Standardisation and patent ambush : potential liability under Australian competition law

This article examines the problem of patent ambush in standard setting, where patent owners are sometimes able to capture industry standards in order to secure monopoly power and windfall profits. Because standardisation generally introduces high switching costs, patent ambush can impose significant costs on downstream manufacturers and consumers and drastically reduce the efficiency gains of standardisation.This article considers how Australian competition law is likely to apply to patent ambush both in the development of a standard (through misrepresenting the existence of an essential patent) and after a standard is implemented (through refusing to license an essential patented technology either at all or on reasonable and non-discriminatory (RAND) terms). This article suggests that non-disclosure of patent interests is unlikely to restrained by Part IV of the Trade Practices Act (TPA), and refusals to license are only likely to be restrained if the refusal involves leveraging or exclusive dealing. By contrast, Standard Setting Organisations (SSOs) which seek to limit this behaviour through private ordering may face considerable scrutiny under the new cartel provisions of the TPA. This article concludes that SSOs may be best advised to implement administrative measures to prevent patent hold-up, such as reviewing which patents are essential for the implementation of a standard, asking patent holders to make their licence conditions public to promote transparency, and establishing forums where patent licensees can complain about licence terms that they consider to be unreasonable or discriminatory. Additionally, the ACCC may play a role in authorising SSO policies that could otherwise breach the new cartel provisions, but which have the practical effect of promoting competition in the standards setting environment.

Encyclopedia contributions : entries S-Z in Oxford Companion to Australian Gardens

Shelton, E.M. (p.548); Sherwood Arboretum (p.550); Soutter, William (pp.563-4); Styles (pp.575-6); Summer-House (579-580); Trapnell, W.G. (p.602); Tropical Gardens (pp.604-5);Verandah Gardening (p.614); Wickham Park (p.642); Wijaya, Made (p.642); Williams, George (p.644); Williams Keith A (p.644).

Critical literacy finds a "Place": Writing and social action in a low-income Australian grade 2/3 classroom

In a study of socioeconomically disadvantaged children's acquisition of school literacies, a university research team investigated how a group of teachers negotiated critical literacies and explored notions of social power with elementary children in a suburban school located in an area of high poverty. Here we focus on a grade 2/3 classroom where the teacher and children became involved in a local urban renewal project and on how in the process the children wrote about place and power. Using the students' concerns about their neighborhood, the teacher engaged her class in a critical literacy project that not only involved a complex set of literate practices but also taught the children about power and the possibilities for local civic action. In particular, we discuss examples of children's drawing and writing about their neighborhoods and their lives. We explore how children's writing and drawing might be key elements in developing "critical literacies" in elementary school settings. We consider how such classroom writing can be a mediator of emotions, intellectual and academic learning, social practice, and political activism.

A national English curriculum far all Australian youth: Making it work for teacher and students everywhere

The authors draw on some powerful practitioner research they have been associated with recently to nvision ways in which a national curriculum might redress the inequities experienced by Australia's most disadvantaged young people.

Perioperative mortality after hemiarthroplasty related to fixation method : a study based on the Australian Orthopaedic Association National Joint Replacement Registry

Background and purpose: The appropriate fixation method for hemiarthroplasty of the hip as it relates to implant survivorship and patient mortality is a matter of ongoing debate. We examined the influence of fixation method on revision rate and mortality.----- ----- Methods: We analyzed approximately 25,000 hemiarthroplasty cases from the AOA National Joint Replacement Registry. Deaths at 1 day, 1 week, 1 month, and 1 year were compared for all patients and among subgroups based on implant type.----- ----- Results: Patients treated with cemented monoblock hemiarthroplasty had a 1.7-times higher day-1 mortality compared to uncemented monoblock components (p < 0.001). This finding was reversed by 1 week, 1 month, and 1 year after surgery (p < 0.001). Modular hemiarthroplasties did not reveal a difference in mortality between fixation methods at any time point.----- ----- Interpretation: This study shows lower (or similar) overall mortality with cemented hemiarthroplasty of the hip.

Flagging spaces : exploring representations of ownership on the Australian beach

The Australian beach is a significant element of our national identity. Since the majority of the population lives on the coastlines of the continent, the beach (rather than the Bush) plays an important role to many Australians. Yet the beach can also be a complex setting because of the often complicated concepts of ownership that surround it. ‘Flagging Spaces’ examines the layers of complexity surrounding textual representations of ownership of the beach space. In particular, this paper explores the Indigenous representation on the beach moving through to the role of multiculturalism on the beach space in the wake of the 2005 Cronulla riots, using specific textual examples such as Sacred Cows (Heiss 1996), Australia (dir. Baz Luhrmann 2008), Heaven (dir. Tracey Moffatt 1997), Radiance (dir. Rachel Perkins 1998), Butterfly Song (Jenkins 2005), and Bra Boys (dir. Sonny Abberton 2006).

Portrayal of librarians in Australian creative writing

An exploration is made of the ways in which librarians have been depicted in Australian creative writing. Reference is made to characters in novels, short stories, drama and poetry. With respect to novels, there is some consideration of characterisation and its relationship to plot.

