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.

Has equity's time come for VET? Observations and principles for equity policy and practice in Australian education

Equity has a long history in education. When compulsory schooling was first introduced in industrialising nations in the mid 1800s, many advocates saw it as a way of improving the circumstances of the poorest and most disadvantaged in their communities. But access to schooling did not prove to be the great equaliser that some had hoped. Instead, it became central in the reproduction of social and economic inequalities (Bourdieu & Passeron 1977). High academic achievement became highly correlated with high socioeconomic status, and vice versa (Teese & Polesel 2003). In Australia, the Karmel Report (1973) proved to be a watershed moment in naming the equity problem in schooling and, among other things, gave rise to the Disadvantaged Schools Program (DSP): an attempt to level the playing field albeit by ‘running twice as hard’ (Connell at al. 1991). Almost two decades later, A Fair Chance for All (1990) signalled official concern for equity in Australian higher education. While access to university was not to be universal, it was to be equitable; all social groups in the Australian population were to be proportionally represented among its university students. Today, Australia is still grappling with the inequities in its schooling and higher education systems, highlighted by renewed interest by governments to address the issues. Although not of the same order of magnitude, there now appears to be an emerging policy agenda around equity in VET. Has equity’s time come for VET? This paper canvasses the history of equity in Australian schooling and higher education, with a view to drawing out principles to inform a rejuvenated equity agenda in vocational education and training.

The mathematical and science skills of students who are deaf or hard of hearing educated in inclusive settings

This study examined the science and mathematics achievements of 16 Year 9 students with hearing loss in an inclusive high-school setting in Western Australia. Results from the Monitoring Standards in Education (MSE) compulsory state tests were compared with state and class averages for students with normal hearing. Data were collected from three cohorts of Year 9 students across a 3-year period (2005‐2007). Results from mathematics MSE9 and the MSE9 science assessments showed that the majority of students with hearing loss performed below the state average (88%). Findings in this study suggest that students with hearing loss demonstrated more mathematical strength in the areas of space and measurement, which use visuo-spatial skills. Results for students with hearing loss in the five sections of the science assessment suggest more consistency across the different areas tested in the MSE. Comparisons with the MSE9 English paper for the 2005 cohort of students with hearing loss suggest a strong relationship between reading and writing skills and performance on mathematics and science assessment. In particular, questions with high language content created difficulty. On the science assessment, questions requiring a written explanation appeared to be particularly challenging. These findings have implications for teaching and learning in these crucial areas for students with hearing loss in inclusive secondary school settings. Greater attention to the interpretation of the language of mathematics and to writing about science concepts may help to improve outcomes for students with hearing loss on statewide assessments

Change of the century - free software and the positive possibility

The much touted ‘freedoms’ of FLOSS are coming under increasing scrutiny as they are applied to contexts beyond their original formation. Is ‘freedom as in speech’ enough or are there other freedoms upon which the construction of the commons depends? Martin Hardie has worked extensively on an archeology of how the GNU/Linux operating system was developed, exposing the myths that are at its foundation. Here, he asks how the licensing of FLOSS operates within the constitution of Empire and locates in the new forms of ‘producing in common’ the means to reverse the proliferation of alternative law and instead affirm a true alternative to law.

Problematizing 'risk' and the principalship : the risky business of managing risk in schools

Over the past two decades, risk in education has stimulated increasing attention and prominence, with principals bearing responsibility and liability for ‘managing’ risk in schools. As a consequence, compulsory risk compliance régimes have become increasingly complex, technical and time-consuming. This article focuses on the responses of principals to issues surrounding ‘risk’ and suggests that some risk processes themselves may be inherently risky. Principals fear that risk management régimes can incur professional and personal danger while ignoring some commonly known, politically sensitive, ‘risky’ areas. The article considers the scope of risk in schools before turning to ‘undiscussables’: how risk management puts principals at risk, and issues surrounding leaders as risk. Principals’ concerns about marginalization from systemic risk decision-making, the individuation of risk management responsibility and suggestions for action are discussed, along with areas for future research.

'Smart' technologies in early years literacy education: a meta-narrative of paradigmatic tensions in iPad use in an Australian preparatory classroom

With the revolution that has taken place in the functionality and uptake of portable networked ‘smart’ technologies, educators are looking to see what potential applications such technologies might have for school education. This article reports on a study into the use of portable personal computing devices in the early years of schooling. Specifically, it focuses on emerging patterns of use of Apple iPads in an Australian Preparatory (first year of compulsory schooling) classroom across the first year of implementation of these devices. We draw on student and teacher interviews and classroom observation data to provide a research meta-narrative of the intentions, practices and reflections of a ‘first year out’ teacher, and to discuss points of tension found in the contested space of early years literacy education, which are highlighted when potentially transformative technologies meet institutionalized literacy education practices. Our findings suggest that the broader policy and curriculum context of early years literacy education, and institutionalized practices found in this space, are potentially at odds with teacher-held intentions to transform learning through technology use, particularly with respect to tensions between print-based traditions and new digital literacies, and those between standards-based classroom curricular and more emancipatory agendas.

