Closing the gap between copyright and designs : an age of enlightnement or state of confusion?

The arena of intellectual property encompasses streams that often interrelate and overlap in protecting different aspects of intellectual property. Australian commentators suggest that ‘one of the most troublesome areas in the entire field of intellectual property has been the relationship between copyright protection for artistic works under the Copyright Act 1968 (Cth) and protection for registered designs under the Designs Act 1906 (Cth).’ [McKeough, J., Stewart, A., & Griffith, P. (2004). Intellectual property in Australia (3rd ed.). Chatswood, NSW: Butterworths.] [Ricketson, S., Richardson, M., & Davison, M. (2009). Intellectual property: Cases, materials and commentary (4th ed.). Chatswood, NSW: LexisNexis Butterworths.] This overlap has caused much confusion for both creators of artistic works and industrial designs, as there is an uncertainty of whether protection against infringement is afforded under the Copyright Act 1988 (Cth) or whether the Designs Act 2003 (Cth) will apply. In Australia, there is limited precedent that examines the crossover between copyright and designs. Essentially, the cases that have tested this issue remain unclear as to whether a design applied industrially will invoke copyright protection. The cases demonstrate that there is an inconsistency in this area despite the aims of the new provisions of the Designs Act 2003 (Cth) to close the loopholes between copyright and designs. This paper will discuss and evaluate the relationship between copyright protection for artistic works and protection for registered designs with respect to the Designs Act 2003 (Cth).

Bridging the gap between tertiary education and work : situated learning in accountancy

In professions such as teaching, health sciences (medicine, nursing), and built environment, significant work-based learning through practica is an essential element before graduation. However, there is no such requirement in professional accounting education. This paper reports the findings of an exploratory qualitative case study of the implementation of a Workplace Learning Experience Program in Accountancy at the Queensland University of Technology (QUT) in Australia. The interview-based study documents the responses of university students and graduates to this program. The study demonstrates that a 100 hour work placement in Accountancy can enhance student learning. It highlights the potential value of the application of sociocultural theories of learning, especially the concept of situated learning involving legitimate peripheral participation (Lave and Wenger 1991). This research adds to a small body of empirical accounting education literature relating to the benefits of work placements prior to graduation. The effectiveness of this short, for credit, unpaid program should encourage other universities to implement a similar work placement program as a form of pre-graduation learning in professional accounting education.

Ratchetting of railhead in the vicinity of the gap of the insulated rail joints

Insulated Rail Joints (IRJs) are designed to electrically isolate two rails in rail tracks to control the signalling system for safer train operations. Unfortunately the gapped section of the IRJs is structurally weak and often fails prematurely especially in heavy haul tracks, which adversely affects service reliability and efficiency. The IRJs suffer from a number of failure modes; the railhead ratchetting at the gap is, however, regarded as the root cause and attended to in this thesis. Ratchetting increases with the increase in wheel loads; in the absence of a life prediction model, effective management of the IRJs for increased wagon wheel loads has become very challenging. Therefore, the main aim of this thesis is to determine method to predict IRJs' service life. The distinct discontinuity of the railhead at the gap makes the Hertzian theory and the rolling contact shakedown map, commonly used in the continuously welded rails, not applicable to examine the metal ratchetting of the IRJs. Finite Element (FE) technique is, therefore, used to explore the railhead metal ratchetting characteristics in this thesis, the boundary conditions of which has been determined from a full scale study of the IRJ specimens under rolling contact of the loaded wheels. A special purpose test set up containing full-scale wagon wheel was used to apply rolling wheel loads on the railhead edges of the test specimens. The state of the rail end face strains was determined using a non-contact digital imaging technique and used for calibrating the FE model. The basic material parameters for this FE model were obtained through independent uniaxial, monotonic tensile tests on specimens cut from the head hardened virgin rails. The monotonic tensile test data have been used to establish a cyclic load simulation model of the railhead steel specimen; the simulated cyclic load test has provided the necessary data for the three decomposed kinematic hardening plastic strain accumulation model of Chaboche. A performance based service life prediction algorithm for the IRJs was established using the plastic strain accumulation obtained from the Chaboche model. The predicted service lives of IRJs using this algorithm have agreed well with the published data. The finite element model has been used to carry out a sensitivity study on the effects of wheel diameter to the railhead metal plasticity. This study revealed that the depth of the plastic zone at the railhead edges is independent of the wheel diameter; however, large wheel diameter is shown to increase the IRJs' service life.

