Intellectual property, creativity and innovation : IP models and the political economy of developing Asia

In advanced capitalist societies, intellectual property laws protecting such subject matter as copyright and patents are justified by a combination of theories, which include the provision of economic incentives to foster creativity and innovation and the prevention of unfair competition. IP academics and policy makers have differing views about the appropriate balance between these objectives and public interest considerations such as health, education and the protection of the environment. These different views entered the policy debate in Asian developing countries in connection with an unprecedented introduction and expansion of IP laws over the last 25 years. This paper will use case studies of law reform from Asia, in particular Southeast Asia, to show that the policy considerations of governments in reforming their laws were often quite different from the standard rationale mentioned above. As much of the IP was, at least initially, held by foreigners and introduced to attract foreign investment, national development considerations were joined with the more commonly quoted objectives to promote the rights, creativity and innovation of individuals. Such national development objectives at times coincided and at other times collided with official explanations and received wisdom about the effects of stronger IP rights.

Especially in the early postcolonial period, copyright laws and other IP laws were frequently restricted or simply not implemented, if they conflicted with development policies in areas such as education or public health. Such policies were slowly changing in the wake of WTO-TRIPS and other international agreements. Nevertheless, the implementation and enforcement of the IP laws has been uneven. Specialised institutions such as courts and IP administering agencies compete with other branches of government and administration for limited funding and a rich repertoire of informal dispute settlement procedures has kept the number of court cases relatively low. In some countries, censorship laws have influenced freedom of expression and led to quite idiosyncratic interpretations of intellectual property laws. Governments often also retain a role in the assessment of licensing and technology transfer contracts. And while there are many programs to foster individual creativity, in most cases R & D activities are still largely taking place in government institutions and this has influenced the thinking about intellectual property rights and creativity in the context of employment.

The paper uses a few case studies to examine the implementation of IP laws in selected Asian developing countries to point to the quite different institutional setting for IP law reform in comparison to European or American models. It reaches some tentative conclusions as to the likely effects on creativity and innovation under these different circumstances.

Improving care for people with osteoarthritis of the hip and 'knee : how has national policy for osteoarthritis been translated into service models in Australia?

There is strong rationale for improving care for people with chronic conditions, including osteoarthritis (OA). Successful implementation of healthcare reform requires new concepts and directions that are strongly supported by policy, new models of care (service redesign) and changes in day-to-day practice (healthcare provider and patient practice). In this paper we discuss the extent to which policy about management of OA of the hip and knee has been translated into new service models in Australia. A structured search of government and other key health websites in Australia was performed to identify policy, funding initiatives and new services models for managing OA of the hip and knee. This search was supported by a literature review. Musculoskeletal conditions were designated a National Health Priority in Australia in 2002. Under the Better Arthritis and Osteoporosis Care initiative, Australia has developed a national policy for OA care and national evidence-based clinical practice guidelines for management of OA of the hip and knee. Only two well described examples of new chronic disease management service models, the Osteoarthritis Clinical Pathway (OACP) model and the Osteoarthritis Hip and Knee Service (OAHKS) were identified. Primarily focused within acute care public hospital settings, these have been shown to be feasible and acceptable but have limited data on clinical impact and cost-effectiveness. While policy is extant, implementation has not been systematic and comprehensive. Clinicians have evidence-based recommendations for OA management but are poorly supported by service models to deliver these effectively and efficiently.

The mutual obligation policy in Australia : the rhetoric and reasoning of recent social security policy

Since 1997, the Australian Federal Liberal Government has introduced policies which have sought to reduce rates of unemployment, particularly long-term unemployment. The policy, known as Mutual Obligation, increased the expectations on unemployed people in return for their social security payment. At the same time, previous labour market programmes and government assistance schemes were scrapped or privatised. This article explores the justification of the term 'Mutual Obligation' by examining both the language and the underlying principles of the policy. By defining the problem of unemployment in terms of flaws in the previous social security system, the stage is set for the government to introduce policies which remedy those flaws by emphasising self- reliance in favour of government assistance. Further, by invoking notions of fairness and mutuality, the article argues that the term 'Mutual Obligation' masks both the extent and the strength of the obligations imposed on unemployed people.

