Preserving patent policy space and securing access to medicines in developing countries: the role of states and pharmaceutical corporations

This thesis examines the tension between patent rights and the right to health and it recognizes patent rights on pharmaceutical products as one of the factors responsible for the problem of lack of access to affordable medicines in developing countries. The thesis contends that, in order to preserve their patent policy space and secure access to affordable medicines for their citizens, developing countries should incorporate a model of human rights into the design, implementation, interpretation, and enforcement of their national patent laws. The thesis provides a systematic analysis of court decisions from four key developing countries (Brazil, India, Kenya, and South Africa) and it assesses how the national courts in these countries resolve the tension between patent rights and the right to health. Essentially, this thesis demonstrates how a model of human rights can be incorporated into the adjudication of disputes involving patent rights in national courts. Focusing specifically on Brazil, the thesis equally demonstrates how policy makers and law makers at the national level can incorporate a model of human rights into the design or amendment of their national patent law. This thesis also contributes to the ongoing debate in the field of business and human rights with regard to the mechanisms that can be used to hold corporate actors accountable for their human rights responsibilities. This thesis recognizes that, while states bear the primary responsibility to respect, protect, and fulfil the right to health, corporate actors such as pharmaceutical companies also have a baseline responsibility to respect the right to health. This thesis therefore contends that pharmaceutical companies that own patent rights on pharmaceutical products can be held accountable for their right to health responsibilities at the national level through the incorporation of a model of civic participation into a country’s patent law system.

Options to renew leases: time for legislative relief?

Argues that England should follow the example of Australia and New Zealand and give the courts statutory power to grant a tenant relief against forfeiture of the right to exercise an option to renew a lease by reason of the tenant being in breach of covenant. Suggests the legislative provision introducing this power should adopt wording mirroring that in the Law of Property Act 1925 s.146(2).

Duty to mitigate in leasehold law

Discusses by reference to case law, including Commonwealth authorities, the rights and duties of landlords where demised premises are abandoned by a tenant who has defaulted on the rent, including the remedies available to the landlord, the limitations on his right to sue for loss of rent due between abandonment and expiration of the term, and the applicability of the contractual doctrine of mitigation of damages in leasehold law. Examines the Court of Appeal decision in Reichman v Beveridge on the duty of mitigate loss in an action merely seeking recovery of rent as it accrues due.

A price worth paying?: Women and work – choice, constraint or satisficing

Purpose – Are women held back or holding back? Do women choose their jobs/careers or are they structurally or normatively constrained? The purpose of this paper is to shed fresh light on these questions and contribute to an on-going debate that has essentially focused on the extent to which part-time work is women’s choice, the role of structural and organisational constraints and the role of men in excluding women. Design/methodology/approach – The paper uses data from interviews with 80 working women – both full-time and part-time – performing diverse work roles in a range of organisations in the south east of England. Findings – It was found that many women do not make strategic job choices, rather they often ‘‘fall into’’ jobs that happen to be available to them. Some would not have aspired to their present jobs without male encouragement; many report incidents of male exclusion; and virtually all either know or suspect that they are paid less than comparable men. Those working reduced hours enjoy that facility, yet they are aware that reduced hours and senior roles are seen as incompatible. In short, they recognise both the positive and negative aspects of their jobs, whether they work full or part-time, whether they work in male-dominated or female-dominated occupations, and whatever their position in the organisational hierarchy. Accordingly, the paper argues that the concept of ‘‘satisficing’’, i.e. a decision which is good enough but not optimal, is a more appropriate way to view women’s working lives than are either choice or constraint theories. Originality/value – There is an ongoing, and often polarised, debate between those who maintain that women choose whether to give preference to work or home/family and others who maintain that women, far from being self-determining actors, are constrained structurally and normatively. Rather than supporting these choice or constraint theories, this paper argues that ‘‘satisficing’’ is a more appropriate and nuanced concept to explain women’s working lives.

Horsham Properties Group Ltd v Clark: possession - mortgagee's right or discretionary remedy?

Comments on the Chancery Division decision in Horsham Properties Group Ltd v Clark on whether a mortgagee's exercise of its contractual right, on the mortgagor falling into arrears, to appoint receivers such that the property could be sold and possession obtained without triggering the court's discretionary powers pursuant to the Administration of Justice Act 1970 s.36 infringed the mortgagor's rights under the European Convention on Human Rights 1950 Protocol 1 art.1. Considers the implications of proposed reforms recasting the mortgagee's right to possession as a discretionary remedy. [From Legal Journals Index]

