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State Agency and the Patenting of Life in International Law
How should a state respond to competing international obligations where the patenting of life is concerned? Following the institutionalization of Intellectual Property in the world trading system under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), states face differing challenges and restraints on their freedom to develop biopatenting programmes. Through a comparative review of patenting in two key but diverging jurisdictions, Canada and the US, this book considers how states might exercise the right of self-determination in their domestic law and policy over biopatenting to promote objectives of human welfare and fair competition. Departing from existing studies, this timely and important volume offers a pragmatic two-step approach to state agency to resolve apparent conflicts between the regulatory options afforded by economic globalization and the need to forge domestic laws that reflect community values. In this approach, rich and poor countries alike are invited to assert the primacy of human rights in their industrial and cultural policies.
The Trans-Pacific Partnership
This book considers the impact of the Trans-Pacific Partnership [TPP] on intellectual property and trade. The book focuses upon the debate over copyright law, intermediary liability, and technological protection measures. The text examines the negotiations over trade mark law, cybersquatting, geographical indications and the plain packaging of tobacco products. It explores the debate over patent law and access to essential medicines, data protection and biologics, and the protection of trade secrets. In addition, the book investigates the treatment of Indigenous intellectual property, access to genetic resources, and plant breeders’ rights.
Family and HIV/AIDS
Three decades into the HIV pandemic, the goals remain clear: reduce the number of infections,improve the health outcomes of those who are infected, and eliminate disparities in care. And one observation continues to gain credence: families are a powerful resource in preventing, adapting to, and coping with HIV. Recognizing their complex role as educators, mentors, and caregivers, Family and HIV/AIDS assembles a wealth of findings from successful prevention and intervention strategies and provides models for translating evidence into effective real-world practice. Chapters spotlight the differing roles of mothers and fathers in prevention efforts, clarify the need for family/community collabo...
Everyday Transgressions
The book's breadth and grounding in labor law make it most accessible and useful to a professional audience, but even nonspecialists and lay readers will appreciate Blackett's insights about law and domestic work and provocative issues such as social stratification and immigration.― Choice Adelle Blackett tells the story behind the International Labour Organization's (ILO) Decent Work for Domestic Workers Convention No. 189, and its accompanying Recommendation No. 201 which in 2011 created the first comprehensive international standards to extend fundamental protections and rights to the millions of domestic workers laboring in other peoples' homes throughout the world. As the principal le...
Shape Your Eyes by Shutting Them
In this inventive collection of poems, McCutcheon engages in sophisticated literary play and deploys the Surrealist practices of juxtaposition, cut-up, and defamiliarization. Moving from eroticism to the macabre and from transformative quotation to the individual idiom, Shape Your Eyes by Shutting Them explores intertextuality in poetry by challenging the cultural tradition of seeing quotation as derivative.
Dynamic Fair Dealing
Dynamic Fair Dealing argues that only a dynamic, flexible, and equitable approach to cultural ownership can accommodate the astonishing range of ways that we create, circulate, manage, attribute, and make use of digital cultural objects. The Canadian legal tradition strives to balance the rights of copyright holders with public needs to engage with copyright protected material, but there is now a substantial gap between what people actually do with cultural forms and how the law understands those practices. Digital technologies continue to shape new forms of cultural production, circulation, and distribution that challenge both the practicality and the desirability of Canada's fair dealing p...
Research Handbook on Intellectual Property and the Life Sciences
Intellectual property (IP) is a key component of the life sciences, one of the most dynamic and innovative fields of technology today. At the same time, the relationship between IP and the life sciences raises new public policy dilemmas. The Research Handbook on Intellectual Property and the Life Sciences comprises contributions by leading experts from academia and industry to provide in-depth analyses of key topics including pharmaceuticals, diagnostics and genes, plant innovations, stem cells, the role of competition law and access to medicines. The Research Handbook focuses on the relationship between IP and the life sciences in Europe and the United States, complemented by country-specific case studies on Australia, Brazil, China, India, Japan, Kenya, South Africa and Thailand to provide a truly international perspective.
The Impact of Science and Technology on the Rights of the Individual
The volume is devoted to the relevant problems in the legal sphere, created and generated by recent advances in science and technology. In particular, it investigates a series of cutting-edge contemporary and controversial case-studies where scientific and technological issues intersect with individual legal rights. The book addresses challenging topics at the intersection of communication technologies and biotech innovations such as freedom of expression, right to health, knowledge production, Internet content regulation, accessibility and freedom of scientific research.
For the Encouragement of Learning
For the Encouragement of Learning addresses the contested history of copyright law in Canada, where the economic and reputational interests of authors and the commercial interests of publishers often conflict with the public interest in access to knowledge. It chronicles Canada’s earliest copyright law to explain how pre-Confederation policy-makers understood copyright’s normative purpose. Using government and private archives and copyright registration records, Myra Tawfik demonstrates that the nineteenth-century originators of copyright law intended to promote the advancement of learning in schools by encouraging the mass production of educational material. The book reveals that copyri...
Critical Perspectives on Social Control and Social Regulation in Canada
How does social regulation shape who is “deviant” and who is “normal”? Critical Perspectives on Social Control and Social Regulation in Canada is an introduction to the sociology of what has traditionally been called deviance and conformity. This book shifts the focus from individuals labelled deviant to the political and economic processes that shape marginalization, power and exclusion. Class, gender, race and sexuality are the bases for understanding deviance, and it is within these relations of power that the labels “deviant” and “normal” are socially developed and the behaviours of those less powerful become regulated. This textbook introduces readers to theories and cri...
