a problem, if not actually the enemy? When dialogue is perceived as a contest with the winner securing the prize of dictating organizational behavior? Is this – can this ever be – dialogue? Sometimes what happens in the name of dialogue is far from dialogic, and ‘dialogue’ is reduced to ticking a box on a form, or closing a communication loop. This challenges those very characteristics that are the basis of dialogue’s claim to superiority. This conclusion demonstrates the need for a radical reconsideration of both the theory and practice of dialogue in public relations.

Empire, Tourism, Nostalgia: Joseph Brodsky and Travel Writing

Joseph Brodsky, one of the most influential Russian intellectuals of the late Soviet period, was born in Leningrad in 1940, emigrated to the United States in 1972, received the Nobel Prize for Literature in 1987, and died in New York City in 1996. Brodsky was one of the leading public figures of Soviet emigration in the Cold War period, and his role as a model for the constructing of Russian cultural identities in the last years of the Soviet Union was, and still is, extremely important. One of Joseph Brodsky’s great contributions to Russian culture of the latter half of the twentieth century is the wide geographical scope of his poetic and prose works. Brodsky was not a travel writer, but he was a traveling writer who wrote a considerable number of poems and essays which relate to his trips and travels in the Soviet empire and outside it. Travel writing offered for Brodsky a discursive space for negotiating his own transculturation, while it also offered him a discursive space for making powerful statements about displacement, culture, history and geography, time and space—all major themes of his poetry. In this study of Joseph Brodsky’s travel writing I focus on his travel texts in poetry and prose, which relate to his post-1972 trips to Mexico, Brazil, Turkey, and Venice. Questions of empire, tourism, and nostalgia are foregrounded in one way or another in Brodsky’s travel writing performed in emigration. I explore these concepts through the study of tropes, strategies of identity construction, and the politics of representation. The theoretical premises of my work draw on the literary and cultural criticism which has evolved around the study of travel and travel writing in recent years. These approaches have gained much from the scholarly experience provided by postcolonial critique. Shifting the focus away from the concept of exile, the traditional framework for scholarly discussions of Brodsky’s works, I propose to review Brodsky’s travel poetry and prose as a response not only to his exilic condition but to the postmodern and postcolonial landscape, which initially shaped the writing of these texts. Discussing Brodsky’s travel writing in this context offers previously unexplored perspectives for analyzing the geopolitical, philosophical, and linguistic premises of his poetic imagination. By situating Brodsky’s travel writing in the geopolitical landscape of postcolonial postmodernity, I attempt to show how Brodsky’s engagement with his contemporary cultural practices in the West was incorporated into his Russian-language travel poetry and prose and how this engagement thus contributed to these texts’ status as exceptional and unique literary events within late Soviet Russian cultural practices.

Closed Systems

Closed Systems was an exhibition of sculptural works held at MetroArts, Brisbane in the group exhibition 'Platform 2012' curated by Jan Manton. My contribution to the group show was a series of 13 bronze sculptures, produced using a lost-wax casting process. Each form was derived from a sapling that had been manipulated so that branches and roots were interconnected. The resulting 'looped' forms evoked notions on narcissism, self-absorption and introversion. The works were subsequently exhibited at the National Arts School in Sydney as part of the Kodak Minolta Art Prize (2013).

Albert Einstein with Robert Andrews Millikan, Albert Michelson and unidentified men; Pasadena, California Portraits Groups; Men

Digital Image

Schoolman family papers, undated, 1889-1994

The Schoolman Papers reflect Dr. Albert P. and Mrs. Bertha Schoolmans' staunch dedication to Jewish education, Jewish causes, and Israel. Bertha Schoolman, a lifelong member of Hadassah, assisted thousands of Israeli youth as chairman of the Youth Aliyah Committee. Her diaries, photos, scrapbooks, and correspondence record her numerous visits to Israel on which she helped set up schools, met with Israeli dignitaries, and participated in Zionist Conferences and events. The collection includes a 1936 letter from Hadassah founder, Henrietta Szold, praising Mrs. Schoolman's work as well as a letter from the father of Anne Frank, thanking Mrs. Schoolman for naming a Youth Aliyah center the "Anne Frank Haven" after his later daughter.

Editorial of "International Journal of Critical Indigenous Studies Volume 4, Number 1, 2011"

This special edition of the International Journal of Critical Indigenous Studies highlights the work of emerging scholars in the field of Indigenous Studies. The five featured authors were all finalists for the prize awarded by the Native American and Indigenous Studies Association (NAISA) to the best post-graduate student paper at the NAISA meeting held in 2010 in Tucson, Arizona. While the breadth of scholarship encompassed by the term ‘Indigenous Studies’ and the global representation of Indigenous peoples at NAISA mean that the topics and approaches vary widely, a common thematic of fraught post-colonial relations can be discerned within all five articles.

