title: The Politics of Knowledge and the Reciprocity Gap in the Governance of Intellectual Property Rights

authors: Emett, Raewyn Anne

subjects: Knowledge

abstract: ABSTRACT
This study examines the politics of knowledge benefit-sharing within the re-regulatory framework of the Trade-related Intellectual Property Rights (TRIPS) Agreement which entered into force in 1995 under the auspices of the World Trade Organisation (WTO). The thesis argues that TRIPS both represents a mainstream legal mechanism for states and organisations to govern ideas through trade, and is characterised by a commercial direction away from multilateralism to bilateralism. In its post-implementation phase, this situation has seen the strongest states and corporations consolidate extensive markets in knowledge goods and services. Through analyses of the various levels of international and national governance within the competitive knowledge structure of international political economy (IPE), this study argues that the politicisation of intellectual property has resulted in the dislocation of reciprocity from its normative roots in fairness and trade equity. In conducting this enquiry the research focuses on the political manifestations of intellectual property consistent with long-standing epistemic considerations of reciprocity to test the extent to which the intrinsic public good value of knowledge and its importance to human societies can be reconciled with the privatisation of public forms of knowledge related to discoveries and innovations. 

This thesis draws on Becker's virtue-theoretic model of reciprocity premised on normative obligations to social life to ground its claim that an absence of substantive reciprocal requirements capable of sustaining equivalent returns and rewards is detrimental, both theoretically and practically, to the intrinsic socio-cultural foundation and public good value of knowledge. The conceptual framework of reciprocity defined and developed in this study challenges the materialist controlling authority and proprietary ownership vested in intellectual property law. A new conceptual approach proposed through reciprocity, and provoked by on-going debates about IP recognition, knowledge protection, access and distribution is advanced to counter strengthened and expanded IPRs. Theories of knowledge and property drawn from political philosophies are employed to test whether reciprocity is sufficiently robust enough, or even capable of, encompassing the gap between capital and applied science. This thesis argues that hyper-capitalism at global, national and local levels, accompanied by the boundless accumulation of technology, closes down competition both compromising IP as private rights and the viability of their governance. The political implications of the protection and enforcement of private rights through IP is examined in two key chapters utilising empirical data in relation to traditional knowledge (TK) and reciprocity; the first sets the parameters of TK and the second explores aspects of Māori knowledge systems and reciprocity directed at identifying national and local issues of significance to the debates on IP governance. As a viable direction for knowledge governance this thesis concludes that the gap between the re-regulatory trade framework of intellectual property on the one hand, and reciprocity on the other, requires closing to ameliorate the detrimental disruptions to democratic integrity, fairness and trade equity for significant numbers of communities and peoples around the world.

text: The Politics of Knowledge and the Reciprocity Gap in the Governance of Intellectual Property Rights ABSTRACT
This study examines the politics of knowledge benefit-sharing within the re-regulatory framework of the Trade-related Intellectual Property Rights (TRIPS) Agreement which entered into force in 1995 under the auspices of the World Trade Organisation (WTO). The thesis argues that TRIPS both represents a mainstream legal mechanism for states and organisations to govern ideas through trade, and is characterised by a commercial direction away from multilateralism to bilateralism. In its post-implementation phase, this situation has seen the strongest states and corporations consolidate extensive markets in knowledge goods and services. Through analyses of the various levels of international and national governance within the competitive knowledge structure of international political economy (IPE), this study argues that the politicisation of intellectual property has resulted in the dislocation of reciprocity from its normative roots in fairness and trade equity. In conducting this enquiry the research focuses on the political manifestations of intellectual property consistent with long-standing epistemic considerations of reciprocity to test the extent to which the intrinsic public good value of knowledge and its importance to human societies can be reconciled with the privatisation of public forms of knowledge related to discoveries and innovations. 

