Suchergebnisse

Abstract
Plant variety rights, a somewhat obscure and technical form of intellectual property, are often assumed to be conceptually uncomplicated. The two essential purposes of plant variety rights laws are typically to incentivise the creation of novel varieties with useful characteristics and to reward breeders for these efforts. These rationales are seldom questioned. However, plant variety rights regimes might be better understood as open-ended, containing multiple potential futures that are innate though they may never be fully realised. This article reviews a series of Parliamentary debates over the three generations of plant variety rights legislation in Aotearoa New Zealand. The article shows that over time, rather than remain static the perceived rationale for recognising intellectual property for plants in New Zealand has shifted and expanded. Justifications have grown from a narrow focus on supporting a nascent, export-oriented horticultural industry to the endorsement of a broad platform that aims both to promote domestic agricultural innovation and to achieve Indigenous sovereignty over culturally significant plants. The prior indeterminacy that characterises plant variety rights legislation in Aotearoa invokes the metaphor of Schrödinger's cat, in that these laws' multiple futures are contingent and may resolve themselves differently depending on whose aspirations are formally recognised and applied in practice. The nature of plant variety rights is therefore spectral, pervaded – both implicitly and sometimes overtly – by the ambitions of different people, as well as by the types of plants and ways of knowing that these laws exclude.

"This book focuses on analysing how legal systems set the terms for interactions between human beings and plants. The story that the book recounts is one of experimental lawmaking in Ecuador, a country where over the past decade, governmental officials and civil society advocates have attempted to reconfigure how human individuals and institutions relate to nature, by following an "eco-centric" approach to lawmaking. In doing so, Ecuadorian legislators, administrators, and judges have taken seriously the ontologies of non-human entities, including plants, through a process that has required the continuous navigation of tensions with certain "logics" that pervade conventional legal regimes. The book endeavours to disrupt these conventional assumptions and approaches to lawmaking by taking seriously alternative strategies to reconstitute interactions between people and plants. In doing so, the book argues in favour of an "ecological turn" in laws that govern vegetal life. The analysis is based on a close examination of the experiences that lawmakers in Ecuador have had when experimenting with innovative approaches to re-form relationships between human and non-human beings. Concretely, these experiments have yielded constitutional, legislative, and regulatory changes that inform the inquiry of how intellectual property and plant genetic resources laws - both in Ecuador and worldwide - could become more "ecological" in nature. The argument that the book develops is based on extensive ethnographic fieldwork and empirical research in Ecuador, complemented by archival and doctrinal legal analysis. The contents of the book will be of interest to an academic audience of legal scholars and postgraduate students in law, in addition to scholars and students in the fields of anthropology, sociology, socio-legal studies, and science and technology studies"--

The New Zealand Yearbook of International Law is an annual, internationally refereed publication whose purpose is to provide a yearly reference for legal materials and critical commentary on issues of international law. The Yearbook also serves as a valuable tool to identify trends, state practice, and policies in the development of international law in New Zealand, the Pacific region, the Southern Ocean, and Antarctica, and to generate scholarship in those fields. In addition to presenting peer-reviewed legal research, the Yearbook contains an annual 'Year-in-Review' that covers developments in international law of particular interest to New Zealand, and a dedicated section on the South Pacific. This Yearbook covers the period 1 January 2022 to 31 December 2022

<p>En este artículo se presenta un modelo empírico basado en datos generados<br />a lo largo de una década de análisis, y cuyo propósito es explicar el impacto de la propiedad intelectual utilizando los registros de patentes como un indicador. El<br />modelo correlaciona aún más la actividad de patentar con el desarrollo económico y el crecimiento en México. Se presenta un patrón de actividad positiva entre una mayor inversión de recursos en investigación y desarrollo (I+D) por un lado, y el desarrollo económico y el crecimiento por el otro, observado a través de aumentos en el volumen de solicitudes de patentes nacionales. La creación e implementación de políticas públicas orientadas a aumentar el capital intelectual y la innovación podrían beneficiar a una economía emergente como la de México de innumerables maneras.</p>