Liberty

In terms of critical discourse, Liberty contributes to the ongoing aesthetic debate on ‘the sublime.’ Philosopher Immanuel Kant (1724–1804) defined the sublime as a failure of rationality in response to sensory overload: a state where the imagination is suspended, without definitive reference points—a state beyond unequivocal ‘knowing.’ I believe the events of September 11, 2001 eluded our understanding in much the same way, leaving us in a moment of suspension between awe and horror. It was an event that couldn’t be understood in terms of scope or scale. It was a moment of overload, which is so difficult to capture in art. With my work I attempt to rekindle that moment of suspension. Like the events of 9/11, Liberty defies definition. Its form is constantly changing; it is always presenting us with new layers of meaning. Nobody quite had a handle on the events that followed 9/11, because the implications were constantly shifting. In the same way, Liberty cannot be contained or defined at any moment in time. Like the events of 9/11, the full story cannot be told in a snapshot. One of the dictionary definitions for the word ‘sublime’ is the conversion of ‘a solid substance directly into a gas, without there being an intermediate liquid phase’. With this in mind, I would like to present Liberty as a work that is literally ‘sublime.’ But what’s really interesting to me about Liberty is that it presents the sublime on all levels: in its medium, in its subject matter (that moment of suspension), and in its formal (formless) presentation. On every level Liberty is sublime—subverting all tangible reference points and eluding capture entirely. Liberty is based on the Statue of Liberty in New York. However, unlike that statue which has stood in New York since 1886 and can be reasonably expected to stand for millennia, this work takes on diminishing proportions, carved as it is in carbon dioxide, a mysterious, previously unexplored medium—one which smokes, snows and dramatically vanishes into a harmless gas. Like the material this work is carved from, the civil liberties of the free world are diminishing fast, since 9/11 and before. This was my thought when I first conceived this work. Now it’s become evident that Liberty expresses a lot more than just this: it demonstrates the erosion of civil liberties, yes. However, it also presents the intangible, indefinable moments in the days and months that followed 9/11. The sculptural work will last for only a short time, and thereafter will exist only in documentation. During this time, the form is continually changing and self-refining, until it disappears entirely, to be inhaled, metabolised and literally taken to heart by viewers.

Der Friedensnobelpreistraeger Carl von Ossietzky.

Seminar paper about the journalist and Nobel Prize recipient Carl von Ossietzky (b. 1889 in Hamburg)

The last avant-garde?: Disability arts and (rethinking) mobility

Taking as its starting point a remark by Turner Prize nominee Yinka Shonibare that disability arts is “the last avant garde”, this panel focuses on the role of aesthetic experimentation in disability arts and the possible rethinking of the relationship between avant-garde aesthetic strategies and inclusive arts. Points of connection between the avant-garde and disability arts include a rejection of traditional aesthetic forms, the development of aesthetic strategies appropriate to non-normative bodies, politics and populations and the implications of these ideas for the conference themes. This panel is intended as a facilitated discussion involving researchers and artists undertaking work in this area. The panel will begin with some brief provocations reflecting on the implication of Shonibare’s comment. For example, Gerard Goggin will discuss three projects by Antoni Abad with artists and activists with disability in Barcelona, Geneva and Montreal as part of Abad’s Megaphone project, a decade-long, global digital art project. Bree Hadley will speak on performative interventions in public space, performance art, live art, activism and culture hacking by artists with disabilities, such as pwd's online performances, and artist’s performative responses to the austerity agenda in the US, UK, and Australasia. Eddie, Lachlan and Sarah will discuss ideas arising from their work on the project Beyond Access: The Creative Case for Inclusive Arts, which involved research with six Melbourne-based artists/artistic companies with disability, supported by Arts Access Victoria. Chair: Dr Eddie Paterson (School of Culture and Communication, Faculty of Arts, University of Melbourne) Dr Bree Hadley (Creative Industries, QUT) Professor Gerard Goggin (Professor of Media and Communication and ARC Future Fellow, University of Sydney) Dr Lachlan MacDowall (Head, Centre for Cultural Partnerships, University of Melbourne). Sarah Austin (PhD candidate, Theatre/Centre for Cultural Partnerships, VCA and MCM) Artists (tbc, based on existing relationships with artists developed in the Beyond Access research).

