Patent law and biological inventions

In response to scientific breakthroughs in biotechnology, the development of new technologies, and the demands of a hungry capitalist marketplace, patent law has expanded to accommodate a range of biological inventions. There has been much academic and public debate as to whether gene patents have a positive impact upon research and development, health-care, and the protection of the environment. In a satire of prevailing patenting practices, the English poet and part-time casino waitress, Donna MacLean, sought a patent application - GB0000180.0 - in respect of herself. She explained that she had satisfied the usual patent criteria - in that she was novel, inventive, and useful: It has taken 30 years of hard labor for me to discover and invent myself, and now I wish to protect my invention from unauthorized exploitation, genetic or otherwise. I am new: I have led a private existence and I have not made the invention of myself public. I am not obvious (2000: 18). MacLean said she had many industrial applications. 'For example, my genes can be used in medical research to extremely profitable ends - I therefore wish to have sole control of my own genetic material' (2000: 18). She observed in an interview: 'There's a kind of unpleasant, grasping, greedy atmosphere at the moment around the mapping of the human genome ... I wanted to see if a human being could protect their own genes in law' (Meek, 2000). This special issue of Law in Context charts a new era in the long-standing debate over biological inventions. In the wake of the expansion of patentable subject matter, there has been great strain placed upon patent criteria - such as 'novelty', 'inventive step', and 'utility'. Furthermore, there has been a new focus upon legal doctrines which facilitate access to patented inventions - like the defence of experimental use, the 'Bolar' exception, patent pooling, and compulsory licensing. There has been a concerted effort to renew patent law with an infusion of ethical principles dealing with informed consent and benefit sharing. There has also been a backlash against the commercialisation of biological inventions, and a call by some activists for the abolition of patents on genetic inventions. This collection considers a wide range of biological inventions - ranging from micro-organisms, plants and flowers and transgenic animals to genes, express sequence tags, and research tools, as well as genetic diagnostic tests and pharmaceutical drugs. It is thus an important corrective to much policy work, which has been limited in its purview to merely gene patents and biomedical research. This collection compares and contrasts the various approaches of a number of jurisdictions to the legal problems in respect of biological inventions. In particular, it looks at the complexities of the 1998 European Union Directive on the Legal Protection of Biotechnological Inventions, as well as decisions of member states, such as the Netherlands, and peripheral states, like Iceland. The edition considers US jurisprudence on patent law and policy, as well as recent developments in Canada. It also focuses upon recent developments in Australia - especially in the wake of parallel policy inquiries into gene patents and access to genetic resources.

Differences in identifying healthcare associated infections using clinical vignettes and the influence of respondent characteristics: A cross-sectional survey of Australian infection prevention staff

Background Australia has commenced public reporting and benchmarking of healthcare associated infections (HAIs), despite not having a standardised national HAI surveillance program. Annual hospital Staphylococcus aureus bloodstream (SAB) infection rates are released online, with other HAIs likely to be reported in the future. Although there are known differences between hospitals in Australian HAI surveillance programs, the effect of these differences on reported HAI rates is not known. Objective To measure the agreement in HAI identification, classification, and calculation of HAI rates, and investigate the influence of differences amongst those undertaking surveillance on these outcomes. Methods A cross-sectional online survey exploring HAI surveillance practices was administered to infection prevention nurses who undertake HAI surveillance. Seven clinical vignettes describing HAI scenarios were included to measure agreement in HAI identification, classification, and calculation of HAI rates. Data on characteristics of respondents was also collected. Three of the vignettes were related to surgical site infection and four to bloodstream infection. Agreement levels for each of the vignettes were calculated. Using the Australian SAB definition, and the National Health and Safety Network definitions for other HAIs, we looked for an association between the proportion of correct answers and the respondents’ characteristics. Results Ninety-two infection prevention nurses responded to the vignettes. One vignette demonstrated 100 % agreement from responders, whilst agreement for the other vignettes varied from 53 to 75 %. Working in a hospital with more than 400 beds, working in a team, and State or Territory was associated with a correct response for two of the vignettes. Those trained in surveillance were more commonly associated with a correct response, whilst those working part-time were less likely to respond correctly. Conclusion These findings reveal the need for further HAI surveillance support for those working part-time and in smaller facilities. It also confirms the need to improve uniformity of HAI surveillance across Australian hospitals, and raises questions on the validity of the current comparing of national HAI SAB rates.