The impact of mining and smelting activities on property values : a study of Mount Isa city, Queensland, Australia

Much publicity has been given to the problem of high levels of environmental contaminants, most notably high blood lead concentration levels among children in the city of Mount Isa because of mining and smelting activities. The health impacts from mining-related pollutants are now well documented. This includes published research being discussed in an editorial of the Medical Journal of Australia (see Munksgaard et al. 2010). On the other hand, negative impacts on property prices, although mentioned, have not been examined to date. This study rectifies this research gap. This study uses a hedonic property price approach to examine the impact of mining- and smelting-related pollution on nearby property prices. The hypothesis is that those properties closer to the lead and copper smelters have lower property (house) prices than those farther away. The results of the study show that the marginal willingness to pay to be farther from the pollution source is AUS $13 947 per kilometre within the 4 km radius selected. The study has several policy implications, which are discussed briefly. We used ordinary least squares, geographically weighted regression, spatial error and spatial autoregressive or spatial lag models for this analysis.

Simulations of the spontaneous emission of a quantum dot near a gap plasmon waveguide

In this paper we modeled a quantum dot at near proximity to a gap plasmon waveguide to study the quantum dot-plasmon interactions. Assuming that the waveguide is single mode, this paper is concerned about the dependence of spontaneous emission rate of the quantum dot on waveguide dimensions such as width and height. We compare coupling efficiency of a gap waveguide with symmetric configuration and asymmetric configuration illustrating that symmetric waveguide has a better coupling efficiency to the quantum dot. We also demonstrate that optimally placed quantum dot near a symmetric waveguide with 50 nm x 50 nm cross section can capture 80% of the spontaneous emission into a guided plasmon mode.

Bridging the gap in school achievement through the arts : summary report

Educational Transformations Pty Ltd was commissioned by The Song Room (TSR) to conduct a study of the impact of TSR programs in government schools in relatively disadvantaged communities in New South Wales (NSW) on indicators of student performance that have been identified in previous research as related to potential engagement in juvenile crime. Students in Grades 5 and 6 were the subjects of study. TSR is a not-for-profit organisation in receipt of grants from public and private sources that conducts free programs in the performing arts in schools where these are not currently offered. These programs are conducted by mutual agreement between TSR and participating schools. Across Australia, approximately 200 schools and 40,000 students are engaged for a minimum of six months each year. Students typically participate for approximately one hour per week in each class. Instruction is provided by a Teaching Artist (TA), contracted to TSR and working in partnership with the classroom teacher at the school of placement. TSR received a three-year grant from the Macquarie Group Foundation to investigate the efficacy of its interventions in improving social and education outcomes for children in a range of high need target group areas participating in its program...

Postcards from somewhere : ‘marginal’ cultural production, creativity and community

This paper focuses on a case study of local postcard production in a rural community in Western Australia. Drawing on in-depth interviews with key producers of these postcards, the analysis presented explores perceptions of and contexts for the emergence of this production, in turn examining the notion of ‘creativity’ articulated and privileged by this cultural work. Connections are identified between the making of postcards, the broader historical field of local cultural work and the construction of community. This, in turn, forms the basis for consideration of the role and relativity of ‘marginality’.

The use of headings and marginal notes in interpreting Queensland legislation : appearances can be deceptive

This article considers the rules relating to the use of marginal notes and headings in interpreting Queensland legislation, both in its original form and in reprinted legislation. It also examines the application of the principles of construction as to the use of section headings in the interpretation of provisions of the Criminal Code 1899 (Qld). Finally, it suggests that amendments should be made to the Acts Interpretation Act 1954 (Qld) in order to clarify the position as to the status of marginal notes and headings in statutory interpretation.

Recursive pathways to marginal likelihood estimation with prior-sensitivity analysis

We investigate the utility to computational Bayesian analyses of a particular family of recursive marginal likelihood estimators characterized by the (equivalent) algorithms known as "biased sampling" or "reverse logistic regression" in the statistics literature and "the density of states" in physics. Through a pair of numerical examples (including mixture modeling of the well-known galaxy dataset) we highlight the remarkable diversity of sampling schemes amenable to such recursive normalization, as well as the notable efficiency of the resulting pseudo-mixture distributions for gauging prior-sensitivity in the Bayesian model selection context. Our key theoretical contributions are to introduce a novel heuristic ("thermodynamic integration via importance sampling") for qualifying the role of the bridging sequence in this procedure, and to reveal various connections between these recursive estimators and the nested sampling technique.

