Locking away the mysteries of fair basis : Lockwood v Doric in the High Court

This article updates a previous article on the Lockwood v Doric fair basing case in the Full Court of the Federal Court which was recently appealed to the High Court. The High Court's decision provides a new and welcome level of clarity in this difficult area of patent law. With this new clarity we can finally lock away some of the mysteries that have plagued the area for some time. Already, indications are that Lockwood's guidelines are being usefully applied in the Patent Office and Federal Court.

Does the fair basing "problem child" escape Lockwood?

In an earlier article the concept of fair basing in Australian patent law was described as a "problem child", often unruly and unpredictable in practice, but nevertheless understandable and useful in policy terms. The article traced the development of several different branches of patent law that were swept under the nomenclature of "fair basing" in Britain in 1949. It then went on to examine the adoption of fair basis into Australian law, the modern interpretation of the requirement, and its problems. This article provides an update. After briefly recapping on the relevant historical issues, it examines the recent Lockwood "internal" fair basing case in the Federal and High Courts.

Impacts and opportunities : resident's view on sustainable development of tourism in regional Queensland, Australia

Tourism development is a priority for rural and regional areas of Australia. The challenge is how to develop the tourism industry in a sustainable manner. As part of a larger project investigating community perceptions of opportunities, strategies and challenges in regional sustainable development, this article explores participant's views and opinions of tourism development. Through purposive sampling, 28 local community leaders and residents in the Darling Downs region in Queensland, Australia, participated in four semi-structured focus groups. This paper focuses on two of these focus groups, where tourism was a critical issue. Participants were generally positive about the tourism industry and its impacts on their community, although they expressed several triple bottom line concerns about economic, environmental and scoial issues. Four key themes emerged: appropriate land use management, limited resources and ageing/insufficient infrastructure, preservaation of community heritage and lifestyle, and regional conflict. Residents supported sustainable tourism development and wanted to be more actively involved in decision-making, demanding greater transparency - and true engagement - from local government.

A study of the generalised max–min fair rate allocation for ABR control in ATM

In the rate-based flow control for ATM Available Bit Rate service, fairness is an important requirement, i.e. each flow should be allocated a fair share of the available bandwidth in the network. Max–min fairness, which is widely adopted in ATM, is appropriate only when the minimum cell rates (MCRs) of the flows are zero or neglected. Generalised max–min (GMM) fairness extends the principle of the max–min fairness to accommodate MCR. In this paper, we will discuss the formulation of the GMM fair rate allocation, propose a centralised algorithm, analyse its bottleneck structure and develop an efficient distributed explicit rate allocation algorithm to achieve the GMM fairness in an ATM network. The study in this paper addresses certain theoretical and practical issues of the GMM fair rate allocation.

Fair flow control of ABR service by per-VC virtual queuing

In this paper, a rate-based flow control scheme based upon per-VC virtual queuing is proposed for the Available Bit Rate (ABR) service in ATM. In this scheme, each VC in a shared buffer is assigned a virtual queue, which is a counter. To achieve a specific kind of fairness, an appropriate scheduler is applied to the virtual queues. Each VC's bottleneck rate (fair share) is derived from its virtual cell departure rate. This approach of deriving a VC's fair share is simple and accurate. By controlling each VC with respect to its virtual queue and queue build-up in the shared buffer, network congestion is avoided. The principle of the control scheme is first illustrated by max–min flow control, which is realised by scheduling the virtual queues in round-robin. Further application of the control scheme is demonstrated with the achievement of weighted fairness through weighted round robin scheduling. Simulation results show that with a simple computation, the proposed scheme achieves the desired fairness exactly and controls network congestion effectively.

Creative, culture tourism and place-making : Istanbul and London film industries

During the last decade many cities have sought to promote creativity by encouraging creative industries as drivers for economic and spatial growth. Among the creative industries, film industry play an important role in establishing high level of success in economic and spatial development of cities by fostering endogenous creativeness, attracting exogenous talent, and contributing to the formation of places that creative cities require. The paper aims to scrutinize the role of creative industries in general and the film industry in particular for place making, spatial development, tourism, and the formation of creative cities, their clustering and locational decisions. This paper investigates the positive effects of the film industry on tourism such as incubating creativity potential, increasing place recognition through locations of movies filmed and film festivals hosted, attracting visitors and establishing interaction among visitors, places and their cultures. This paper reveals the preliminary findings of two case studies from Beyoglu, Istanbul and Soho, London, examines the relation between creativity, tourism, culture and the film industry, and discusses their effects on place-making and tourism.