Podiatry scope of practice: The role of gender in identification as a specialist

Background Ensuring efficient and effective delivery of health care to an aging population has been a major driver for a review of the health workforce in Australia. As part of this review a new National Registration and Accreditation Scheme (NRAS) has evolved with one goal being to improve workforce flexibility. With increased flexibility there have been discussions about the role specialist scopes of practice plays. This study explored the role of gender and other work related characteristics in relation to contemporary scope of podiatry practice and specialisation in Australia. Methods A cross sectional survey was administered through an on-line survey tool on behalf of the Australasian Podiatry Council. Descriptive data was collected over a three-week period. Queensland University of Technology Human Research Ethics approval was sought and confirmed exemption from review, exemption number 1400000791. Results Of the podiatrists participating in this survey (n=218), they were predominately female (66%), early career (34%, 0-9 years) and work in private practices (78%) in multi-podiatrists centres (41%). Relationship between clinical activities performed and “self-perception” of performing a “specialist role” was significant for practitioners who undertook treatment of specific patient groups. The largest area of interest was biomechanics (n=65), followed closely by diabetes (n=61), a third area identified was paediatrics (n=26). Self-perception of specialist status was compared with gender, years of experience, location, primary work environment and clinical practice. When practitioners are asked to categorise themselves to be either “generalist” or “specialist/ generalist with a special interest” podiatrist, male gender was identified as being the only factor which would predict perception of status; 64% males identified as specialist, as opposed to 49% of female survey respondents (Chi square, df = 1, P = 0.044). Self-perception of specialist status was not explained by years of experience, location, working in rural versus urban environment, state worked in, or part-time/full-time work status. Conclusions In conclusion; gender, work environment plus area of interest form a complex relationship, which appear to influence both perception and reality of service provision. Incorporation of specialisation activity (surgical podiatry along with endorsement for use of scheduled medicines) will have lasting impact on the scope of the podiatry profession in Australia. To meet community expectation and maintain high standards, the addition of new subspecialties may be indicated.

Erityisopetus muutoksen kynnyksellä - tilastollinen kuvaus erityisopetusjärjestelmästä ja sen määrällisestä kehityksestä 1970-luvun lopulta vuoteen 2008

The number of Finnish pupils attending special education has increased for more than a decade (Tilastokeskus 1999, 2000, 2001, 2003, 2004, 2005a, 2006b, 2007b, 2008b, 2008e, 2009b; Virtanen ja Ratilainen 1996). In the year 2007 nearly third of Finnish comprehensive school pupils took part in special needs education. According to the latest statistics, in the autumn of 2008 approximately 47 000 pupils have been admitted or transferred to special education and approximately 126 000 pupils received part-time special education during the 2007 - 2008 academic year. (Tilastokeskus 2008b, 2009b.) The Finnish special education system is currently under review. The Reform, both in legislation and in practice, began nationwide in the year 2008 (e.g. Special education strategy document, November 2007 and the development project Kelpo). The aim of the study was the statistical description of the Finnish special education system and on the other hand to gain a deeper understanding about the Finnish special education system and its quantitative increase, by analysis based on the nationwide statistical information. Earlier studies have shown that the growth in special education is affected by multiple independent variables and cannot be solely explained by the pupil characteristics. The statistical overview and analysis have been carried out in two parts. In the first part, the description and analysis were based on statistical time series from the academic year 1979 -1980 until 2008. While, in the second, more detailed description and analysis, based on comparable time series from 1995 to 2008 and from 2001-2002 to 2007-2008, is presented. Historical perspective was one part of this study. There was an attempt to find reasons explaining the observed growth in the special needs education from late 1960s to 2008. The majority of the research was based on the nationwide statistics information. In addition to this, materials including educational legislation literature, different kind of records of special education and preceding studies were also used to support the research. The main results of the study, are two statistical descriptions and time series analysis of the quantitative increase of the special needs education. Further, a summary of the plausible factors behind the special education system change and its quantitative increase, is presented. The conclusions coming from the study can be summarised as follows: the comparable statistical time series analysis suggests that the growth in special education after the year 1999 could be a consequence of the changes in the structure of special education and that new group of pupils have been directed to special needs education. Keywords: Special education, comprehensive school, description, statistics, change

Dr. Margarethe Rosenberg with her camera.