Study on dynamic system optimum assignment to establish marginal time equilibrium

Several analytical methods for Dynamic System Optimum (DSO) assignment have been proposed but they are basically classified into two kinds. This chapter attempts to establish DSO by equilbrating the path dynamic marginal time (DMT). The authors analyze the path DMT for a single path with tandem bottlenecks and showed that the path DMT is not the simple summation of DMT associated with each bottleneck along the path. Next, the authors examined the DMT of several paths passing through a common bottleneck. It is shown that the externality at the bottleneck is shared by the paths in proportion to their demand from the current time until the queue vanishes. This share of the externality is caused by the departure rate shift under first in first out (FIFO) and the externality propagates to the downstream bottlenecks. However, the externalities propagates to the downstream are calculated out if downstream bottlenecks exist. Therefore, the authors concluded that the path DMT can be evaluated without considering the propagation of the externalities, but just as in the evaluation of the path DMT for a single path passing through a series of bottlenecks between the origin and destination. Based on the DMT analysis, the authors finally proposed a heuristic solution algorithm and verified it by comparing the numerical solution with the analytical one.

Rich evaluations of entertainment experience: bridging the interpretational gap

This paper reports a qualitative study of evaluating the ?experience? supported by a state-of-the-art interactive television application. Internet Protocol Television (IPTV) system is a new technology in the ever-growing industry of interactive entertainment. Focusing on the users? interpretations, we applied a set of rich evaluation strategies to collect data about users? experiences with the IPTV. The results show implications about how the users constructed complex and reflective understandings about the system. The evaluation suite helped us gather information about users? aspirations, expectations, and intellectual and emotional states of their understandings. The results also imply a strong support for taking into account the non-technical values of human-technology interaction.

On natures of sub-gap photoelectric and optical spectra in nitrogen-contaminated nanocrystalline diamond

Experimentally observed optical and photoelectrical spectra of nitrogen-contaminated (unintentionally doped) nano-crystalline CVD diamond films are simulated using semi-empirical adiabatic General Skettrup Model (GSM), which presumes dominant contributions of defect states from sp 3-coordinated intra-granular carbon atoms to intra-band single electron spectrum N(E) of the material. This picture disagrees with a common viewpoint that the N(E) spectrum of the gap states in diamond powders and polycrystalline CVD films mainly originates from π and π* bonds of sp2-coordinated carbon atoms, which are distributed nearly uniformly over outer surfaces and/or interfaces of the diamond grains. The GSM predicts as well strong effect of granular morphology on the density of intra-band defect states in polycrystalline diamonds.

Self-interaction of surface polaritons at the narrow-gap n-type semiconductor metal interface

The non-linear self-interaction of the potential surface polaritons (SP) which is due to the free carriers dispersion law where nonparabolicity is studied. The SP propagate at the interface between n-type semiconductor and a metal. The self interaction of the SP is shown to be different in semiconductors with normal and inverse zone structures. The results of the SP field envelope evolution are given. The obtained nonlinear frequency shift has been compared with shifts which are due to another self-interaction mechanisms. This comparison shows that the nonlinear self-interaction mechanism, which is due to free carriers spectrum nonparabolicity, is especially significant in narrow-gap semiconductor materials.

The effects of low degree alteration on Sm-Nd and U-Pb isotope systematics in Eoarchean basalts from the Doolena Gap and Warralong Greenstone belts, Pilbara Craton, Western Australia

This research led to the discovery of one of the best preserved remnants of the Earth's surficial environment 3.47 billion years ago. These ancient volcanic and sedimentary rocks contain original minerals and textures that are rare in rocks of this age. The research concentrated on chemical analysis of volcanic rocks to differentiate secondary alteration from the primary magmatic signature. This study contributes to our understanding of melting processes and geochemical reservoirs in the early Earth, which is vital for forward modelling of Earth's geodynamic evolution.

Band gap tunable N-type molecules for organic field effect transistors

A series of four novel n-type molecules has been synthesized. Unlike previous approaches, the end group of these molecules was fixed and the molecular core was varied. The resulting materials were thoroughly analyzed. Electronic properties were derived from photoemission spectroscopy, optical properties were derived with the help of optical spectroscopy, and the structure of thin films on Au(111) was derived by scanning tunneling microscopy (STM). In addition, prototypical organic field-effect transistors (OFETs) (forming n-channels in OFETs) have been fabricated and tested. The correlation between the device performance of the respective OFETs (i.e., electron mobility) and their electronic as well as structural properties was investigated. It turned out that a combination of beneficial electronic and structural properties provides the best results. These findings are important for the design of new materials for future device applications.