Australia's health 2006 : the tenth biennial report of the Australian Institute of Health and Welfare

The report shows that Australians generally have good health and are privileged to have a range of health care services available to them. There are stark exceptions to this that can be confronting—even if well-known already—notably the generally much poorer health status of Indigenous Australians.

Health care service provider and funding arrangements are both increasingly complex and increasingly costly to both individuals and taxpayers. A continuing challenge is how to balance both the complementary and competitive perspectives of government and non-government agencies, professional groups, and small businesses. Overall, national expenditure on health was 9.7% of GDP in 2003–04; and average health expenditure per person has grown by an average 3.8% each year between 1997–98 to 2002–03. Expenditure on aids and appliances, health research and pharmaceuticals contributed more to this growth than other areas.

While the ageing of the population is having a significant impact on the number and type of health care services delivered, high quality services for children continue to be a priority. Australia’s health 2006 has a special chapter focusing on children and their health. The chapter highlights the fact that while our children are generally very healthy, there are concerns that their ongoing health could be affected by more and more of them becoming overweight or obese. Levels of diabetes are now rising among our children and it is a continuing concern that asthma and mental health problems affect so many of them.

Two steps forward, one step back : Indonesia’s arduous path to reform

Australians have long worried about whether Indonesia is ‘special’ or ‘normal’. Instead, we need to deal with Indonesia as it really is—a country experiencing simultaneously the challenges of political reform, economic development and a shifting regional security environment. The country’s political future is less certain than we would hope: after SBY’s term of government ends, the choice of a successor will be critical in determining the future of reform. We can’t rule out that Indonesia might slide back to old ways of doing business—democratisation is a fraught process.
As the Indonesian economy grows, so too do the prospects for Indonesia to establish its natural position as the leader of Southeast Asia. As the world is re-examining Indonesia, so too Indonesia is looking afresh at the world—more interested in external issues than it was a decade ago. The Southeast Asian subregion increasingly finds itself at the centre of a more strongly interconnected Indo-Pacific region—so Indonesia’s strategic importance is going up.
It’s important for Australia to build a better strategic relationship with Indonesia. The two are complementary partners. Australia should be proactive in exploring new opportunities for cooperation with a reform minded Indonesia—it’s in our interests to draw Indonesia into a more important strategic role in regional security.
Professor Damien Kingsbury, the author of this Strategy, is the Director, Centre for Citizenship, Development and Human Rights, Faculty of Arts and Education, Deakin University, Melbourne.

FDI location at the subnational level: a study of EJVs in China

The location of FDI activities by MNEs is of interest to international business researchers, especially in light of the rapidly changing economic landscapes in many regions of the world. This paper adds to the literature on MNEs' location choices, focusing on how business characteristics are related to location, in a sample of 6430 foreign equity joint ventures (EJVs) in China during 1984–1996. The results show that the duration of the EJV agreement, the origin of the foreign investor, and the type of business activity are related to the location of the EJVs' business activities within China. Significant differences are noted in the locations of ventures in the manufacturing and service sectors, and there is evidence of an increasing preference for MNEs to locate their activities in China's large, metropolitan cities. These findings reflect the dynamic nature of government policies toward FDI in China and their impact on the location choices of MNEs.

Understanding user participation in Australian Government tourism Facebook page

With Facebook being the largest social network site (SNS), can government use Facebook (FB) to increase citizen participation in delivering and promoting their services? This paper presents the case of government use of social media for tourism to provide a general understanding online government and user participation in the Tourism government FB page. This is a case study research into the government FB page of Tourism Australia. FB page wall posts and comments are analysed quantitatively using content analysis to determine what type of online participation is visible in these sites and what the agencies are trying to achieve. Further, the paper employed a spectrum of online engagement matrix to identify the type of engagement being attained by the page. Findings show that the page has successfully served as a platform for its audience to share their Australian experience and it is being used for the purpose of announcing, informing and involving type of online engagement. This is an example of a crowdsourcing endeavour where tourism experiences and stories and pictures are being sourced from public. The research contributes to gaining a better understanding of government FB phenomenon, in particular for Australian context.

Adoption of social media in Victorian local governments

The use of the Internet and social media tools by Australians has increased significantly over the last five years. Social media tools provide local governments with the opportunity to inform, serve and interact with their constituents on a level not previously possible. This paper uses a mixed method approach to firstly review current use of social media tools by Victorian local governments and secondly interview elected officials and administrators of four Victorian local councils about barriers to the adoption of social media tools. The results show that while 59 Victorian local governments (74%) are utilizing at least one social media tool, there are 20 councils (25%) that still do not utilize social media tools. The interviews indicate that the main barriers hindering social media implementations are: uncertainty, fear of risk, lack of knowledge and experience, lack of resources, lack of trust and, the culture of government. The main contribution of this study is a review of the current level of adoption of social media tools by Victorian local governments and identifies a number of barriers that prevent local government from fully utilizing the advantages of social media tools. Currently most Victorian local governments use social media to disseminate information.

Classroom teacher effectiveness research and inquiry, and its relevance to the development of public education policy: an Australian context

This paper has as its focus an analysis of the question and problem of classroom teacher effectiveness research and inquiry. It presents an examination of what counts as valid and worthwhile research in classroom teacher effectiveness studies for the development of education policy within an Australian context, the State of Victoria. The Government’s Blueprint, the major education policy document of the Victorian State Labour Government, outlines its educational approach. Important and core features of government direction for education policy include a focus on social and economic disadvantage. A priority for the Victorian State Labour Government is tangible and measurable improvement in the performance of the public education system. A particular concern is the problem of academic underperformance within public schools, particularly those designated as low-performing and situated in socially and economically disadvantaged communities. Building the capacity of the State’s teacher workforce forms a key component of the Blueprint, and State Government direction in public education. The paper utilises a qualitative theoretical framework. Eight education policy actor/participants were interviewed and their responses analysed using a critical discourse approach. The main findings indicate that education policy actors advocate a strong belief in particular forms of evidence-based research for the development of education policy in the area of classroom teacher effectiveness.

Actively disadvantaged : a foucauldian perspective of rural adolescent girls' participation in sport and physical activity

The illustriousness of sport to Australian culture has often been discussed and in rural communities it could be argued that community sporting clubs are integral, and often unparalleled, in the development of collective community identities and individual subjectivities (Tonts, 2005). Sport is considered a way of life for many rural Australians, yet social, climatic and economic factors have resulted in vast changes to the sporting landscape in rural communities, particularly for adolescent females. With the amalgamation of many community sporting clubs due to declining populations and the rationalisation of Government funding, fewer opportunities for participation in organised physical activity now exist for rural adolescent girls (Tonts & Atherley, 2005). Compounding this lack of opportunity, are questions around the types of physical activity experiences available to rural adolescent females and the impact this has on the way that rural adolescent females construct ideas around being physically active. This paper is concerned with the ways in which prevalent cultural and institutional discourses mediated through community sport and school-based physical activity impact the construction of female physically active subjectivities in rural communities.

"Lose 30lbs in 30 days" : assigning responsibility for deceptive advertising of weight-loss products

Purpose – The aim of this paper is to outline key social marketing issues apparent in deceptive weight-loss advertising, from the perspective of government policy-makers, manufacturers, the media, and consumers. The purpose is to examine the complexity of one aspect of the obesity battle and provide a framework for coordinated and integrated social marketing initiatives from a multiple stakeholder perspective.

Design/methodology/approach – The results of deceptive weight-loss advertising are framed using the harm chain model, and the paper offers recommended solutions based on a framework of marketing, education and policy changes across the network of stakeholders.

Findings – This paper concludes that a resolution to the harm created by deceptive weight-loss advertising can be achieved by the creation of a more holistic, system-wide solution to this important health and policy issue. This networked approach must involve all aspects of harm in a multi-stakeholder solution, including both upstream and downstream integration. Specific recommendations are made for policy-makers, manufacturers, the media, and consumers to achieve this goal.

Social implications – From a marketing perspective, analyzing the issue of deceptive weight-loss advertising using the harm chain allows for the creation of a more holistic, system-wide solution involving stakeholders in all aspects of harm for this important health and policy issue.

Originality/value – This research examines the problem of obesity and weight-loss advertising from the unique perspective of the harm chain framework. The authors make unified recommendations for various stakeholders including industry, media, government and consumers, in order to direct integrated social marketing and consumer-oriented strategies within this industry.

