Physicality in Australian Patent Law

It is generally understood that the patent system exists to encourage the conception and disclosure of new and useful inventions embodied in machines and other physical devices, along with new methods that physically transform matter from one state to another. What is not well understood is whether, and to what extent, the patent system is to encourage and protect the conception and disclosure of inventions that are non-physical methods – namely those that do not result in a physical transformation of matter. This issue was considered in Grant v Commissioner of Patents. In that case the Full Court of the Federal Court of Australia held that an invention must involve a physical effect or transformation to be patentable subject matter. In doing so, it introduced a physicality requirement into Australian law. What this article seeks to establish is whether the court’s decision is consistent with the case law on point. It does so by examining the key common law cases that followed the High Court’s watershed decision in National Research Development Corporation v Commissioner of Patents, the undisputed authoritative statement of principle in regard to the patentable subject matter standard in Australia. This is done with a view to determining whether there is anything in those cases that supports the view that the Australian patentable subject matter test contains a physicality requirement.

The crisis in ICT education : an academic perspective

A national Discipline-Based Initiative project for ICT, funded by the ALTC, has sought to identify the issues and challenges facing the sector. The crisis in ICT education spans high schools, universities and industry. The demand for skilled ICT graduates is increasing yet enrolments are declining. Several factors contribute to this decline including the perceived quality of teaching and a poor perception of the ICT profession amongst the general public. This paper reports on a consultation process with the academic community. Academic concerns include the capacity of the sector to survive the downturn, and improving relationships with industry which should benefit students, academics and industry. An outcome of the consultation process has been the formation of the Australian Council of Deans of ICT (ACDICT) which will have broad responsibility for addressing the issues affecting ICT higher education.

Beyond the walls of academia : architectural internships

A full architectural education typically involves five years of formal education and two years of practice experience under the supervision of a registered architect. In many architecture courses some of this period of internship can be taken either as a ‘year out’ between years of study, or during enrolment as credited study; work place learning or work integrated learning. This period of learning can be characterised as an internship in which the student, as an adult learner, is supervised by their employer. This is a highly authentic learning environment, but one in which the learner is both student and employee, and the architect is both teacher and employer; at times conflicting roles. While the educational advantages of such authentic practice experience are well recognised, there are also concerns about the quality and variability of such experiences. This paper reviews the current state of practice, with respect to architectural internships, and analyses such practice using Laurillard’s ‘conversational framework’ (2002). The framework highlights the interactions and affordances between teacher and student in the form of concepts, adaptations, reflections, actions and feedback. A review of common practice in architectural work place learning, internships in other fields of education, and focused research at the author’s own university, are discussed, then analysed for ‘affordances’ of learning. Such analysis shows both the potential of work place learning to offer a unique environment for learning, and the need to organise and construct such experiences in ways that facilitates learning.

Status of current research on the implication of climate change on built environment

The cycling interaction between climate change and building performance is of dynamic nature and both are essentially the cause and the effect of each other. On one hand, buildings contribute significantly to the global warming process. On the other hand, climate change is also expected to impact on many aspects of building performance. In this paper, the status of current research on the implication of climate change on built environment is reviewed. It is found that although the present research has covered broad areas of research, they are generally only limited to the qualitative analyses. It is also highlighted that although it is widely realized that reducing greenhouse gas emissions from the building sector is very important, the adoption of complementary adaptation strategy to prepare the building for a range of climate change scenarios is also necessary. Due to the lack of holistic approach to generate future hourly weather data, various approaches have been used to generate different key weather variables. This ad hoc situation has seriously hindered the application of building simulation technique to the climate change impact study, in particular, to provide quantitative information for policy and design development.

Profiling and characterisation of key weather variables and their implication on building design

Local climate is a critical element in the design of buildings. In this paper, ten years of historical weather data in Australia's all eight capital cities are analyzed to characterize the variation profiles of climatic variables. The method of descriptive statistics is employed. Either the pattern of cumulative distribution and/or the profile of percentage distribution are used to graphically illustrate the similarity and difference between different study locations. It is found that although the weather variables vary with different locations, except for the extreme parts, there is often a good, nearly linear relation between weather variable and its cumulative percentage for the majority of middle part. The implication of these extreme parts and the slopes of the middle parts on building design is also discussed.

Business capability and its strategic impacts

A business capability, or simply a “capability,” Defines what a business does. It does not communicate or expose where, why, or how something is done. Specifically, the business capability is “a particular ability or capacity that a business may possess or exchange to achieve a specific purpose or outcome.Figure13 provides an external view of a capability by highlighting the fact that a business capability is related to the business in many ways (William Ulrich and Michael Rosen, 2011).

A token to the future : a digital ‘archive’ of early Australian children’s literature

This essay considers a specific digital ‘archive’ of early Australian children’s literature, known as the Children’s Literature Digital Resources (CLDR), which is located in AustLit: The Australian Literature Resource ( http://www.austlit.edu.au ). We examine what the CLDR collection can tell us about Australia’s history. To narrow the scope, we focus on how Australia was constructing itself as a nation with its own character, or national identity, in texts written for children from the latter part of the nineteenth century up until the end of World War II. Our approach is to consider how early Australian children’s literature included in the CLDR collection rhetorically constructs nation and place, and in so doing constructs an Australian identity for its implied readers.