"Practise what we preach": a social constructivist approach to blended learning

This presentation reports on the formal evaluation, through questionnaires, of a new Level 1 undergraduate course, for 130 student teachers, that uses blended learning. The course design seeks to radicalise the department’s approach to teaching, learning and assessment and use students as change agents. Its structure and content, model social constructivist approaches to learning. Building on the student’s experiences of and, reflections on, previous learning, promotes further learning through the support of “able others” (Vygotsky 1978), facilitating and nurturing a secure community of practice for students new to higher education. The course’s design incorporates individual, paired, small and large group activities and exploits online video, audio and text materials. Course units begin and end with face-to-face tutor-led activities. Online elements, including discussions and formative submissions, are tutor-mediated. Students work together face-to-face and online to read articles, write reflections, develop presentations, research and share experiences and resources. Summative joint assignments and peer assessments emphasise the value of collaboration and teamwork for academic, personal and professional development. Initial informal findings are positive, indicating that students have engaged readily with course content and structure, with few reporting difficulties accessing or using technology. Students have welcomed the opportunity to work together to tackle readings in a new genre, pilot presentation skills and receive and give constructive feedback to peers. Course tutors have indicated that depth and quality of study are evident, with regular online formative submissions enabling tutors to identify and engage directly with student’s needs, provide feedback and develop appropriately designed distance and face-to-face teaching materials. Pastoral tutors have indicated that students have reported non-engagement of peers, leading to the rapid application of academic or personal support. Outcomes of the formal evaluation will inform the development of Level 2 and 3 courses and influence the department’s use of blended learning.

The interprofessional practitioner: changing professional identity in social work

Twenty years ago the first joint training programme in learning disability nursing and social work was established as a collaborative project to develop practitioners able to work holistically with people with learning disabilities. Since then a number of programmes have continued this work and more recently the approach has developed in the mental health specialism. These programmes have changed the nature of singular social work education and created a new region of knowledge (Bernstein, 2000) for those who have experienced them. What began as a radical experiment in interprofessional education has been sustained by a strong commitment to the belief that the practitioners who qualify from such programmes are well equipped to support people with learning disabilities in changing and multi-professional services. As with much interprofessional education, however, there is an ongoing need to build an evidence base linking such education with successful outcomes in practice. This paper presents and explores the outcomes of a doctoral research study aimed at evaluating the impact of joint training in learning disability nursing and social work on the professional identity, skills and working practices of practitioners who undertook it. The research was undertaken with almost fifty jointly trained practitioners and involved a national survey followed by semi-structured interviews. The results suggest that practitioners who experience the dual socialisation inherent in this type of training found both gains and losses in the process. They appear to emerge, however, with a confidence, resilience and breadth of knowledge which were part of the early vision for this transformative approach to professional training. Bernstein B. (2000). Pedagogy, Symbolic Control and Identity. Theory, Research, Critique. Revised Edition. Lanham: Rowman and Littlefield (USA).

Priority questions to shape the marine and coastal policy research agenda in the United Kingdom

United Kingdom (UK) and European Union policy is rapidly developing to meet international targets for the sustainable use and protection of the marine environment. To inform this process, research needs to keep pace with these changes and research questions must be focused on providing robust scientific evidence. Thirty four priority research questions within six broad themes were identified by delegates who attended the 1st marine and coastal policy Forum, hosted by the Centre for Marine and Coastal Policy Research at Plymouth University in June 2011. The priority questions formed through this research are timely and reflect the pace and change of marine policy in the UK in response to international, European and national policy drivers. Within the data theme, the majority of questions seek to find improved procedures to manage and use data effectively. Questions related to governance focus on how existing policies should be implemented. The marine conservation questions focus entirely upon implementation and monitoring of existing policy. Questions related to ecosystem services focus on research to support the conceptual links between ecosystem services, ecosystem function, and marine management. Questions relating to marine citizenship are fundamental questions about the nature of societal engagement with the sea. Finally, the marine planning questions focus upon understanding the general approaches to be taken to marine planning rather than its detailed implementation. The questions that have emerged from this process vary in scale, approach and focus. They identify the interdisciplinary science that is currently needed to enable the UK to work towards delivering its European and international commitments to achieve the sustainable use and protection of the marine environment

Ethics in the workplace

The right to request flexible working has been introduced into the UK employment laws against a background of post-fordist work practices, which already allow for employer rather than employee flexibility. This paper posits the idea that for the individual employee to benefit from these new rights what is required is the situation of dialogues within the workplace that take place in an ethical frame that recognises the employee as an individual.

Removing children from the care of adults with diagnosed mental illnesses - a clash of human rights?

Health and social services providers throughout Europe are increasingly aware of the possibility of litigation from service users arising from the application of a human rights perspective to public service provision. The substantial body of case law that has emerged from the European Court of Human Rights (ECHR) is used regularly as the basis for this litigation at national and European levels. This paper presents an analysis of ECHR cases related to breaches of human rights that occurred when children were taken into care from families in which one or both parents had a diagnosed mental illness. The issues raised by these cases include the following: how to ensure that the right to family life is protected for adults with mental illnesses; how to ensure access and opportunities for parents to continue bonding with children in care; and how to avoid damaging children while giving time for a proper assessment of the care situation.

