This work is on the history of copyright law in two jurisdictions: the United Kingdom and the Republic of Cameroon. It traces the origin and development of copyright protection in these jurisdictions, laying emphasis on the influence of international copyright on the development of copyright law in these two countries. It also focuses on the extent to which copyright laws in both countries have been amended over the years to enable it to catch up with advances in science and technology. As far as the development of copyright law in the United Kingdom is concerned, the major areas discussed include the system of royal copyright privileges in the fifteenth and sixteenth centuries and its role in the birth of the concept of literary property; the role of the Stationers' Company in the early development copyright; the historic Copyright Act of 1709 and its application in England and Scotland; the landmark case of Donaldson v. Beckett and its importance in the formulation of the concept of authors' rights and the demolition of common law copyright; the proliferation of copyright legislation in the eighteenth and nineteenth centuries; the consolidation of statutory copyright by the 1911 Copyright Act and, subsequently, the Copyright Act, 1956 and the Copyright, Designs and Patents Acts, 1988. Also discussed is the UK's adhesion to certain conventions in the area of copyright and neighbouring rights and the extent to which these conventions have influenced the development of its copyright law.

The pursuit of cultural heritage conservation is particularly problematic in China as the country has been undergoing substantial changes in its governance processes in the post-reform era. As the regime becomes less authoritarian and more pluralized, a multitude of stakeholders (both state and non-state), are now involved in promoting, constructing, challenging and safeguarding a variety of meanings and values in heritage. This thesis incorporates an urban governance lens to examine the policy and practical problems in conserving urban built heritage in contemporary China. This approach offers a new perspective in understanding the distribution of authority and power between the state and society as well as its effect on the management of public affairs. The reconfigurations of the role of the state, market and civil society have ushered in a new phase of urban politics that have enormous implications for built heritage conservation practices. As a result of reforms, conventional stakeholders have assumed new roles in politics; meanwhile, an increasing variety and number of new stakeholders connected to the non-state sector have also emerged; and their relationships and interactions with the state have become increasingly complex. An urban governance perspective draws attention to the new arrangements embedded in these relationships, which have profoundly impacted the decision-making processes in conservation, re-shaped the interpretation of heritage values, re-defined the scope of heritage and re-thought the use of heritage in Guangzhou. By employing a case-study approach, this thesis provides a detailed analysis of the conservation efforts undertaken by various stakeholder groups in Guangzhou in the post-reform era. Guangzhou is one of the country’s designated historic cities; it is also the provincial capital of Guangdong and has experienced rapid marketization over the past three decades. Three district-specific cases are selected to provide an in-depth analysis on the changing relationships among concerned stakeholders. The case of Shamian Island demonstrates the rigidity and constraints of central-local relation; while the case of Xinhepu discloses the evolving state-market relation. Finally, the case of Enning Road examines the rise of non-state stakeholders and their power struggle against the state. These cases were selected because each of them covers a particular heritage aspect that is directly related to the three-pronged national conservation hierarchical framework. The findings in the three cases respectively reveal the intricacies of conservation politics: the bureaucratic politics in the management and conservation of designated heritage; the struggle between state and society over what legitimate type of history is considered as “national” history and the maintenance of its local significance; and the operation-cum-conservation of heritage assets by market forces in China’s transitional economy. The findings of this thesis contribute to a broadened understanding of the changing roles and functions of the state, market and civil society in China’s transitional period; thus revealing the major deficiencies in the existing institutional and managerial frameworks for built heritage conservation in Guangzhou. This thesis also documents the impacts and outcomes of the actions of various state and non-state stakeholders on the prospect of built heritage conservation at an urban scale in China. / published_or_final_version / Geography / Doctoral / Doctor of Philosophy

The present study examined the developing intercultural competence of pre-service English language teachers (ELTs). The nine (9) participants in this study were students within a short-term teaching English as a foreign language (TEFL) certification course who engaged in IC exchanges with culturally diverse English language learners (ELLs) within an intensive English program (IEP). The IC exchanges were held once a week over the course of a six-week period. The foci of the IC exchanges were on concepts of cross-cultural understanding in general, and culturally diverse practices within teaching and learning specifically. The purpose of the study was to research how the participant pre-service teachers conceptualized their developing IC competence across the features of attitude, knowledge, and skills (Spitzberg and Chagnon, 2009), as well as their understanding of how to self-direct their IC competence independently. Data were collected through qualitative phenomenographic interview methods before, during, and after the IC exchanges. Interviews were audio recorded, transcribed, analyzed and categorized under IC features as expressed by the participants. Excerpts of the interviews are presented along with analyses that connect findings to literature of IC competence within educational contexts and second and foreign language teaching, as well as interpretations and discussion by the researcher. The study applied social-cultural theoretical concept of mediation, seeing all human action as subject to multiple interpretations (Eun and Lim, 2009), as well as zone of proximal development (ZPD) that advances the position of learning through interaction and collective engagement between the learner and more capable peers as essential to the learning process (Lantolf and Poehner, 2014). Through analysis of the interviews, the participants expressed benefits of the IC exchanges to their awareness and understanding of diverse cultural practices, specifically within teaching and learning. Participants also expressed a greater self-reflective and ethnorelative stance of their C1, as well as a more developed ability to articulate C1 practices. Additionally, participants discussed a greater understanding of how to foster an environment of cooperative engagement with ELLs within the second/foreign language classroom concerning cultural practices and perspectives. Lastly, analysis revealed the participants' initial understandings and challenges of how to continue developing their IC competence independently. The current study points to the importance of guiding pre-service teachers to develop deeper and more complex understandings of culture. / A Dissertation submitted to the Department of Educational Leadership and Policy Studies in partial fulfillment of the requirements for the degree of Doctor of Philosophy. / Spring Semester 2017. / April 10, 2017. / cultural synergy, culture, foreign and second language, Intercultural competence, teacher education, TESOL / Includes bibliographical references. / Jeffrey Milligan, Professor Directing Dissertation; Michael Leeser, University Representative; Peter Easton, Committee Member; Mostafa Papi, Committee Member.

published_or_final_version / Urban Planning / Master / Master of Science in Urban Planning

