Law

Weaving Intellectual Property Policy in Small Island Developing States

Author/s (editor/s):

Forsyth, Miranda
Farran, Sue

Publication year:

2015

Publication type:

Book

Find this publication at:
http://intersentia.com/en/weaving-intellectual-property-policy-in-small-island-d...

There is considerable pressure on Small Island Developing States globally to introduce or to strengthen intellectual property regimes. This pressure comes in a number of forms, including bilateral and multilateral Free Trade Agreement negotiations and development assistance programmes such as those of the World Intellectual Property Organisation. The aim of this book is to offer a competing model of intellectual property policy using the Pacific Islands as a case study. This competing model is one based on local conceptions of culture and indigenous understandings about use, knowledge and transfer of intangible property. Adopting such a base as a starting point will enable the weaving together of multiple regulatory strategies to facilitate the transfer of knowledge, stimulate and reward innovation and creativity, and protect rights over traditional knowledge in ways that have meaning and resonance for local populations. Elements of western intellectual property frameworks can also form important strands in intellectual property policies. However, these elements should be incorporated, and possibly reinterpreted, within the local framework.

The approach advocated in this book opens up a number of different roads for intellectual property policy. First, it encourages the exploration of non-state regulatory mechanisms, such as customary norms and institutions, community protocols, and also membership of international NGOs, in regulating the use of intellectual property. In most Pacific Island countries there is little state capacity to implement and police intellectual property laws and so creative use should be made of the possibilities offered by non-state structures. Second, it suggests centralising culture and the protection of traditional knowledge at the heart of intellectual property policy, rather than treating it as a secondary issue to be dealt with by sui generis legislation. Here, traditional knowledge forms the basis of culture and development and cannot and should not be separated from modern or ‘scientific’ notions of creativity and innovation. A pragmatic incremental approach to intellectual property policy development is also advocated, requiring countries to thoroughly assess the advantages and disadvantages of any new intellectual property law within their local context, to consider how to adaptively implement this in a way suited to the local context, as well as to realistically assess the state’s capacity for enforcement. Finally, the book challenges a number of claims made about intellectual property law and development, demonstrating that a far more fine-grained analysis of the nexus between the two is required than currently offered by the WIPO Development Agenda.

Cite the publication as

Forsyth, Miranda and Sue Farran, 2015. Weaving Intellectual Property Policy in Small Island Developing States. 1st Ed. Intersentia.

Restorative justice: The evidence

Author/s (editor/s):

Sherman, Lawrence
Strang, Heather

Publication year:

2007

Publication type:

Book

Find this publication at:
http://www.smith-institute.org.uk/publications.html?category_id=11

In 2004-05 the Smith Institute ran a highly successful series of seminars looking at case studies of the use of restorative justice (RJ) techniques among criminals and their victims, in schools, and within communities and neighbourhoods. Building on the impressive accounts of how powerful restorative justice techniques could be, as a way both of changing behaviour and of mitigating harm, this independent report was commissioned by the Smith Institute in association with the Esmée Fairbairn Foundation in order to examine the evidence on RJ from Britain and around the world. The aim of the project was to bring together the results of RJ trials in order to set out a definitive statement of what constitutes good-quality RJ, as well as to draw conclusions both as to its effectiveness with particular reference to reoffending and as to the role that RJ might play in the future of Britain’s youth and criminal justice systems.

Cite the publication as

Sherman, Lawrence W and Heather Strang, 2007, Restorative justice: The evidence, London: The Smith Institute

Mine safety: Law, regulation, policy

Author/s (editor/s):

Gunningham, Neil

Publication year:

2007

Publication type:

Book

Find this publication at:
http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862875661

Historically, the mining industry has had a high incidence of work related injury and disease, and of disasters involving multiple fatalities. It also faces OHS challenges far exceeding those confronting most other industry sectors.Mine safety legislation can play an important role in meeting those challenges. Although regulation is never likely to be the entire answer, good regulation not only brings laggards up to a minimum legal standard, it also encourages, rewards and facilitates leaders in going beyond them. Bad regulation, in contrast, constrains good enterprises from taking the initiative to improve OHS, while failing to deter bad ones.This book describes mine safety legislation in the “mining states” and analyses its strengths and weaknesses. It also examines the broader policy questions of how best to design, implement and enforce mine safety regulation.It argues that substantial reform will be necessary not only in setting standards, but also in their implementation, if further OHS improvements are to be achieved. This implies substantial changes in the way the mine safety inspectorates go about their tasks: in how they administer and enforce the law; and in the circumstances in which they choose to prosecute. It also requires the nurturing of a degree of trust between employers and workers (individually and collectively) and between both these parties and the mines inspectorates, that has been substantially lacking in recent years.

Cite the publication as

Gunningham, Neil, 2007. Mine safety: Law, regulation, policy. Sydney:Federation Press.

Lessons from Gretley: Mindful leadership and the law

Author/s (editor/s):

Hopkins, Andrew

Publication year:

2007

Publication type:

Book

Find this publication at:
http://www.cch.com.au/au/onlinestore/ProductDetails.aspx?PageTitle=Lessons-from-...

Following on from the highly respected Lessons from Longford comes Lessons from Gretley, exploring the 1996 Gretley Mine disaster in NSW and its OHS implications.Lessons from Gretley describes the 2004/05 conviction and fining of two mine managers in NSW following the mine disaster at Gretley near Newcastle in 1996 and discusses whether the law was unfair to these managers. The book also examines the impact of the Gretley prosecution on the industry, using interviews with a small sample of mine managers. Hopkins then proposes the controversial view that effective OHS law must hold the top corporate leaders responsible when something goes seriously wrong, regardless of whether they were personally at fault.

Cite the publication as

Hopkins, Andrew, 2007. Lessons from Gretley: Mindful leadership and the law. 1st ed. CCH Australia Ltd.

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