Aportes teóricos de la psicología cognitiva para la construcción de una nueva economía científica

Resumen: El presente ensayo teórico se orienta a revisar las concepciones de sujeto de uno de los sistemas teóricos de economía-política que han tenido mayor influencia hasta el presente. El padre del liberalismo (Adam Smith) sustentó una teoría de sujeto cartesiano (moderno), es decir, un verdadero sapiens sapiens racional y autoconsciente. A través de la psicología cognitiva, los Premios Nobel en economía Kanheman y Tversky presentan una nueva variante de homoeconomicus, enriquecida con aportes de la ciencia experimental, modificando sustancialmente aquella vieja concepción de hombre como ser racional que signó casi todo el pensamiento moderno. Dadas estas “recientes revisiones” teórico-metodológicas, gestadas a la luz de la denominada ciencia de la mente, es que se hace indispensable re-pensar las viejas nociones de sujeto que sirvieron de cimiento al sistema económico y político, antes citadas. Para tal fin, se propone efectuar una sinergia teórico-metodológica entre dos disciplinas científicas: la economía y la psicología. Dicho sincretismo podría proporcionar las bases para una nueva disciplina científica integradora, que muchos teóricos ya han denominado neuro-economía. Es por esto que en el presente trabajo se propone realizar una crítica fundamentada de una de las teorías económicas vigentes, haciendo principal hincapié en los supuestos psicológicos y antropológicos. Finalmente, se intenta re-pensar un nuevo modelo de homoeconomicus, articulando los principales supuestos de la economía actual con algunos de los aportes de la psicología cognitiva, la biología y las neurociencias cognitivas, que redunde en un nuevo paradigma integrador denominado psiconeuro- economía.

Money buys happiness in constant payments

Resumen: Nobody doubts that money buys at least some happiness. The question is how and why. This study answers that question. Some university students were asked to imagine they would win a one million dollars prize payable in five yearly payments, and to choose what plan –an increasing, constant, or decreasing payments plan– would make them happier. They were also asked why, and what would they spend the money on. The findings suggest that money buys happiness in constant payments because of better expense management on basic goods. And they provide converging evidence that money promotes happiness when spent on others.

PICES Press, Vol. 14, No. 2, July 2006

The 2006 inter-sessional Science Board and Governing Council meeting: A note from the Chairman (pdf, 0.1 Mb) Future Integrative Science Program – Progress report (pdf, 0.2 Mb) Big-picture synthesis requires understanding the small and "in-between" stuff - A summary of the CCCC Synthesis Symposium (pdf, 0.4 Mb) PICES Calendar (pdf, 0.4 Mb) Integration of ecological indicators for the North Pacific with emphasis on the Bering Sea (pdf, 0.2 Mb) Time series of the Northeast Pacific: A symposium to mark the 50th anniversary of Line-P (pdf, 0.1 Mb) PICES hosts an ESSAS workshop in St. Petersberg, Russia (pdf, 0.2 Mb) Professor Mikhail N. Koshlyakov (pdf, 0.5 Mb) The state of the western North Pacific in the second half of 2005 (pdf, 0.8 Mb) Recent trends in waters of the subarctic NE Pacific (pdf, 0.2 Mb) Unusual invertebrates and fish observed in the Gulf of Alaska, 2004-2005 (pdf, 0.1 Mb) The Bering Sea: Current status and recent events (pdf, 0.2 Mb) The Year of the Euphausiid (pdf, 0.01 Mb) Michio J. Kishi awarded 2005 Uda Prize by the Japan Society of Fisheries Oceanography (pdf, 0.03 Mb)

PICES Press, Vol. 9, No. 1, January 2001

The state of PICES science – 2000 [pp. 1-2] [pdf, 0.6 Mb] The state of the western North Pacific in the first half of 2000 [pp. 3-5] [pdf, 0.7 Mb] The status of the Bering Sea: January – August 2000 [pp. 6-7] [pdf, 0.3 Mb] The state of the eastern North Pacific since spring 2000 [pp. 8-9] [pdf, 0.4 Mb] Makoto Kashiwai [pp. 10-14] [pdf, 0.9 Mb] Alkalinity measurement quality improves for PICES nations [pp. 15-16] [pdf, 0.4 Mb] Dr. Timothy R. Parsons Awarded 2001 Japan Prize [p. 17] [pdf, 0.2 Mb] Highlights of the PICES Nineth Annual Meeting [pp. 18-19] [pdf, 0.4 Mb] Tangible outline of the whole elephant (Results of ecosystem studies of biological resources in the far-eastern seas in 1990s) [pp. 20-24] [pdf, 0.7 Mb] The Oshoro Maru: A short history of Hokkaido University's workhorse in the North Pacific [pp. 25-28] [pdf, 0.4 Mb] Bering Sea and North Pacific Ocean Theme Page [pp. 29-30] [pdf, 0.3 Mb] PICES IX Japan/East Sea cruise [pp. 31-34] [pdf, 1.1 Mb] 35 PICES Wooster Award [p. 35] [pdf, 0.2 Mb] PICES Intern Program [p. 35] [pdf, 0.2 Mb] Obituary - Prof. Michael M. Mulin [p. 36] [pdf, 0.2 Mb]