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Dr. Margarethe Rosenberg with her camera; Mount Vernon, New York.

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Dr. Margarethe Rosenberg with her camera.

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(Self?) Portraits of Dr. Margarethe Rosenberg.

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Career patterns: A twenty-year panel study

Using 20 years of employment and job mobility data from a representative German sample (N = 1259), we employ optimal matching analysis (OMA) to identify six career patterns which deviate from the traditional career path of long-term, full-time employment in one organization. Then, in further analyses, we examine which socio-demographic predictors affect whether or not individuals follow that traditional career path. Results indicate that age, gender, marital status, number of children, education, and career starts in the public sector significantly predicted whether or not individuals followed the traditional career path. The article concludes with directions for future theoretical and methodological research on career patterns.

Staubkorn im Sandsturm.

Fate of the Jewish physician Karl Goldberg, novel written in 1944. Novel is only partially autobiographical.

Can teacher collaboration overcome barriers to interdisciplinary learning in a disciplinary university? A case study using climate change

A teacher network was formed at an Australian university in order to better promote interdisciplinary student learning on the complex social-environmental problem of climate change. Rather than leaving it to students to piece together disciplinary responses, eight teaching academics collaborated on the task of exposing students to different types of knowledge in a way that was more than the summing of disciplinary parts. With a part-time network facilitator providing cohesion, network members were able to teach into each other’s classes, and share material and student activities across a range of units that included business, zoology, marine science, geography and education. Participants reported that the most positive aspects of the project were the collegiality and support for teaching innovation provided by peers. However, participants also reported being time-poor and overworked. Maintaining the collaboration beyond the initial one year project proved difficult because without funding for the network facilitator, participants were unable to dedicate the time required to meet and collaborate on shared activities. In order to strengthen teacher collaboration in a university whose administrative structures are predominantly discipline-based, there is need for recognition of the benefits of interdisciplinary learning to be matched by recognition of the need for financial and other resources to support collaborative teaching initiatives.

Survival in the Rainforest : Change and Resilience among the Punan Vuhang of Eastern Sarawak, Malaysia

This dissertation concerns the Punan Vuhang, former hunter-gatherers who are now part-time farmers living in an area of remote rainforest in the Malaysian state of Sarawak. It covers two themes: first, examining their methods of securing a livelihood in the rainforest, and second looking at their adaptation to a settled life and agriculture, and their response to rapid and large-scale commercial logging. This study engages the long-running debates among anthropologists and ecologists on whether recent hunting-gathering societies were able to survive in the tropical rainforest without dependence on farming societies for food resources. In the search for evidence, the study poses three questions: What food resources were available to rainforest hunter-gatherers? How did they hunt and gather these foods? How did they cope with periodic food shortages? In fashioning a life in the rainforest, the Punan Vuhang survived resource scarcity by developing adaptive strategies through intensive use of their knowledge of the forest and its resources. They also adopted social practices such as sharing and reciprocity, and resource tenure to sustain themselves without recourse to external sources of food. In the 1960s, the Punan Vuhang settled down in response to external influences arising in part from the Indonesian-Malaysian Confrontation. This, in turn, initiated a series of processes with political, economic and religious implications. However, elements of the traditional economy have remained resilient as the people continue to hunt, fish and gather, and are able to farm on an individual basis, unlike neighboring shifting cultivators who need to cooperate with each other. At the beginning of the 21st century, the Punan Vuhang face a new challenge arising from the issue of rights in the context of the state and national law and large-scale commercial logging in their forest habitat. The future seems bleak as they face the social problems of alcoholism, declining leadership, and dependence on cash income and commodities from the market.

