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.

Distribution of basalt boulders and ice rafted debris in the region of the Iceland-Faroe-Ridge (Fig. 6-12)

Psephitic particles in the region of the Iceland-Faeroe-Ridge have been transported and deposited by means of a complex interplay of glacier movements and drifting icebergs. The composition of the particle association is controlled by the sedimentation of basaltic rock particles derived from the ridge itself and, in addition to that and in southern parts of the ridge, from the Faeroe Islands, the Faeroe-Bank and the Bill Baileys-Bank. Besides, there are crystalline and sedimentary dropstones showing a very varied petrography and a wide range of particle sizes. Their percentage becomes greater as the distance from the ridge increases. The association of dropstones is relatively homogeneous in the region of the ridge and only at greater distances from the ridge it becomes more differentiated. Owing to their composition and distribution, as well as on the basis of characteristic fossils and rock types, the drop-stones are derived from Scandianvia and Great Britain. During periods of maximum glaciation, the Icland-Faeroe-Ridge, th eFaeroe-Bank and the Bill Baileys-Bank were under ice.