Otras vías de aprendizaje: el reconocimiento de la experiencia profesional en la universidad. El caso de la UNED

Nadie cuestiona que una fuente de aprendizaje es el propio ámbito de trabajo, en el que todo profesional resuelve las funciones y tareas a las que se enfrenta diariamente a partir de su formación y de su experiencia. Reconocer esta experiencia en las titulaciones de Grado es un tema aún no resuelto. Pero este reconocimiento exige un proceso de evaluación, apoyado en metodologías y herramientas fiables y válidas, a partir del cual se valide que una persona ha adquirido un determinado nivel de logro en unas competencias en el marco de una cualificación profesional determinada. A raíz de los resultados obtenidos en 2 convocatorias dirigidas al reconocimiento de la experiencia profesional en el Grado en Educación Social impartido por la UNED, este articulo lleva a cabo un análisis de carácter descriptivo y en perspectiva comparada, entre ambas ediciones (2011-12 y 2012-13), con el fin de valorar la pertinencia de este proceso y la calidad de los resultados obtenidos. Con una muestra de 421 estudiantes hemos inferido la validez del procedimiento propuesto. Además, esta realidad nos muestra cuáles son las áreas de intervención más demandadas, los puntos fuertes y débiles de estos profesionales, las competencias más y menos consolidadas de acuerdo a la titulación que se imparte, etc. Disponer de estos datos, además de favorecer el desarrollo profesional de nuestros estudiantes, aporta una información clave para perfilar mejor las competencias específicas del título, trabajar de forma coordinada y colaborativa entre el mundo académico y el profesional, a la vez que responder a un derecho de nuestros estudiantes. 

Social networks and cooperative learning in a MOOC

MOOCs are changing the educational landscape and gaining a lot of attention in scientific literature. However, the pedagogical design of these proposals has been called into question. It is precisely MOOCs’ social aspect, i.e. the interaction between course participants and the support for learning processes that has become one of the main topics of interest. This article presents the results of a research project carried out at the University of the Basque Country, which focused in cooperative learning and the intensive use of social networks in a MOOC. Significant data was compiled through Likert-type surveys, revealing that the use of both external and internal social networks in a massive open online course is a factor that is evaluated positively by students. We argue that the use of social networks as a learning strategy in a MOOC has an influence on academic performance and on the students' success rate. Furthermore, the participants’ age also has a bearing on the social networks they use, and we have found that the younger members tend to work with external networks such as Twitter or personal blogs, whereas the older students are more inclined to use forums from the Chamilo or Ning platforms.

Co-evaluation as a strategy to improve working group dynamics: an experience in Sport Sciences

The aim of this study was to analyze if the perceptions of students before and after carrying out the work, that is, their perception of different aspects of the functioning of the group, the working skills acquired as well as those they think that need to be improved, varied depending on whether the contribution of the different members of the group was being co-evaluated or not. 144 students of Physical Activity and Sport Sciences participated in this study. In order to analyze the students' perception of group work the adapted questionnaire by Bourne et al. (2001) was used. Results showed that groups which implemented co-evaluation assessed more negatively the experience in general than those which did not. However, co-evaluation groups perceived their competence to work as a team had improved to a greater extent than the groups without co-evaluation, evaluating more positively both the performance and the result of work and increasing their knowledge of the other team members. Using a co-evaluation system seems to generate both a better assessment of the running of the team and the result of its work.

Breast is Best? Reasons Why Mothers Decide to Breastfeed or Bottlefeed their Babies and Factors Influencing the Duration of Breastfeeding.

Breastfeeding is known to confer benefits, both in the short term and long term, to the child and also to the mother. Various health-promotion initiatives have aimed to increase breastfeeding rates and duration in the United Kingdom over the past decade. In order to assist in these endeavours, it is essential to understand the reasons why women decide whether to breastfeed and the factors that influence the duration of breastfeeding. This study reports breastfeeding initiation and duration rates of mothers participating in the Growth, Learning and Development study undertaken by the Child Health & Welfare Recognised Research Group. Although this study cannot provide prevalence data for all mothers in Greater Belfast, it can provide useful information on trends within particular groups of the population. In addition, it examines maternally reported reasons for choosing to breastfeed and for breastfeeding cessation. The likelihood of mothers initiating breastfeeding is influenced by factors such as increased age, higher educational attainment and higher socio-economic grouping. The most common reason cited for breastfeeding is that it is “best for baby”. Returning to work is the most important factor in influencing whether mothers continued to breastfeed. Women report different reasons for cessation depending on the age of their child when they stopped breastfeeding. This information should inform health-promotion initiatives and interventions.

The Rights of Religious Associations to External Relations: A Comparative Study of the OSCE and the Council of Europe

This paper argues that religious associations have a number of substantive rights when it comes to their external relations. It does so though comparing the position of the OSCE and the Council of Europe. This paper considers whether the emerging framework includes: (1) a right to legal entity status, (2) a right to establish and run charitable or educational institutions, (3) a right to privileges and substantive benefits and (4) a right to anything else. It concludes that the current developments are welcome because religious freedom has a collective aspect that is essential to the lives of many believers.