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The fourth edition of Australian Intellectual Property Law provides a detailed and comprehensive, yet concise and accessible discussion of intellectual property law in Australia. This edition has been thoroughly revised to cover the most recent developments in intellectual property law, including significant case law and discussion of the proposed and enacted amendments to the Copyright Act 1968 (Cth), the Patents Act 1990 (Cth) and the Plant Breeder's Rights Act 1994 (Cth).The text has been restructured, but continues to provide a complete discussion of the black-letter aspects of the law. Commencing with copyright, then followed by design law, confidential information, patents, plant breeder's rights, then finally trade marks. The work ends with a chapter on enforcing legal rights and civil remedies.Written by highly-respected intellectual property law researchers this text is an invaluable resource for both undergraduate and postgraduate students, academics and other professionals working with intellectual property.
The ecological value of the stranding record is often challenged due to the complexity in quantifying the biases associated with multiple components of the stranding process. There are biological, physical and social aspects that complicate the interpretation of stranding data particularly at a population level. We show how examination of baseline variability in the historical stranding record can provide useful insights into temporal trends and facilitate the detection of unusual variability in stranding rates. Seasonal variability was examined using harbour porpoise strandings between 1992 and 2014 on the east coast of Scotland. Generalized Additive Mixed modelling revealed a strong seasonal pattern, with numbers increasing from February towards a peak in April. Profiling seasonality this way facilitates detection of unusual variations in stranding frequencies and permits for any change in the incidence of strandings to be quantified by evaluation of the normalized model residuals. Consequently, this model can be used to identify unusual mortality events, and quantify the degree to which they deviate from baseline. With this study we demonstrate that a described baseline in strandings allows the detection of abnormalities at an early stage and can be used as a regional framework of reference for monitoring. This methodology provides means to quantify and partition the variability associated with strandings data and is a useful first step towards improving the stranding record as a management resource.
Imaging biomarkers for Alzheimer's disease include medial temporal lobe
atrophy (MTLA) depicted on computed tomography (CT) or magnetic resonance
imaging (MRI) and patterns of reduced metabolism on fluorodeoxyglucose
positron emission tomography (FDG-PET).
To investigate whether MTLA on head CT predicts the diagnostic usefulness
of an additional FDG-PET scan.
Participants had a clinical diagnosis of Alzheimer's disease
(n = 37) or dementia with Lewy bodies (DLB;
n = 30) or were similarly aged controls
(n = 30). We visually rated MTLA on coronally
reconstructed CT scans and, separately and blind to CT ratings, abnormal
appearances on FDG-PET scans.
Using a pre-defined cut-off of MTLA ⩾5 on the Scheltens (0–8) scale, 0/30
controls, 6/30 DLB and 23/30 Alzheimer's disease had marked MTLA. FDG-PET
performed well for diagnosing Alzheimer's disease v. DLB
in the low-MTLA group (sensitivity/specificity of 71%/79%), but in the
high-MTLA group diagnostic performance of FDG-PET was not better than
In the presence of a high degree of MTLA, the most likely diagnosis is
Alzheimer's disease, and an FDG-PET scan will probably not provide
significant diagnostic information. However, in cases without MTLA, if
the diagnosis is unclear, an FDG-PET scan may provide additional
clinically useful diagnostic information.
The third Uhuru catalogue of X-ray sources (Giacconi et al. 1974) contains X-ray source positions given to a much higher precision than was previously available and this fact has given considerable impetus to the search for optical and radio counterparts. Many such identifications have now been made and confirmed, e.g. by discoveries of correlated variability.
Conner et al. have reported the sudden emergence of a strong X-ray source at 3-12 keV in a position well removed from any previously known X-ray source. This source has been confirmed by Kitamura et al. We wish to report the results of an attempt to detect the source during a balloon flight made from Mildura, Australia, on 1969 August 25.
The Molonglo Observatory Synthesis Telescope (MOST), which at present images a fully synthesised 70′ field in 12 h, is being converted to enable observing modes which extend the field size to 160′. The new observing modes will allow the MOST to survey completely the sky south of δ = −30° to a (5σ) sensitivity limit of about 5 mJy. The result will be a catalogue of over 400,000 radio sources with a spatial density of less than 1 source per 100 beam areas, providing the foundation for a number of novel astronomical and cosmological investigations. The conversion involves construction of 352 low-noise HEMT preamplifiers, 88 digitally controlled UHF quad phase shifters, 88 mixers and IF sections, a new communication and control system, and several other new sub-systems. The project has been funded and developments are well advanced.
This paper presents the results of a measurement of the high-energy (E ≥ 17 keV) X-ray flux from Sco XR-1 extending to higher energies than has previously been reported. The measurement was made during a balloon flight launched from Mildura, Australia, on 29 February 1968. The X-ray observatory contained two independent X-ray detectors, one being similar in principle to the active collimator detector pioneered by Peterson et al., the other being basically similar to the graded shield detector developed by Boldt et al. Our two detecting systems are described in more detail by Buselli et al. and also in previous papers of this conference.