Australian Library and Information Studies (LIS) researchers' ranking of LIS journals

The paper describes the processes and the outcomes of the ranking of LIS journal titles by Australia’s LIS researchers during 2007-8, firstly through the Australian federal government’s Research Quality Framework (RQF) process and then its replacement, the Excellence in Research for Australia (ERA) initiative. The requirement to rank the journals titles used came from discussions held at the RQF panel meeting held in February 2007 in Canberra, Australia. While it was recognised that the Web of Science (formerly ISI) journal impact approach of journal acceptance for measures of research quality and impact might not work for LIS, it was apparent that this model would be the default if no other ranking of journal titles became apparent. Although an increasing number of LIS and related discipline journals were appearing in the Web of Science listed rankings, the number was few and it was thus decided by the Australian LIS research community to undertake the ranking exercise.

The Australian UAS Experience

Invited presentation made to the New Zealand Robotic Systems Network Conference. The presentation provides an overview of the Unmanned Aircraft Systems industry, civil applications for the technology, some current research activity and the UAS industry initiatives in the Australia.

Relationship management implementation in the Australian construction industry from the contractor's perspective

Many studies carried out in relation to construction procurement methods reveal evidence of a need to change of culture and attitude in the construction industry. This culture change would transition from traditional adversarial relationships to cooperative and collaborative relationships. Relational contracting approaches, such as partnering and relationship management, are business strategies whereby client, commercial participants’ and stakeholders’ objectives are aligned for mutual benefit. The efficacy of relationship management in the client and contractor groups is proven and well documented. However, the industry has a slow implementation of relational contracting down the value chain. This paper reports the findings of an empirical study which examined the practices and prerequisites for relationship management implementation success and for supply chain engagement to develop. Questionnaire survey, interviews and case studies were conducted with Australian contracting organisations in this study. The study reveals that the adaption of relational contracting approach in the supply chain is found to be limited and contractors still prefer to keep suppliers and subcontractors at arm’s length. Findings also show that the degree of match and mismatch between organizational structuring and organizational process is found to have an impact on staff’s commitment level and performance effectiveness.

Carbon financing and the Australian emissions trading scheme : less emissions, more opportunities?

The introduction by the Australian federal government of its Carbon Pollution Reduction Scheme was a decisive step in the transformation of Australia into a low carbon economy. Since the release of the Scheme, however, political discourse relating to environmental sustainability and climate change in Australia has focused primarily on political, scientific and economic issues. Insufficient attention has been paid to the financial opportunities which commoditisation of the carbon market may offer, and little emphasis has been placed on the legal implications for the creation of a "new" asset and market. This article seeks to shed some light on the discernable opportunities which the Scheme should provide to participants in the Australian and international debt markets.

Must see TV : mapping an Australian mediasphere

Australian National Cinema and Australian Television Culture. These two books, magisterial accounts of Australian media cultures, are very different. The first analyses (according to its cover blurb) 'the distinct and diverse nature of Australian cinema'; the second offers 'a picture of Australian television'. The books share an author.2 Despite this, their objects of study are constituted very differently. The first is replete with examples of particular films, analyses of their representational strategies, and links to the social context of production. The second addresses almost no programs and those that are mentioned appear only in passing. There is no analysis of any particular television text. The difference between these books cannot be explained in terms of authorial fickleness: rather, it represents the different ways in which television and film have been constructed as objects of study. While film has a recognised canon and a tradition of close textual analysis, in the study of television the programs themselves have tended to vanish - as they do in Australian Television Culture. Most academic work on Australian television is not interested in its programs. Writers have tended to find other aspects more rewarding: industries, institutions, ownership, legislation, technology and production.3 Australian Television Culture is part of this tradition; and an example of how such work, done well, can be a useful contribution to understanding the medium.

Sound in the Aboriginal Australian Films of Rolf de Heer

Anna Hickey-Mody and Melissa Iocca invented a new name for the cinema-goer at "Bad Boy Bubby" (1993) when they wrote: "In de Heer's film, the viewer is primarily a listener, or aurator, and secondly a spectator" and I have argued the label 'aurator' can also be used for the person experiencing "Ten Canoes" (2006). This Aboriginal Australian Dreamtime fable features dialogue recorded entirely in the Ganalbingu language of the Indigenous people it stars, and is a prime example of what I would suggest can be labeled 'The Aboriginal Australian Films of Rolf de Heer'. "The Tracker" (2002) and "Dr. Plonk" (2007) have also included depictions of Aboriginal Australians and each of the trio utilizes Cat Hope's "innovative sound ideas" to present what I argue is an aural auteur's signature revealing a post-colonial Australian world-view that privileges the justice system and eco-spirituality of Aboriginal Australians.

Marking the liminal for true blue Aussies : the generic placement of Aboriginality in Australian soap operas.

This paper addresses a previously unconsidered history — that of Aboriginal characters in Australian soap operas. Rejecting critical approaches which have obtained even into the 1990s, it refuses to judge these characters as 'good' or 'bad' manifestations of indigeneity. Rather, using the idea that genre is a way of closing down interpretive possibilities, the paper looks at the manner in which generic expectations around soap operas produce particular valences for these representations of Aboriginality. It points to the many ways in which these indigenous characters are insistently constructed as liminal in soap operas' structural communities - simultaneously inside and outside of the group. This is seen to accord with the suggestions of Jakubowicz et al about the ways in which Aboriginal people are positioned by wider social discourses.