Addressing aquaculture-fisheries interactions through the implementation of the ecosystem approach to aquaculture (EAA

This review addresses how the ecosystem approach to aquaculture (EAA) can optimize aquaculture-fisheries interactions considering different spatial scales from farm, aquaculture zone and watershed through to the global market. Aquaculture and fisheries are closely related subsectors with frequent interactions, largely due to the sharing of common ecosystems and natural resources. Interactions are also born from the flow of biomass from fisheries to aquaculture through fish-based feeds (e.g. fishmeal, fish oil and trashfish), through the collection of wild seed and brookstock, and genetic resources and biomass transfer from aquaculture to fisheries through culture-based fisheries (CBF) and escapees. Negative effects include modification of habitats affecting fisheries resources and activities (e.g. mangrove clearing for shrimp ponds, seabed disturbances through anchoring of aquaculture cages or pens, damage to seagrasses, alteration to reproductive habitats, biodiversity loss). Eutrophication of waterbodies due to excess nutrient release leading to anoxia and fish mortality can also impact negatively on biodiversity and wild fish stocks. Release of diseases and chemicals also imposes some threats on fisheries. Yet there could be beneficial impacts; for example, aquaculture is increasingly contributing to capture fisheries through CBF and could contribute to restore overfished stocks. Aquaculture can offer alternative livelihoods to fisherfolk, providing increased opportunity to them and also to their families, and especially to women. Aquaculture-increased production and marketing can also enhance and indirectly improve processing and market access to similar fishery products. The ecosystem approach to aquaculture (EAA) is a strategy for the management of the sector that emphasizes intersectoral complementarities by taking into account the interactions between all the activities within ecologically meaningful boundaries and acknowledging the multiple services provided by ecosystems. The main objective of this review is to understand the status of aquaculture-fisheries interactions associated with the biological, technological, social, economic, environmental, policy, legal and other aspects of aquaculture development and to analyze how these interactions are or could be addressed with an EAA. Therefore, the review involves aspects of scoping, identification of issues, prioritizing, devising management tools and plans for minimizing negative effects and optimizing positive ones within the context of social-ecological resilience, at different relevant geographical scales. Many of the management measures suggested in this review must involve not only EAA but also an ecosystem approach to fisheries (EAF), especially to deal with issues such as fishery of wild seed and the management of fisheries to produce fishmeal/oil for pelleted feeds or for direct feeding with wet fish. The implementation of EAA and EAF should help to overcome the sectoral and intergovernmental fragmentation of resource management efforts and assist in the development of institutional mechanisms and private-sector arrangements for effective coordination among various sectors active in ecosystems in which aquaculture and fisheries operate and between the various levels of government. Ecosystem-based management involves a transition from traditional sectoral planning and decision-making to the application of a more holistic approach to integrated natural resource management in an adaptive manner.

Out of the shadows: a discussion on law reform for the prevention of financial abuse of older people

Financial abuse of older people too often lives ‘in the shadows, hidden by fear and shame’. This and the protective love between family members can screen changes that are critical to an older person’s financial and living arrangements. Rather than a single event, it is usually a series of well-intentioned but ill-considered financial acts, which at some point tips over into abuse interwoven with an intricate web of family relationships. Was a transfer of title or a loan to an adult child really misappropriation? Has thoughtlessness become undue influence or even theft? 

Happiness versus the environment - a case study of Australian lifestyles

Crafting environmental policies that at the same time enhance, or at least not reduce people's wellbeing, is crucial for the success of government action aimed at mitigating environmental impact. However, there does not yet exist any survey that refers to one and the same population, and that allows the identifying relationships and trade-offs between subjective wellbeing and the complete environmental impact of households. In order to circumvent the lack of comprehensive survey information, we attempt to integrate two separate survey databases, and describe the challenges associated with this integration. Our results indicate that carbon footprints are likely to increase, but wellbeing levels off with increasing income. Living together with people is likely to create a win-win situation where both climate and wellbeing benefit. Car ownership obviously creates emissions, however personal car ownership enhances subjective wellbeing, but living in an area with high car ownership decreases subjective wellbeing. Finally, gaining educational qualifications is linked with increased emissions. These results indicate that policy-making is challenged in striking a wise balance between individual convenience and the common good.