Known periodicities in X-ray sources cover a wide range of values - a factor of 108 or 109 from the 33 mS of the Crab pulsar up to 35 days for the Her X-1 repeat of its up state, or even years if one believes in the not inconceivable idea that at least one “transient” (perhaps not yet even discovered!) is exhibiting some form of repetitive behaviour. These periodicities are not just astronomical curiosities to keep theoreticians busy speculating. They do have several solid uses which the mere experimenter can take advantage of. These uses do, inevitably overlap, and vary in importance according to whom one is speaking. In the short space available I will concentrate on recent measurements on X-ray sources showing Doppler modulated periodicities, and on sources which may well show such changes when they are studied more closely.
The present study is the first record of twinning in Lagenorhynchus acutus and indeed any Lagenorhynchus sp. Both foetuses were male and located in the left uterine horn, had distinct grossly normal placentas and amniotic sacs, and were therefore likely dizygotic twins. The twins were an incidental finding in an animal that died of a systemic Brucella ceti infection.
We present the results of two 2.3 μm near-infrared (NIR) radial velocity (RV) surveys to detect exoplanets around 36 nearby and young M dwarfs. We use the CSHELL spectrograph (R ~ 46,000) at the NASA InfraRed Telescope Facility (IRTF), combined with an isotopic methane absorption gas cell for common optical path relative wavelength calibration. We have developed a sophisticated RV forward modeling code that accounts for fringing and other instrumental artifacts present in the spectra. With a spectral grasp of only 5 nm, we are able to reach long-term radial velocity dispersions of ~20–30 m s−1 on our survey targets.
The principal aim of this season's investigations was to obtain contextual information on the geological, geo-morphological and hydrological processes operating within the environs of El Merj, to complement existing archaeological evidence. Provisional conclusions show that broad similarities exist between profiles obtained at two points on the site suggesting that the central area of the site has undergone a similar depositional history. The site seems to have been subject to regular inundation by flood events, occurring 1–2 times per year, which deposited significant quantities of silty-clay sediment eroded from terra rossa soils of the Jebel Akhdar. Less frequently, coarse-grained gravel and cobble deposits were introduced to the profiles, indicative of the effects of much rarer high magnitude floods.
From the chairs that we sit on, the pens that we write with and the clothes that we wear, design plays an important role in many aspects of our lives. Design impacts on objects in a range of ways, from the way that objects look through to the way that they function. Given this, it is not surprising that design is pivotal to the commercialisation and marketing of many different products. In this chapter, we look at the law that encourages and protects the skill, labour and effort that goes into the creation of new designs. Intellectual property protection for designs focuses on the visual appearance of commercial or industrial articles, rather than their function or the means of producing them. In Australia, the law in this area is set out in the Designs Act 2003 (Cth). This Act repealed the Designs Act 1906 (Cth), which governed Australian designs law for most of the twentieth century.
Design law occupies an awkward position in contemporary intellectual property law, where it is often regarded as the stepchild of patents and copyright. In part this has been reinforced by the fact that unlike these other categories of intellectual property law, there has never been a specific international treaty that deals with design protection. Despite this, design law is one of the oldest forms of intellectual property. Designs for certain textiles such as linens, cottons, calicoes and muslins were first protected in the United Kingdom by the 1787 and 1794 Calico Printers Acts. This was followed in 1839 and then in 1842 and 1843 by design legislation which not only laid the groundwork for modern design law but also for modern intellectual property law more generally.
The rights of an owner of a registered trade mark are stated in s 20(1) to be the right to use the trade mark and to authorise other persons to use the trade mark in relation to goods and/or services in respect of which the trade mark is registered. Section 20(2) also provides that the registered owner has the right to obtain relief under this Act if the trade mark has been infringed.
Section 120(1)–(3) provides three different circumstances in which a registered owner may sue for infringement. However, before turning to the individual aspects of each sub-section, a number of general features of the three different forms of infringement can be identified and examined.
Intellectual property is now a term that is widely used within both the legal profession and society at large. Despite this extensive use, a comprehensive definition of the term remains elusive, especially as some forms of ‘intellectual property’ such as ‘sweat of the brow’ copyright are not intellectual and others, such as confidential information, are very arguably not property. On the other hand, most forms of intellectual property are clearly regarded as just that – forms of property that are recognised as flowing from the exercise of intellectual activity. For example, patents, designs, plant breeder's rights, copyright and registered trade marks are expressly stated by legislation to be property. In addition, various statutory requirements evidence the need for the exercise of intellectual activity to obtain that property status. For example, patent applications must demonstrate an inventive step before they acquire registration and literary, dramatic, musical and artistic works must be original in order to qualify for copyright protection.
In the absence of a satisfactory exhaustive definition of intellectual property, probably the best that can be done is to rely upon an inclusive list of categories of legal rights that are generally recognised as constituting intellectual property. Article 2(viii) of the Convention Establishing the World Intellectual Property Organization states that:
‘intellectual property’ shall include the rights relating to:
and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields.