Massey Documents by Type

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Subject: search.filters.subject.390000 Law, Justice and Law Enforcement

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    Trade secrets in New Zealand : a thesis presented in partial fulfilment of the requirements for the degree of Doctor of Philosophy in Business Law at Massey University, Palmerston North, New Zealand
    (Massey University, 1996) Stewart, Duncan
    The major problems associated with trade secret law in New Zealand are that it is confused in definition and in jurisdiction. This confusion contributes to the failure of trade secret law in some instances, particularly to protect information created in the emerging biotechnology and computer software industries. This has contributed to alternative forms of protection, notably through copyright for computer programs. From a review of the current law, categories of trade secrets are identified, including sub-patentable and patentable trade secrets. The jurisdictional dispute may be resolved if it is recognised that trade secrets represent a form of property right. To this end, the legal and economic approaches to property rights are synthesised. This synthesis is then extended to create a legal-economic model of the justifications for, and the problems with, the protection of these rights: the intellectual property rights continuum. From this model, it is concluded that some legal protection of trade secrets is justified, provided that equally harmful effects are not created. In particular, sub-patentable trade secrets may warrant greater protection, and patentable trade secrets may be over-protected. One proposal is to punish industrial espionage, although some harmful effects may result. Utility models and laws that protect trade secrets in general are considered and rejected as solutions. Instead, patents of improvement (PI) are proposed which would protect trade secrets that represent an advance on an existing patent. PI would represent a lower standard of inventiveness that is adopted from American biotechnology patent disputes, and so protect sub-patentable trade secrets. The other, higher threshold from the existing English patent law would remain as the patent standard. If a PI were granted to a patent owner, then s/he could practise price discrimination, but if granted to a rival, then competition could result. Either outcome could protect trade secrets, yet mitigate the harmful effects of legal protection. If these proposals were adopted, more information could be produced as well as utilised. Moreover, the growth of the biotechnology and computer software industries in New Zealand could be furthered.
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    Professional supervision practice under new public management : a study of the perspectives of probation officers and service managers in the community probation service : a thesis presented in partial fulfilment of the requirements for the degree of Master of Philosophy in Social Policy and Social Work, Massey University, Palmerston North, New Zealand
    (Massey University, 1999) O'Donoghue, Kieran Barry
    This thesis examines professional supervision practice under new public management from the perspectives of probation officers and service managers in the Community Probation Service. In particular, the research explores the participants’ philosophy of professional supervision, their recent supervision experiences, and their aspirations and expectations with regard to professional supervision. In order to provide a background for an informed analysis and discussion of the research findings, the thesis discusses the key themes in the social service supervision and new public management literature. It also examines the Community Probation Service’s context and the history of new public management and professional supervision in this organisation. The thesis is a qualitative study that is informed by social work practice theory and utilises the phenomenological and hermeneutic approaches. The research findings show that amongst the participants there was: (a) an unclear philosophy of supervision; (b) minimal recent experience of supervision and little ownership or support for the agency supervision project; (c) a belief that the context increased their need for supervision, but at the same time reduced their ability to receive or participate in it; (d) an expectation that professional supervision would assist them to work more effectively with clients and staff; (e) an expectation of good committed supervisors who would support and help them develop; and (f) an expectation that the agency would support professional supervision through resourcing, guidelines, accredited supervisors and the establishment of a learning culture. The major implications of these findings are that: (1) there is a need for staff to be socialised into professional social service supervision; (2) that the professional supervision programme within the Community Probation Service, as currently implemented, is unlikely to be successful; and (3) that professional social service supervision needs to be focused upon persons and their environments, rather than upon the agency.
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    Indigenous intellectual and cultural property rights
    (2008-01-30T22:17:12Z) Lilley, Spencer C
    1999 heralds the beginning of the United Nations Decade for Indigenous Peoples. A number of issues will be highlighted throughout the decade and new opportunities will emerge. In recent years both Australia and New Zealand have witnessed a rebirth of interest in indigenous issues. One of the more complex issues that has emerged has been that of cultural and intellectual property rights. Assertion of property rights over traditional forms of knowledge will become one of the leading challenges for indigenous peoples during this decade. Indigenous intellectual and cultural property rights do not fit neatly into western legal frameworks and this therefore leaves the knowledge of indigenous peoples vulnerable to exploitation. Indigenous peoples are establishing their own networks and working through international organisations such as the United Nations Working Group on Indigenous Populations to identify sectors where cultural and/or intellectual property rights are being compromised. Libraries and information centres store and provide access to a variety of resources that fall into the category of intellectual and cultural property and this will subject our sector to intense scrutiny. This paper will identify what constitutes cultural and intellectual property rights, how it conflicts with western law, and what the implications for libraries and information centres are.