A Submission to the Advisory Council on Intellectual Property in Relation to the Issues Paper Relating to the Enforcement of Trade Marks - February 2002

With respect to “shape” marks, there would appear to be a “break”, imposed by the Australian Courts, in the logical conclusion that registration of a shape, which performs a functional purpose, or even further, is indistinguishable from the shape of the item or product, creates a perpetual monopoly in the manufacture of that product.

Founder p.Arg 446* mutation in the PDHX gene explains over half of cases with congenital lactic acidosis in Roma children

Investigation of 31 of Roma patients with congenital lactic acidosis (CLA) from Bulgaria identified homozygosity for the R446* mutation in the PDHX gene as the most common cause of the disorder in this ethnic group. It accounted for around 60% of patients in the study and over 25% of all CLA cases referred to the National Genetic Laboratory in Bulgaria. The detection of a homozygous patient from Hungary and carriers among population controls from Romania and Slovakia suggests a wide spread of the mutation in the European Roma population. The clinical phenotype of the twenty R446* homozygotes was relatively homogeneous, with lactic acidosis crisis in the first days or months of life as the most common initial presentation (15/20 patients) and delayed psychomotor development and/or seizures in infancy as the leading manifestations in a smaller group (5/20 patients). The subsequent clinical picture was dominated by impaired physical growth and a very consistent pattern of static cerebral palsy-like encephalopathy with spasticity and severe to profound mental retardation seen in over 80% of cases. Most patients had a positive family history. We propose testing for the R446* mutation in PDHX as a rapid first screening in Roma infants with metabolic acidosis. It will facilitate and accelerate diagnosis in a large proportion of cases, allow early rehabilitation to alleviate the chronic clinical course, and prevent further affected births in high-risk families.

Sleepy driving and drink driving: attitudes, behaviours, and perceived legitimacy of enforcement of younger and older drivers

Sleepy driving and drink driving are two risky driving behaviours that substantially contribute to road crashes. Several studies demonstrate equivalent levels of impairment from both sleepy and drink driving. Yet, drivers perceive sleepy and drink driving distinctly different, with younger and older drivers engaging in these two risky driving behaviours at different rates. The current study sought to examine the sleepy and drink driving behaviours and perceptions in a sample of 114 younger (17-29 years) and 177 older (30+ years) drivers. Compared to older drivers, younger drivers reported more positive attitudes toward sleepy and drink driving behaviours, as well as more negative views regarding perceived legitimacy of sleepy driving enforcement. Younger drivers were also more likely to report performing sleepy driving behaviours than older drivers. Younger drivers reported greater likelihood to drive while sleepy, lower perceptions of legitimacy for sleepy driving, and more positive attitudes towards sleepy driving when compared to drink driving and the same pattern was found for older drivers as well. Subsequently, the self-reported likelihood of driving while sleepy was greater than drink driving in both age groups. Overall, the results suggest that sleepy driving is not viewed as equally dangerous as drink driving with younger drivers’ perceptions being more lenient than older drivers’ perceptions. It is likely that change is needed regarding the perceptions of dangerousness of sleepy driving with a particular focus on younger drivers seemingly needed.

Uncertainty in length measurements of live coral trout: implications for compliance and enforcement of minimum legal size limits.

Report on evidence of shrinkage of live coral trout during professional fishing operations on the Great Barrier Reef in 2000. Excel data includes the following fields: Column A. Fish (fish number from 1 -24) Column B. Bin (1-8, container the fish was held in during the experiment) Column C. Measure (1-7, number of the measurement of each fish) Column D. Observer (1 or 2, making the measurement) Column E. Time 2 Column F. Time (time of the day the measurement was made) Column G. FL (Fork Length) Column H. TL (Total Length) Column I. Difference (difference in length between measures) Column J. Order Column K. Temperature (surface water temp under the boat)

Airborne measurements of aerosol scattering properties above the MABL over Bay of Bengal during W_ICARB - characteristics and spatial gradients