Thesis (MComm)--Stellenbosch University, 2004. / ENGLISH ABSTRACT: This study analyses the extent to which the current intellectual property system is suited to the protection of traditional knowledge in the Western Cape. Employing a multidisciplinary approach that incorporates economic and legal theory as well as legal philosophy, this study argues that although advances in the fields of biotechnology has brought with it the need for greater intellectual property rights protection, the protection of traditional knowledge has largely been ignored. Traditional ethnobotanical knowledge holds immense economic value for both commercial entities seeking to develop products based on traditional knowledge as well as for the communities that possess such knowledge. Protecting traditional knowledge is necessary to ensure that the communities contributing their knowledge are recognized and compensated for such contributions. In order for a system to provide adequate protection for traditional knowledge it has to be consistent with and suited to the needs of traditional knowledge holders. This study therefore evaluates the prevailing system of knowledge protection as embodied in the intellectual property rights regime as a means of protecting traditional knowledge. The analysis reveals that the dominant justification for the existence ofIPRs is based on utilitarian considerations that promote IPRs as a necessary incentive encouraging innovative activity. This utilitarian justification also provides the basis for an economic justification for the existence of IPRs that suggests that the conferring of exclusive rights (in the form of IPRs) to innovators ensure that such innovators are able to recover their research costs and realize profits from their inventions. The IPR system as it exists is underpinned by these considerations and embedded in principles of individualism and private property. The WTO reinforces and promotes this approach to intellectual property in the TRIPs agreement by recognizing intellectual property as a 'trade related' issue. The inclusion of IPRs as a 'trade related' issue in the multilateral framework of the WTO reflects the interests of multinational corporations and developed nations who rely extensively on these mechanisms to maintain their power and wealth in an increasingly knowledge driven global economy. The exclusion of traditional knowledge within the TRIPs, coupled with the desire to extend patents to cover life forms is also indicative of this bias inherent in the system. South African intellectual property legislation is then applied to the traditional knowledge of an indigenous medicinal plant to test whether IPRs are able to provide adequate protection to traditional knowledge. In this regard it is found that patent protection, which could potentially provide the greatest form of protection for traditional knowledge is. not suited to the needs of traditional knowledge holders. Problems of identifying owners, determining inventors and novelty, time limited rights and costs all limits the potential of patents as a tool for protecting traditional knowledge. Similar constraints limit the potential of other categories of IPRs to provide protection for traditional knowledge. However, it was found that IPRs do provide a certain measure of defensive protection. The study therefore concludes that the IPR system as it exists, both in the international trade environment as well as at the national level, fails to adequately address the threat of appropriation and the concerns of traditional knowledge holders. Amending the IPR system and/or developing sui generis systems of protection are therefore necessary to ensure that the knowledge of communities are protected and such communities are able to benefit from the exploitation oftheir knowledge and resources. / AFRIKAANSE OPSOMMING: Die doel van hierdie studie is om vas te stel in hoe 'n mate die huidige sisteem vir die beskerming van intellektuele eiendom geskik is vir die beskerming van tradisionele kennis in die Wes-Kaap. 'n Multidissiplinêre benadering, wat uit elemente van ekonomiese- en regsteorie sowel as regsfilosofie haal, is gevolg om te wys dat die beskerming van tradisionele kennis grootliks geïgnoreer is, alhoewel nuwe deurbrake in biotegnologie die behoefte skep vir groter bekerming van intellektuele eiendom. Tradisionele etnobotaniese kennis het geweldige ekonomiese waarde vir beide die kommersiële entiteite wat produkte uit sodanige kennis wil produseer sowel as vir tradisionele gemeenskappe aan wie die kennis behoort. Dus, indien sulke gemeenskappe voordeel wil trek uit hierdie kennis, is dit nodig dat hul bydraes erken moet word, en dat hulle daarvoor vergoed moet word. Sulke beskerming sal net doeltreffend wees indien dit aangepas is by die behoeftes van hierdie gemeenskappe. Dus word die huidige sisteem vir die beskerming van tradisionele kennis geevalueer in hierdie studie. Die ondersoek wys dat die sisteem vir die beskerming van intellektuele eiendom berus op die teoretiese basis van nutsmaksimering, waar die hoofdoel te vinde is in die bydrae wat dit kan maak tot ekonomiese welvaart deur middel van innovasie. In hierdie opsig word beskerming van intellektuele eiendom beskou as 'n manier waardeur die innoveerder sy navorsings- en ontwikkelingskostes kan delg en wins kan maak. Hierdie benadering word onderskryf deur die WTO in die TRIPS Ooreenkoms. In hierdie opsig word die belange van veral die ryk lande en die multinasionale maatskappye bevorder, 'n sleutelvoordeel in 'n wêreld waar kennis gepaardgaan met mag in die mark. Hierdie verskynsel word versterk deur die uitsluiting van tradisionele kennis van die TRIPS Ooreenkoms en die behoefte daaraan om patentregte uit te brei. Suid-Afrikaanse wetgewing oor intellektuele eiendom word vervolgens toegepas op die geval van tradisionele kennis oor 'n inheemse medisinale plant om te toets of intellektuele eiendomsreg genoegsame beskerming aan tradisionele kennis bied. Daar is gevind dat patentregte, wat potensieël die grootste mate van beskerming sou kon bied, nie gepas is in die geval van houers van tradisionele kennis nie. Probleme wat voorkom sluit in die identifisering van eienaars, innoveerders en innoverings, die tydsbeperking op regte, asook kosteoorwegings. Ander vorms van beskerming is aan soortgelyke kritiek onderhewig, alhoewel bevind is dat intellektuele eiendomsreg wel 'n mate van defensiewe beskerming bied. Die gevolgtrekking word dus gemaak dat die huidige vorms van beskerming vir intellektuele eiendomsreg, beide internasionaal sowel as in Suid-Afrika, nie die belange van die houers van tradisionele kennis beskerm nie. Dit is dus nodig om die huidige vorms aan te spreek, of om sui generis beskerming te ontwikkel om hiervoor te sorg.

