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IP in business transactions: Australia overview
A guide to intellectual property law in Australia. The IP in business transactions Q&A gives an overview of maintaining an IP portfolio, exploiting an IP portfolio through assignment and licensing, taking security over IPRs, IP and M&A transactions, and the impact of IP on key areas such as competition law, employees and tax.
To compare answers across multiple jurisdictions, visit the IP in business transactions Country Q&A tool.
This Q&A is part of the PLC multi-jurisdictional guide to IP law. For a full list of jurisdictional Q&As visit www.practicallaw.com/ip-mjg.
Overview of main IPRs
Australia has a two-tier patent system for the protection of inventions and innovations, which comprises:
Standard patents. These are available for a 20-year term, or up to 25 years for patents for pharmaceutical substances per se (that is, not method or process patents) to account for delays in obtaining regulatory approval.
Innovation patents. These are available for second-tier inventions that are unable to satisfy the inventive step threshold, but which are still innovative developments over the prior art. Innovation patents are given a non-extendable eight-year term.
Trade marks
A sign capable of distinguishing the goods or services of the applicant from other traders is registrable as a trade mark. A sign includes any letter, word, device, brand, aspect of packaging, shape, colour, sound or scent or any combination of these. Once registered, a trade mark subsists indefinitely, subject to the payment of renewal fees (and its continued use as a trade mark).
Registration is not mandatory but is advisable. It is generally easier and cheaper to enforce a registered trade mark rather than an unregistered trade mark.
Unregistered trade marks may be protected by:
An action for misleading and deceptive conduct (section 18, Australian Consumer Law 2010) (ACL) (previously section 52, Trade Practices Act 1974).
An action at common law for passing off.
Copyright cannot be registered in Australia. Copyright automatically subsists in any original composition that falls within the definition of either (Copyright Act 1968):
A work. For example, a literary, dramatic, musical or artistic work.
Subject matter other than works. For example, recordings, films and radio and television broadcasts.
The individual creator also has automatic moral rights in relation to copyright works or films they have created. Moral rights comprise the right to:
Be attributed or credited for the work.
Not have work falsely attributed to another person.
Not have work treated in a derogatory way.
There is limited scope for industrial copyright in Australia. Where copyright subsists in an artistic work (other than a building or a work of artistic craftsmanship) and the corresponding design is applied industrially, and articles are made and sold according to the corresponding design, it is not an infringement of the copyright to reproduce the work.
Design rights
To be registrable, a design must be both (Designs Act 2003):
New (that is, not identical to a design that forms part of the prior art).
Distinctive (that is, not substantially similar in overall impression to a design forming part of the prior art base).
Registration lasts for five years from the filing date of the design application, or ten years if the registration is renewed. The maximum term of a registered design is ten years from the date of filing the design application.
Australia does not have an unregistered design right regime. In limited circumstances, protection may be available under:
Copyright, although not generally where the design has been industrially applied.
Trade mark law, where the trade mark is for a three dimensional shape.
Confidential information
Confidential information can be protected in two ways:
A contractual obligation to keep the information confidential.
In circumstances giving rise to an equitable obligation of confidence.
The owner of confidential information is permitted to prevent its misuse provided the information satisfies the following criteria:
The information to be kept confidential can be specifically identified.
The information is confidential in nature (for example, business or trade secrets, a formula).
The information is imparted in circumstances giving rise to a duty to maintain confidence.
There is an actual or threatened misuse or disclosure of the confidential information.
If there is a breach of confidence, an action for breach of confidence can be made as long as the information remains confidential in nature (or would have remained confidential, but for the breach of confidence).
Circuit layouts
Circuit layouts are protected under the Circuit Layouts Act 1989. A circuit layout is defined as a representation, fixed in any material form, of the three-dimensional location of active and passive elements and interconnections making up an integrated circuit (Circuit Layouts Act 1989). The owner of an eligible circuit layout has, during the protection period of the layout, the exclusive right to:
Copy the layout, directly or indirectly, in a material form.
Make an integrated circuit according to the layout or a copy of the layout.