New media services : ratings and recommendations websites in the travel and tourism industry

The travel and hospitality industry is one which relies especially crucially on word of mouth, both at the level of overall destinations (Australia, Queensland, Brisbane) and at the level of travellers’ individual choices of hotels, restaurants, sights during their trips. The provision of such word-of-mouth information has been revolutionised over the past decade by the rise of community-based Websites which allow their users to share information about their past and future trips and advise one another on what to do or what to avoid during their travels. Indeed, the impact of such user-generated reviews, ratings, and recommendations sites has been such that established commercial travel advisory publishers such as Lonely Planet have experienced a pronounced downturn in sales ¬– unless they have managed to develop their own ways of incorporating user feedback and contributions into their publications. This report examines the overall significance of ratings and recommendation sites to the travel industry, and explores the community, structural, and business models of a selection of relevant ratings and recommendations sites. We identify a range of approaches which are appropriate to the respective target markets and business aims of these organisations, and conclude that there remain significant opportunities for further operators especially if they aim to cater for communities which are not yet appropriately served by specific existing sites. Additionally, we also point to the increasing importance of connecting stand-alone ratings and recommendations sites with general social media spaces like Facebook, Twitter, and LinkedIn, and of providing mobile interfaces which enable users to provide updates and ratings directly from the locations they happen to be visiting. In this report, we profile the following sites: * TripAdvisor, the international market leader for travel ratings and recommendations sites, with a membership of some 11 million users; * IgoUgo, the other leading site in this field, which aims to distinguish itself from the market leader by emphasising the quality of its content; * Zagat, a long-established publisher of restaurant guides which has translated its crowdsourcing model from the offline to the online world; * Lonely Planet’s Thorn Tree site, which attempts to respond to the rise of these travel communities by similarly harnessing user-generated content; * Stayz, which attempts to enhance its accommodation search and booking services by incorporating ratings and reviews functionality; and * BigVillage, an Australian-based site attempting to cater for a particularly discerning niche of travellers; * Dopplr, which connects travel and social networking in a bid to pursue the lucrative market of frequent and business travellers; * Foursquare, which builds on its mobile application to generate a steady stream of ‘check-ins’ and recommendations for hospitality and other services around the world; * Suite 101, which uses a revenue-sharing model to encourage freelance writers to contribute travel writing (amongst other genres of writing); * Yelp, the global leader in general user-generated product review and recommendation services. In combination, these profiles provide an overview of current developments in the travel ratings and recommendations space (and beyond), and offer an outlook for further possibilities. While no doubt affected by the global financial downturn and the reduction in travel that it has caused, travel ratings and recommendations remain important – perhaps even more so if a reduction in disposable income has resulted in consumers becoming more critical and discerning. The aggregated word of mouth from many tens of thousands of travellers which these sites provide certainly has a substantial influence on their users. Using these sites to research travel options has now become an activity which has spread well beyond the digirati. The same is true also for many other consumer industries, especially where there is a significant variety of different products available – and so, this report may also be read as a case study whose findings are able to be translated, mutatis mutandis, to purchasing decisions from household goods through consumer electronics to automobiles.

Culture-fair assessment : challenging Indigenous students through effortful mathematics teaching

This paper reports on a mathematics education research project centred on teachers’ pedagogical practices and capacity to assess Indigenous Australian students in a culture-fair manner. The project has been funded by the Australian Research Council Linkage program and is being conducted in seven Catholic and Independent primary schools in north Queensland. Our Industry Partners are Catholic Education and the Association of Independent Schools, Queensland. The study aims to provide greater understanding about how to build more equitable assessment practices to address the issue of underperforming Aboriginal and Torres Strait Islander (ATSI) students in regional and remote Australia. The goal is to identify ways forward by attending to culture-fair assessment practice. The research is exploring the attitudes, beliefs and responses of Indigenous students to assessment in the context of mathematics learning with particular focus on teacher knowledge in these educational settings in relation to the design of assessment tasks that are authentic and engaging for these students in an accountability context. This approach highlights how teachers need to distinguish the ‘funds of knowledge’ (González, Moll, Floyd Tenery, Rivera, Rendón, Gonzales & Amanti, 2008) that Indigenous students draw on and how teachers need to be culturally responsive in their pedagogy to open up curriculum and assessment practice to allow for different ways of knowing and being

Xiamen Hai Cang tourism project : landscape planning and design of five islands

International practice-led design research in landscape architecture has identified the need for addressing the loss of biodiversity in urban environments. China has lost much of its biodiversity in rural and urban environments over thousands of years. However some Chinese cities have attempted to conserve what remains and enhance existing vegetation communities in isolated pockets. Island biogeography has been used as the basis for planning and designing landscapes in Australia and North America but not as yet in China, as far as we know. A gap in landscape design knowledge exists regarding how to apply landscape ecology concepts to urban islands of remaining biodiversity being developed for heavy Chinese domestic tourism impacts in the future. This project responded to the demands for harbour-side tourism opportunities in Xiamen City, Fujian Province, by proposing a range of eco-design innovations using concepts of patch, edge and interior to interconnect people and nature in a Chinese setting.

Culture and creative industries in Australia

This paper draws upon the Australian case to argue that the case for support for cultural production and cultural infrastructure has been strengthened overall by its alignment to economic policy goals. In this respect, the rise of creative industries policy discourses is consistent with trends in thinking about cultural policy that have their roots in the Creative Nation strategies of the early 1990s. In terms of the earlier discussion, cultural policy is as much driven by Schumpeterian principals as it is by Keynesian ones. Such an approach is not without attendant risks, and two stand out. The first is the risk of marginalizing the arts, through a policy framework that gives priority to developing the digital content industries, and viewing the creative industries as primarily an innovation platform. The second is that other trends in the economy, such as the strong Australian dollar resulting from the mining boom, undercuts the development of cultural production in the sections of the creative industries where international trade and investment is most significant, such as the film industry and computer games. Nonetheless, after over a decade of vibrant debate, this focus on linking the cultural and economic policy goals of the creative industries has come to be consistent with broader international trends in the field.