Assessment method difference : comparisons between international and domestic students within a first year undergraduate management course

This paper investigates the assessment methods and student results within a first year undergraduate management course offered within the business faculty of an Australian university. This course is compulsory for those studying for a commerce or management degree. The assessment results of full fee paying international students were compared with those of domestic students, during four teaching semesters in 2009 and 2010. Analysis compares 2,682 students’ numerical results for two constructed response assignments to their results for an examination comprising both multiple choice questions and constructed response questions. It also compares the results of international and domestic students across metropolitan, regional and rural campuses. However due to little comparison data for multiple campuses, findings are consolidated by domestic and international students, university-wide. International students were found to achieve lower results than domestic students for constructed response assessment tasks, but higher results than domestic students for multiple choice question assessments. These findings have implications for instructors eager to provide a level assessment playing field for both domestic and international students, enabling both groupings to take advantage of existing strengths but also to improve their weaknesses. This research led to a restructuring and rescheduling of assessment tasks for the 2012 academic year.

When is property inherently defeasible for the purposes of s 51(xxxi)?

This article traces the development of the jurisprudence surrounding compulsory acquisition of property with a particular focus on the application of s 51(xxxi) of the Australian Constitution to statutory property. The examination reveals a clearly articulated methodology developed by the High Court that is principled, transparent and logically consistent with the purpose of the provision. This is contrasted with two recent decisions of the High Court, ICM Agriculture Pty Ltd v Commonwealth and Phonographic Performance Company of Australia Ltd v Commonwealth which indicate a concerning development to move away from such methodology and introduce new factors for consideration. It is argued that such development threatens to undermine the principled and transparent application of s 51(xxxi) and may reintroduce unnecessary methodological uncertainty.

On the relationship between technology transfer and economic growth in Asian economies

In this paper, FDI and licensing are incorporated using a model where increasing the international transmission of technology adds to efficient production in the receiving country and results in higher welfare. The model is then tested with data from a selection of 11 Asian economies and a strong positive relationship is found between FDI, licensing and economic growth. The policy recommendations from both our theoretical model and empirical results are that Asian economies should improve their production efficiency to host international technologies to maximise the benefits of international technology transfers.

Building capacity in applied learning

Across the globe many nations have found engaging young people in the post compulsory years of school to ensure their transition into economic citizens is challenging. Governments are focusing on developing initiatives and programs to connect young people in education and training as preparation for the workplace. In Australia the use of Applied Learning as pedagogy is emerging as a valuable tool in the delivery of curriculum to engage young people in education. Educators who use Applied Learning pedagogy develop curriculum that is relevant to student interests and needs, connected into communities and results in young people acquiring workplace skills. One such program in Australia is the 'Victorian Certificate of Applied Learning (VCAL), offered in years 11 and 12 of school and firmly grounded in Applied Learning pedagogy. The challenge for many educators is, and has been, that there are marked differences between VCAL pedagogy and curriculum and the pedagogy and curriculum they may have previously used in senior school programs. This paper draws on research that explores the professional learning experiences of Applied Learning educators, in the context of the VCAL. I argue that general professional teaching experience alone is not necessarily adequate preparation for teaching in the VCAL program.

Cultural policy in Australia

 In early 2010, more than 15,000 people gathered on Bourke Street in front of Victoria’s Parliament building to register their protest against an unpopular government decision.1 The colourful crowd chanted and marched, sported placards and banners, and listened to speeches by local identities.

What were they protesting about? Climate change? Refugees? The war in Afghanistan?

No, they were protesting about a decision by Liquor Licensing Victoria to enforce onerous security requirements on live music venues in Melbourne. The new regulations had led to the closure of one of Melbourne’s best-loved rock venues, a Collingwood pub named The Tote. Many other venues were threatened with the same fate.

This was a protest about cultural policy.

Technology transfer, quality standards, and North–South trade

This paper examines the economic consequences of technology transfer through licensing in a North–South model of vertical product differentiation, based on a product-line pricing framework. With its limited technological expertise, the southern firm cannot export to the northern market without purchasing the northern firm's “clean” and low-cost technology. With North–South cost-asymmetry, we conclude that the transfer of technology through licensing promotes trade, product variety and improves global welfare. However, without government intervention, the private levels of product quality chosen by firms tend to be lower than the socially optimal levels. This finding helps to explain why developed countries often set quality standards for imported foreign products.

Security in uncertain times: policies for increasing the popularity of life annuities among retirees

Life annuities offer retirees an assured income stream for as long as they live. This makes it surprising that they are unpopular in most markets where their purchase is not compelled by government policy. With the numbers of retirees in the population set to increase dramatically, this low take-up rate of life annuities could exacerbate financial insecurity. Consequently, it is in society’s interest to implement non-coercive policies that increase annuitization levels. Although there is research that has focused on the possible causes of low annuitization rates, much of this research falls short of suggesting comprehensive strategies for persuading retirees to annuitize their savings.

'Satan finds some mischief'?: Drinkers' responses to the six o'clock closing of pubs in Australia, 1910s-1930s

Historians have typically focused on the ‘six o'clock swill’ as the pub drinker's principal response to the introduction of the early closing of pubs in most Australian states during World War I. While this focus has enhanced our understanding of gendered pub drinking practices during trading hours it has circumscribed our knowledge of the range of responses to six o'clock closing. Less frequently analysed is what the pub drinker did after the hour of six o'clock. In this article I explore how ‘habit memory’, especially people's everyday drinking habits persisted despite the best efforts to regulate them. I consider how factors such as class, leisure and gender were implicated in drinking habits, and why there was an increase in what were defined as illegal drinking practices such as sly-grogging and after-hours trading. This article suggests that the pub drinker resented the violation of familiar customs and was prepared to engage in illegal activities in order to obtain alcohol.