As an engineering discipline within the United Kingdom, fire engineering is relatively young. It has been accepted as an alternative to traditional prescriptive means of meeting the functional requirements of the Building Regulations since the publication of the 1985 edition of Approved Document B, which was one of a series issued to provide practical guidance on the requirements of the Building Regulations for England and Wales. It deals specifically with fire safety requirements for building work. Performance-based fire engineering design methods have facilitated architectural design freedoms and supported creative construction. This research has established that for a successful and holistic fire engineering strategy to be developed; The end-user client should describe from the outset what they want their building or facility to achieve, and there should be an agreed process for this to happen; Commercial property insurers should be consulted and exploited as a useful and intelligent resource to the design team; and Fire engineering practitioners should fulfil their role as advisers to the architect, or building design team, in order to achieve the agreed objectives. However, it has become evident that since fire engineering has become more established, it is clear that we are far from this ideal situation. Significant concerns have been raised regarding various elements of the design process including the ability to consider aspects other than life safety. Within this discourse, the author has outlined their research investigating how performance-based fire engineering techniques are used within building design. The literature review explores key concepts of fire engineering including definitions and benefits etc., and also describes concerns regarding the motivations for applying fire engineering techniques to building design. Survey-based research suggests that greater input is required from commercial property insurers at the building design stage in order to champion property protection and business resilience objectives. A case-study investigation, however, concluded that for a number of reasons, it is impractical to expect the insurer to influence the design team to the extent desired. Therefore, in response to these various research activities, the concept of business impact analysis has been introduced and developed by the author to ensure that property protection and business continuity objectives are at the forefront of new building design, whether the insurer is involved in the process or not. In order to help consulting fire engineers and architectural design teams incorporate business protection objectives in their fire safety designs, there is a requirement for the established British Standard, which defines a fire engineering procedure, to be enhanced. The author was instrumental in acquiring support from the Technical Committee within BSI responsible for maintaining the Standard, and PD 7974-8 Application of fire safety engineering principles to the design of buildings- Part 8: Property protection, mission continuity and resilience (British Standards institution, 2012) has been developed and published, led by the author. This significant new Standard embeds the use of a business impact analysis as an integral part of the qualitative design review process. Without following the BIA process as described in the draft document PD7974-8, business resilience objectives may be missed within the building design phase, allowing an inferior package of fire protection measures to be incorporated into building developments. For the first time, this new document will enable the building designer to be fully cognisant of their client's critical processes and the resources required to support these processes. It will therefore enable the appropriate fire safety measures to be incorporated into the building design to enhance business resilience. Initial evaluations of this guide though various stakeholder dissemination activities and a public consultation process has been positive. The potential concerns that the evaluations have raised regarding the role of the fire engineer throughout the building design phase, and regarding the prevalence of BIA within organisations will be addressed in the guide and the way it is publicised upon its launch.

published_or_final_version / Public Administration / Master / Master of Public Administration

published_or_final_version / Architecture / Master / Master of Architecture

No description available.

In this paper, we discuss a wireless grid in which users are highly mobile, and form ad-hoc and sometimes short-lived connections with other devices. As they roam through networks, the users may choose to employ privacy-enhancing technologies to address their privacy needs and benefit from the computational power of the grid for a variety of tasks, including sharing content. The high rate of mobility of the users on the wireless grid, when combined with privacy enhancing mechanisms and ad-hoc connections, makes it difficult to conclusively link devices and/or individuals with network activities and to hold them liable for particular downloads. Protecting intellectual property in this scenario requires a solution that can work in absence of knowledge about behavior of particular individuals. Building on previous work, we argue for a solution that ensures proper compensation to content owners without inhibiting use and dissemination of works. Our proposal is based on digital tracking for measuring distribution volume of content and compensation of authors based on this accounting information. The emphasis is on obtaining good estimates of rate of popularity of works, without keeping track of activities of individuals or devices. The contribution of this paper is a revenue protection mechanism, Distribution Volume Tracking, that does not invade the privacy of users in the wireless grid and works even in the presence of privacy-enhancing technologies they may employ.