This thesis draws on Becker's virtue-theoretic model of reciprocity premised on normative obligations to social life to ground its claim that an absence of substantive reciprocal requirements capable of sustaining equivalent returns and rewards is detrimental, both theoretically and practically, to the intrinsic socio-cultural foundation and public good value of knowledge. The conceptual framework of reciprocity defined and developed in this study challenges the materialist controlling authority and proprietary ownership vested in intellectual property law. A new conceptual approach proposed through reciprocity, and provoked by on-going debates about IP recognition, knowledge protection, access and distribution is advanced to counter strengthened and expanded IPRs. Theories of knowledge and property drawn from political philosophies are employed to test whether reciprocity is sufficiently robust enough, or even capable of, encompassing the gap between capital and applied science. This thesis argues that hyper-capitalism at global, national and local levels, accompanied by the boundless accumulation of technology, closes down competition both compromising IP as private rights and the viability of their governance. The political implications of the protection and enforcement of private rights through IP is examined in two key chapters utilising empirical data in relation to traditional knowledge (TK) and reciprocity; the first sets the parameters of TK and the second explores aspects of Māori knowledge systems and reciprocity directed at identifying national and local issues of significance to the debates on IP governance. As a viable direction for knowledge governance this thesis concludes that the gap between the re-regulatory trade framework of intellectual property on the one hand, and reciprocity on the other, requires closing to ameliorate the detrimental disruptions to democratic integrity, fairness and trade equity for significant numbers of communities and peoples around the world.

year: 2007

title: Mouri Tu, Mouri Moko, Mouri Ora! Moko as a wellbeing strategy

authors: Penehira, Mera

subjects: Maori

abstract: This research has been undertaken within the Health Research Council funded International Collaborative Indigenous Health Research Partnership (ICIHRP) program, “The role of resiliency in responding to blood borne viral and sexually transmitted infections in Indigenous communities”. Some Indigenous communities in Australia, New Zealand and Canada have been shown to experience higher rates of blood borne viral infections. There are a number of categories of health intervention that have been shown to be effective in prevention and enhancing access to treatment for blood borne viral infections, including various forms of health promotion, enhanced diagnostic and treatment services, and harm reduction measures related to injecting drug use. The present research was undertaken with the understanding that development of effective responses of this kind among Indigenous people would benefit from a better understanding of the social and cultural factors that might protect against these infections and their consequences. It is argued that such factors are linked in various ways to Indigenous resistance and resiliency, which is described as the means by which people choose to make use of individual and community strengths to protect themselves against adverse health outcomes and enhance their health and wellbeing.

In this thesis I explore how people and their identity are affected when you are part of a marginalised or vulnerable population – namely, Māori women who have contracted the Hepatitis C Virus (HCV). I argue that traditional knowledge and healing practices are central to Māori getting well and keeping well, and that the use of cultural frameworks and practices have potentially restorative, therapeutic and healing values that are not yet researched or understood by the health field. I argue that a Māori framework of wellbeing, namely ‘Mana Kaitiakitanga’, provides the context in which tā moko (Māori traditional tattoo) fits naturally as a healing intervention. I share the stories of Māori women with HCV who have applied this (tā moko and other forms of tattoo) in their lives and in their journeys back to wellness. Tā moko is a process that penetrates the flesh and marks the skin; it is a process that involves both blood and pain, which may seem incongruous with healing. It is argued however that through pain comes understanding; through pain comes a RE-membering of strength; through pain comes joy; and finally through marking comes identity of who we are and how well we have been and can be again.

Issues and intersections of identity, marginalisation, gender, health, and wellbeing are at the forefront of this research story and of the journeys of the three women whose case studies are presented in this thesis. What makes this thesis unique is that it researches all three of these potential cornerstones of health: identity; wellbeing (spiritual and emotional), and physical wellbeing, in relation to a specific health problem, namely HCV. It is intended that this work will add power to what might be viewed as a particularly Indigenous solution to a virus that disproportionately affects our Indigenous population. This is not about rejecting Western health solutions, but it is about recognising and returning to Indigenous health solutions.

text: Mouri Tu, Mouri Moko, Mouri Ora! Moko as a wellbeing strategy This research has been undertaken within the Health Research Council funded International Collaborative Indigenous Health Research Partnership (ICIHRP) program, “The role of resiliency in responding to blood borne viral and sexually transmitted infections in Indigenous communities”. Some Indigenous communities in Australia, New Zealand and Canada have been shown to experience higher rates of blood borne viral infections. There are a number of categories of health intervention that have been shown to be effective in prevention and enhancing access to treatment for blood borne viral infections, including various forms of health promotion, enhanced diagnostic and treatment services, and harm reduction measures related to injecting drug use. The present research was undertaken with the understanding that development of effective responses of this kind among Indigenous people would benefit from a better understanding of the social and cultural factors that might protect against these infections and their consequences. It is argued that such factors are linked in various ways to Indigenous resistance and resiliency, which is described as the means by which people choose to make use of individual and community strengths to protect themselves against adverse health outcomes and enhance their health and wellbeing.

In this thesis I explore how people and their identity are affected when you are part of a marginalised or vulnerable population – namely, Māori women who have contracted the Hepatitis C Virus (HCV). I argue that traditional knowledge and healing practices are central to Māori getting well and keeping well, and that the use of cultural frameworks and practices have potentially restorative, therapeutic and healing values that are not yet researched or understood by the health field. I argue that a Māori framework of wellbeing, namely ‘Mana Kaitiakitanga’, provides the context in which tā moko (Māori traditional tattoo) fits naturally as a healing intervention. I share the stories of Māori women with HCV who have applied this (tā moko and other forms of tattoo) in their lives and in their journeys back to wellness. Tā moko is a process that penetrates the flesh and marks the skin; it is a process that involves both blood and pain, which may seem incongruous with healing. It is argued however that through pain comes understanding; through pain comes a RE-membering of strength; through pain comes joy; and finally through marking comes identity of who we are and how well we have been and can be again.

Issues and intersections of identity, marginalisation, gender, health, and wellbeing are at the forefront of this research story and of the journeys of the three women whose case studies are presented in this thesis. What makes this thesis unique is that it researches all three of these potential cornerstones of health: identity; wellbeing (spiritual and emotional), and physical wellbeing, in relation to a specific health problem, namely HCV. It is intended that this work will add power to what might be viewed as a particularly Indigenous solution to a virus that disproportionately affects our Indigenous population. This is not about rejecting Western health solutions, but it is about recognising and returning to Indigenous health solutions.

year: 2011

title: Comparing plasma and faecal measures of steroid hormones in Adelie penguins Pygoscelis adeliae

authors: Ninnes, Calum Edward

subjects: Adelie penguin

abstract: Physiological measurements of both stress and sex hormones are often used to estimate the consequences of natural or human-induced change in ecological studies of various animals. Different methods of hormone measurement exist, potentially explaining variation in results across studies; methods should be cross-validated to ensure that they correlate. We directly compared faecal and plasma hormone measurements for the first time in a wild free-living species, the Adelie penguin (Pygoscelis adeliae). Blood and faecal samples were simultaneously collected from individual penguins for comparison and assayed for testosterone and corticosterone (or their metabolites). Sex differences and variability within each measure, and correlation of values across measures were compared. For both hormones, plasma samples showed greater variation than faecal samples. Males had higher mean corticosterone concentrations than females, but the difference was only statistically significant in faecal samples. Plasma testosterone, but not faecal testosterone, was significantly higher in males than females. Correlation between sample types was poor overall, and weaker in females than in males, perhaps because measures from plasma represent hormones that are both free and bound to globulins, whereas measures from faeces represent only the free portion. Faecal samples also represent a cumulative measure of hormones over time, as opposed to a plasma ‘snapshot’ concentration. Our data indicate that faecal sampling appears more suitable for assessing baseline hormone concentrations, whilst plasma sampling may best define immediate responses to environmental events. Consequently, future studies should ensure that they select the most appropriate matrix and method of hormone measurement to answer their research questions.

text: Comparing plasma and faecal measures of steroid hormones in Adelie penguins Pygoscelis adeliae Physiological measurements of both stress and sex hormones are often used to estimate the consequences of natural or human-induced change in ecological studies of various animals. Different methods of hormone measurement exist, potentially explaining variation in results across studies; methods should be cross-validated to ensure that they correlate. We directly compared faecal and plasma hormone measurements for the first time in a wild free-living species, the Adelie penguin (Pygoscelis adeliae). Blood and faecal samples were simultaneously collected from individual penguins for comparison and assayed for testosterone and corticosterone (or their metabolites). Sex differences and variability within each measure, and correlation of values across measures were compared. For both hormones, plasma samples showed greater variation than faecal samples. Males had higher mean corticosterone concentrations than females, but the difference was only statistically significant in faecal samples. Plasma testosterone, but not faecal testosterone, was significantly higher in males than females. Correlation between sample types was poor overall, and weaker in females than in males, perhaps because measures from plasma represent hormones that are both free and bound to globulins, whereas measures from faeces represent only the free portion. Faecal samples also represent a cumulative measure of hormones over time, as opposed to a plasma ‘snapshot’ concentration. Our data indicate that faecal sampling appears more suitable for assessing baseline hormone concentrations, whilst plasma sampling may best define immediate responses to environmental events. Consequently, future studies should ensure that they select the most appropriate matrix and method of hormone measurement to answer their research questions.

year: 2010