Freedom of contract and the coexistence of trademark registrations in Colombia

In trademark systems such as the Andean Community, a state authority verifiesthat the marks are distinctive, lawful and do not affect third parties, and after that,given their ownership. In this context, particular interest has sparked the possibilityof individuals by agreements or statements of co-existence, are who ensure that theirsigns meet the conditions for simultaneous registrations.Such agreements for the coexistence of marks are problematic if one thinks thatthe holders of interests that would be available also seem to matter to consumers,competitors and the market. Therefore, define the scope of contractual freedom inthe field of trademark law, whose rules are considered imperative, acquire practicaland theoretical importance because its realization i) recognizes the risks that maybe relevant to evaluating trade agreements and ii) contributes to debates on the roleof private autonomy in areas reserved for non-derogable norms. Thus, this researchputs the declarations of consent for the coexistence of registrations in Colombia, ina larger scope of the limits of freedom of contract.

Freedom to choose? Embryo selection, reproductive decision-making and the role of the state

Involving the biopsy of an eight-cell embryo, PGD has been hailed as a means of making reproductive decisions without having to face the heart-wrenching decision to abort an affected foetus. However, controversy around the kinds of traits for which testing can be done, and who has access to the technology, has led to questions about the way in which the technology is developing. Women who are allowed to access in vitro fertilisation (IVF) services can currently also access PGD in limited circumstances.

The freedom to tinker: Patent law and experimental use

This article considers the origins and the development of the defence of experimental use in patent law - the ’freedom to tinker'. It explores the impact of such an exemption upon a number of important industries - such as agriculture, biotechnology, and pharmaceutical drugs. This article takes a comparative approach in its analysis of patent law and experimental use. It highlights the competing norms, and lack of harmonization between a number of jurisdictions - including the United States, the European Union, and Australia. Section 2 provides a critique of the development of the common law defence of experimental use in the United States. It considers a series of precedents - including Roche Products Inc v Bolar Pharmaceuticals, Madey v Duke University, Integra Lifesciences I Ltd v Merck KgaA, and Applera v MJ Research. Section 3 explores the operation of patent law and experimental use in European jurisdictions. It looks at a number of significant precedents in the United Kingdom, the Netherlands, France, Italy, and Germany. Section 4 considers the policy debate in a number of forums over the defence of experimental use in Australia. It examines the controversy over Genetic Technologies Limited asking research organisations to obtain a licence in respect of its patents associated with non-coding DNA and genomic mapping. It also considers the inquiries of the Australian Law Reform Commission and the Advisory Council on Intellectual Property, as well as the impact of the TRIPS Agreement and the Australia-United States Free Trade Agreement. The conclusion contends that there is a need for a broad-based defence of experimental use for all the member states of the Organisation for Economic Co-operation and Development.

Freedom to learn: a radically revised pedagogy to facilitate lifewide learning in the academic curriculum.

Higher education has progressed fairly steadily to a common pedagogical approach which centres on the idea of alignment. In this arrangement, intended learning outcomes are identified and declared; learning activities which will enable the desired learning and development to be achieved are conceived and undertaken with the support of appropriate and effective teaching; and assessment which calls for these outcomes is (ideally) carefully designed and implemented. All three elements are aligned in advance. The same principles and practices underpinned by notions of alignment have been applied to date in most of the purposeful schemes for personal development planning. In this chapter I argue that lifewide learning, wherein learning and development often occur incidentally in multiple and varied real-world situations throughout an individual’s life course, calls for a different approach, and a different pedagogy. Higher education should therefore visualise lifewide learning as an emergent phenomenon wherein the outcomes of learning emerge later on, and are often unintended. Consequently, they cannot be defined in advance of the activities through which they are formed. The main purpose of this chapter is to offer some practical ideas to support the development of pedagogies that would enable programme designers to embed in their programmes the principle and practice of lifewide education.

‘From the ‘roads to freedom’ to the ‘roads of humanism’? Sartre and his literary alter ego Mathieu in Les Chemins de la liberté (1938-1949)’

War and Memory international conference- Poetics after ’45,
QUB, Belfast, June 2008

The "freedom to frame questions... worth asking" or three stories and three (other) fragments of research

In our state of centralised control of the curriculum and high-stakes testing an examination subject's assessment objectives have become high profile. Some of the anomalous effects of this profile are shown in the teaching, question-setting, and marking of English literature. Glimpses of earlier times are revealed, all three secondary school key stages are considered, examination performances are discussed, and the views of beginning teachers about teaching to the test are sought.

Change management in practice: an ethnographic study of changes to contract requirements on a hospital project

Changes to client requirements are inevitable during construction. Industry discourse is concerned with minimizing and controlling changes. However, accounts of practices involved in making changes are rare. In response to calls for more research into working practices, an ethnographic study of a live hospital project was undertaken to explore how changes are made. A vignette of a meeting exploring the investigation of changes illustrates the issues. This represents an example from the ethnographic fieldwork, which produced many observations. There was a strong emphasis on using change management procedures contained within the contract to investigate changes, even when it was known that the change was not required. For the practitioners, this was a way of demonstrating best practice, transparent and accountable decision-making regarding changes. Hence, concerns for following procedures sometimes overshadowed considerations about whether or not a change was required to improve the functionality of the building. However, the procedures acted as boundary objects between the communities of practice involved on the project by coordinating the work of managing changes. Insights suggest how contract procedures facilitate and impede the making of changes, which can inform policy guidance and contract drafting.

Training packages and the AQTF: freedom to move or components of a compliance-driven straightjacket?

This paper reports on a PhD research project being undertaken through the Faculty of Education, Deakin University. Training Packages and the Australian Quality Training Framework (AQTF) form part of the ruling relations of VET, but how do they operate in practice? Do they provide frameworks within which training professionals are free to use judgement and respond in innovative ways to local learning and assessment contexts? Do they impose rigid 'guidelines' within which the decision-making authority of practitioners over appropriate practices is displaced by that of auditors, constraining creativity and creating pressures towards conformity? Or does their impact vary, depending on how they are interpreted and who is doing the interpreting? My PhD research explores issues relating to the use of Training Packages in workbased learning. Interview data suggests that, in practice, different training organisations respond very differently to a regulatory framework that aims to achieve national consistency. Some practitioners describe working in a compliance-driven environment, in which their ability to meet the needs of learners is stifled by standardised training and assessment practices imposed by Training Packages and the AQTF. This view is reflected in phrases such as 'you're not allowed to…', and 'you always feel uneasy because you've got AQTF compliance, inspections, auditors'. In contrast, other practitioners talk about having freedom to design learning and assessment programs for their particular target group and context, providing they stay within broad guidelines that guarantee national recognition of qualifications they issue. This view is reflected in comments such as 'it just leaves it open … to be as creative and flexible as you like', and 'It just gives us freedom'. This paper explores the proposition that the impact of these abstract and generalised texts is influenced by local interpretations, and it considers the role that organisational culture plays in determining these interpretations.