Realizing the importance of aerosol characterization and addressing its spatio-temporal heterogeneities over Bay of Bengal (BoB), campaign mode observations of aerosol parameters were carried out using simultaneous cruise, aircraft and land-based measurements during the Winter Integrated Campaign for Aerosols gases and Radiation Budget (W_ICARB). Under this, airborne measurements of total and hemispheric backscatter coefficients were made over several regions of coastal India and eastern BoB using a three wavelength integrating nephelometer. The measurements include high resolution multi-level (ML) sorties for altitude profiles and bi-level (BL) sorties for spatial gradients within and above the Marine Atmospheric Boundary Layer (MABL) over BoB. The vertical profiles of the scattering coefficients are investigated in light of the information on the vertical structure of the atmospheric stability, which was derived from the collocated GPS (Global Positioning System) aided radiosonde ascents. In general, the altitude profiles revealed that the scattering coefficient remained steady in the convectively well-mixed regions and dropped off above the MABL. This decrease was quite rapid off the Indian mainland, while it was more gradual in the eastern BoB. Investigation on horizontal gradients revealed that the scattering coefficients over northern BoB are 3 to 4 times higher compared to that of central BoB within and above the MABL. A north-south gradient in scattering coefficients is observed over Port Blair in the eastern BoB, with values decreasing from south to north, which is attributed to the similar gradient in the surface wind speed, which can be replicated in the sea salt abundance. The gradients are parameterized using best-fit analytical functions.

Interim report on the progress of an inventory of artesian wells in Florida: leading to the enforcement of sections 370.051 - 370.54, Florida statues

One of the causes of lower artesian pressure, water waste and aquifer contamination is the misuse and insufficient care of artesian wells. In 1953, Senate Bill No. 57, entitled "An Act to Protect and Control the Artesian Waters of the State" (see Appendix) became a law. This law was passed through the efforts exerted by leading members of the Senate and the House of Representatives, who understood the need for a wise and controlled expenditure of our most valuable natural resource. The State Geologist and his authorized representatives were designated by this law to enforce this conservation measure; however, no financial provision was included for the 1953-55 biennium. The proposed program of the Florida Geological Survey for this biennium did not include the funds nor provide any full-time personnel for the enforcement of this statute. As a result, little actual work was accomplished during these two years, although much time was given to planning and discussion of the problem. Realizing that this program could provide additional basic data needed in the analysis of the water-supply problem, the State Geologist sought and was granted by the 1955 Legislature adequate funds with which to activate the first phase of the enforcement of Florida Statute No. 370.051-054. Enumerated below is a summary of the progress made on this investigation as outlined previously: 1. Data have been collected on 967 wildly flowing wells in 22 counties. 2. Chloride determinations have been run on 850 of the 967 wells. 3. Of the 967 wells, 554 have chlorides in excess of the 250 ppm, the upper limit assigned by the State Board of Health for public consumption. 4. Water escapes at the rate of 37, 762 gallons per minute from these 967 wells. This amounts to 54, 377, 280 gallons per day. The investigation is incomplete at this time; therefore, no final conclusions can be reached. However, from data already collected, the following recommendations are proposed: 1. That the present inventory of wildly flowing wells be completed for the entire State. 2. That the current inventory of wildly flowing wells be expanded at the conclusion of the present inventory to include all flowing wells. 3. That a complete statewide inventory program be established and conducted in cooperation with the Ground Water Branchof the U.S. Geological Survey. 4. That the enforcement functions as set down in Sections 370.051/.054, Florida Statutes, be separated from the program to collect water-resource data and that these functions be given to the Water Resources Department, if such is created (to be recommended by the Water Resources Study Commission in a water policy law presented to the 1957 Legislature). 5. That the research phase (well inventory) of the program remain under the direction of the Florida Geological Survey. (PDF contains 204 pages.)

Final report on an inventory of flowing artesian wells in Florida: leading to the enforcement of sections 373.021 - 373.061 Florida Statutes 1957

This report published as Information Circular No. 21, together with the interim report published in 1957 as Information Circular No. 10, Florida Geological Survey, illustrates as completely as possible the situation that now exists among the freely flowing wells of the State. (PDF contains 40 pages.)

Enforcement of associated protected measures in particularly sensitive sea areas

The distinguished character of Particularly Sensitive Sea Areas (PSSAs) is that every application for PSSAs must be accompanied by Associated Protected Measures (APMs) which can make PSSAs efficient in practice.1 That is why APMs are regarded as the core feature of every PSSA.2 APM is “an international rule or standard that falls within the purview of an international maritime organization (IMO) and regulates international maritime activities for the protection of the area at risk.” So far, APMs have been approved by IMO as following: -Compulsory or recommended pilotage -Mandatory ship reporting -An area to be avoided -Traffic separation schemes -Discharge prohibition or regulations -Mandatory no anchoring areas -Deep water routes -Emission control areas (PDF contains 5 pages)