"Ei sitä ainakaan helpommaksi tehdä sairaan opiskelijan elämää" : Pitkäaikaissairaiden kokemuksia korkeakoulutuksen esteistä ja mahdollisuuksista

This study examines the experiences of students with chronic illnesses in higher education. I chose to study rheumatic and other musculoskeletal diseases because they are group of diseases that are nationally significant in Finland. From students experiences I do interpretation of their agency. My research problems are: What kind of obstacles and possibilities student with chronic illness experiences in studying? What kind of obstacles illness set up for the agency or does it set any? How agency of student with chronic illness shows in the context of the university? I collected the data by using interview and focus group method. Additionally I had different kinds of documents of accessibility and equality in the university. Interviews were like halfstructured theme and open interviews. Focus group method I have applied. All the people that participated in the study were students from the university of Helsinki. They all have rheumatic or other musculoskeletal diseases. I have five interviewees and the group consisted of two people and the researcher. In the data analysis I use categorizing by the themes. Students that participated in my study spoke about their pain related experiences of their illness which also connected to their experiences of the higher education. Students agencies were limited the more they experienced pain. Pain forces students to certain activity one actions avoidance and another s favouring. If part-time studying would have been possible economically, it would have made the life easier for a part of the students. Students were aware of the available resources of their body for some of the students illness and life control set challenge and for some it set conditions. Students thought that university education is more possible to them than vocational education. Students didn t feel their own body limited in the context of university that emphasize intellectual and knowledge connected values and some of the students had reversed their illness as a resource of studying. However students felt their illness as a private matter and they considered illness profit and disadvantage before telling about it, which I interpretated limiting students agencies. In the university terms of students agencies were bond to individuality that came up in positive and negative. Freedom of studying was positive but official and individual study accommodations made agency bounded. Majority of the students didn t see possibilities to do differently in the university s practice but some of the students had recognised values underneath the practices that made it possible to reflect them, do differently and made space for agency.

Suomi toisena kielenä vai lukivaikeus? : Luokanopettajien käsityksiä oppilaiden kielellisistä vaikeuksista

Goals. Immigrant pupils are over-represented in special education. Linguistic difficulties are the most pivotal reasons for social exclusion of immigrant pupils during their school career. Addedly reading, writing, and language development disorders are the most common reasons for both part-time and extensive special education. I studied class teachers' perceptions of the typical linguistic difficulties of pupils who speak Finnish as their second language and of those who have dyslexia, because I suspect that telling the difference between linguistic competency in progress and the symptoms of dyslexia isn't easy. I look for overlappings in the perceptions of linguistic difficulties, their causes and their support measures, which would reveal the challenges in recognizing linguistic difficulties, which in turn might partly explain why immigrant pupils are over-represented in special education. Methods. This study was carried out as structured individual interviews with nine class teachers from the Helsinki Metropolitan Area. To increase reliability, complementary information was gathered about the same phenomenon with a questionnaire that each interviewee filled out at the end of the interview. It was required that the interviewees have experience of teaching both dyslexic pupils and pupils who speak Finnish as a second language. The material analysis was mainly deductive, but the material that wasn't in line with the theoretical frame of reference was analyzed inductively. Results and conclusions. There were overlappings in the class teachers' perceptions of the linguistic difficulties, support measures fitting them and, based on the questionnaire results, also of the causes of these difficulties. Additionally all the interviewees said it to be difficult to recognize dyslexia in a pupil who speaks Finnish as a second language. I came to the conclusion that distinguishing different linguistic difficulties from one another is a challenge to which class teachers don't always feel competent to rise, which is why they consider the assistance of special teachers and other professionals beneficial.

The effect of flexibility in working hours on fertility: A comparative analysis of selected european countries

The main aim of this paper is to measure the extent to which part-time work enhances fertility for married or cohabiting women of fertile age. The study covers eleven European countries. The data used are a pool sample of five waves of the European Community Household Panel. Given that we believe that the decisions concerning fertility and labor market status are taken jointly, we carry out a simultaneous estimation approach. Results suggest that policy makers wishing to implement adequate part-time schedules so as to enhance fertility should look at the part-time schedules available in Belgium, Ireland and The Netherlands, which enhance fertility for women who take advantage of this flexibility measure so as to reconcile family and work.