Regional integration 2.0 : facilitating regional integration and development with collaborative technologies

The current global economic instability and the vulnerability of small nations provide the impetus for greater integration between the countries of the South Pacific region. This exercise is critical for their survival. Past efforts of regional integration in the South Pacific have mostly failed. However, today’s IT collaborative capabilities provide the opportunity to develop a shared IT infrastructure to facilitate integration in the South Pacific. In developing an IT-backed model of regional integration, this study identifies and reports on the antecedents of the current stage for integration in the Pacific. We conducted interviews with twenty five individuals from various sectors and find that while most respondents were optimistic about the potential of IT-backed regional integration, significant challenges exists. The study identifies and discusses these challenges providing policy implications to stakeholders in the regional integration process. The findings will assist in suggesting a model of regional integration 2.0 for the Pacific region.

Fear, voice, and the environment in Sonya Hartnett's Forerst and The Midnight Zoo

Subtle is not a word that is normally associated with Sonya Hartnett’s style. Rather, she is known for her stark, bold approach. However, when it comes to the Australian environment, Hartnett is indeed subtle in her approach. Hartnett has set in play a new, almost posthumanist style of writing about the nonhuman. The Australian landscape and environment has always figured prominently in Australian literature for both adults and children but Hartnett has taken this writing in a totally different direction. This article looks at two of Hartnett's novels, Forest and The Midnight Zoo, and examines how Hartnett offers new and exciting avenues of thought regarding the place of humans in that environment.

Preliminary insights from a multiple case study on process modelling impact

Process modelling – the design and use of graphical documentations of an organisation’s business processes – is a key method to document and use information about business processes in organisational projects. Still, despite current interest in process modelling, this area of study still faces essential challenges. One of the key unanswered questions concerns the impact of process modelling in organisational practice. Process modelling initiatives call for tangible results in the form of returns on the substantial investments that organisations undertake to achieve improved processes. This study explores the impact of process model use on end-users and its contribution to organisational success. We posit that the use of conceptual models creates impact in organisational process teams. We also report on a set of case studies in which we explore tentative evidence for the development of impact of process model use. The results of this work provide a better understanding of process modelling impact from information practices and also lead to insights into how organisations should conduct process modelling initiatives in order to achieve an optimum return on their investment.

Potentials of social media for tacit knowledge sharing amongst physicians : preliminary findings

Tacit knowledge sharing amongst physicians, such as the sharing of clinical experiences, skills, or know-how, or know-whom, is known to have a significant impact on the quality of medical diagnosis and decisions. This paper posits that social media can provide new opportunities for tacit knowledge sharing amongst physicians, and demonstrates this by presenting findings from a review of relevant literature and a survey conducted with physicians. Semi-structured interviews were conducted with ten physicians from around the world who were active users of social media. Initial thematic analysis revealed eight themes as potential contributions of social web tools to facilitate tacit knowledge flow amongst physicians. The emergent themes are defined, linked to the literature, and supported by instances of interview transcripts. Findings presented here are preliminary, and final results will be reported after accomplishing all phases of data collection and analysis.

Defining and describing what we do : doctrinal legal research

The practitioner lawyer of the past had little need to reflect on process. The doctrinal research methodology developed intuitively within the common law — a research method at the core of practice. There was no need to justify or classify it within a broader research framework. Modern academic lawyers are facing a different situation. At a time when competition for limited research funds is becoming more intense, and in which interdisciplinary work is highly valued and non-lawyers are involved in the assessment of grant applications, lawyer-applicants who engage in doctrinal research need to be able to explain their methodology more clearly. Doctrinal scholars need to be more open and articulate about their methods. These methods may be different in different contexts. This paper examines the doctrinal method used in legal research and its place in recent research dialogue. Some commentators are of the view that the doctrinal method is simply scholarship rather than a separate research methodology. Richard Posner even suggests that law is ‘not a field with a distinct methodology, but an amalgam of applied logic, rhetoric, economics and familiarity with a specialized vocabulary and a particular body of texts, practices, and institutions ...’.1 Therefore, academic lawyers are beginning to realise that the doctrinal research methodology needs clarification for those outside the legal profession and that a discussion about the standing and place of doctrinal research compared to other methodologies is required.

A typology for business transformations (research in progress)

The term “business transformation” is a buzzword, often used to signify fundamental changes undergone by organisations. Despite numerous works in enterprise transformation, IT-enabled business transformation and organizational transformation, there appears to be a lack of consensus on what actually constitutes a business transformation as opposed to other types of redesign or organisational improvement projects. Consequently, knowledge about which elements of a business system that are impacted by such an endeavour is largely inconsistent, and partially conflicting. We present a business transformation typology that considers 18 attributes pertaining to the transforming organisation and the transformation initiative. To explore our typology, we analysed 10 published case studies and classified them along two dimensions – one ranging from marginal to fundamental changes, and another on internal and external visibility. Our literature review reveals how the terminology has been misused, and we provide some directions to provide more clarity around transformation phenomena in IS research.

CCi Submission to ALRC Copyright Inquiry

The attached report was prepared by Professor Terry Flew, Dr. Nicolas Suzor and Dr. Bonnie Liu of the Queensland University of Technology.   It was developed in consultation with Professor Stuart Cunningham, Professor Anne Fitzgerald, Associate Professor Axel Bruns, Associate Professor Jean Burgess (QUT), Professor Julian Thomas (Swinburne University of Technology), Professor Christoph Antons (Deakin University), and film producer Ms. Cathy Henkel (Virgo Productions and Adjunct Professor, QUT).