Exploit the layout commercially in Australia.
The protection period is, in effect, ten years from the first commercial exploitation of the layout.
Plant breeder's rights
These are protected under the Plant Breeder's Rights Act 1994. The registration of a plant breeder's right in a plant variety gives the owner the exclusive right in relation to the propagating material of a variety to (Plant Breeder's Rights Act 1994):
Produce or reproduce the material.
Condition the material for the purposes of propagation.
Offer the material for sale.
Sell the material.
Import or export the material.
Stock the material for any of the above purposes.
Plant breeders' rights in plant varieties last for 25 years for trees and vines and 20 years for any other variety.
For further information about the main IPRs, see Main IPRs: Australia.
Maintaining IPRs
IP Australia (www.ipaustralia.gov.au) is the body responsible for maintaining the databases forming the registers of patents, trade marks, designs and plant breeders' rights. The Register for each of these IPRs is fully searchable online through its website.
Maintenance fees are payable annually after four years from the filing date of a standard patent. These fees then increase from ten years and increase further from 15 years after the filing date.
Annual review fees are payable for innovation patents after two years from the filing date.
Trade marks
Renewal fees are payable every ten years from the date of filing. Further, if a trade mark is not used by the registered owner (or on the owner's behalf) for a continuous period of three years, an application can be made to remove the mark from the trade marks register.
It is also important to ensure that a trade mark continues to be regarded as a trade mark. For example, if the mark becomes known as a generic name for the goods or services in relation to which it is registered, it ceases to be recognised as a trade mark and may be cancelled.
Design rights
The initial period of registration is five years from the date of filing. Registration can be renewed for a further period of five years on the payment of fees.
For plant breeders' rights, an annual fee must be paid to maintain the grant.
Details of fees and other maintenance requirements are provided on IP Australia's website (www.ipaustralia.gov.au).
Registered rights
For registered rights such as patents, trade marks, registered designs or plant breeders' rights, a party should conduct a careful search of the relevant IP register to determine whether any registered rights may prevent or limit certain activities.
The search should be conducted by a reputable and experienced search entity (usually a firm of patent and/or trade mark attorneys) who should be carefully and specifically briefed in relation to the proposed activities and the appropriate search parameters. If material registrations are identified by the search, the party proposing the activity will be left with the following options:
Not conduct the activity at all.
Invent or design around to avoid infringing the registered right - (in the case of a patent or design).
Seek a licence from the owner of the registered right.
Unregistered rights
For unregistered rights, the search may be more difficult to conduct, but is no less important. Market research and enquiries can be made, for example to determine whether a particular unregistered mark is being used by a business entity. For confidential information, in most circumstances it will be clear that the information is to be kept confidential, and that any unauthorised exploitation of the information is a breach of confidence.
IPR owners should remain vigilant in monitoring actual and potential market activities (such as importation from a foreign jurisdiction). In Australia, mechanisms such as pre-action discovery can provide further means to identify potential IPR infringement and the identity of infringers.
Exploiting IPRs
The main method of conducting an IP audit is to formulate an appropriately detailed checklist for each available IP and ancillary right, and in each case deal with the:
Identification of the IPR.
Ownership of the IPR.
Use of the IPR (both permitted and unauthorised uses).
Third party challenges to the IPR.
Security interests given in relation to the IPR including searching the Australian Personal Property Securities (PPS) Register (see Question 12).
Government obligations in relation to the IPR.
Licences for the IPR (both in-licensing from a licensor and out-licensing to licensees).
Patents can be assigned in whole or in part based on territory. Other types of partial assignment should be permissible, but this is not completely decided as a matter of law. Other types of partial assignment could include assigning some of the patent claims or exclusive rights of the patentee or rights to exploit the patent, in relation to certain types or fields of use.
Trade marks
A registered trade mark can be assigned with or without the goodwill of a business.
The assignment can be partial (that is, for only some of the goods or services covered by the registration). However, trade marks cannot be partially assigned in relation to a particular geographic area. Partial assignments of trade marks can be dangerous to the trade mark owner, as the trade mark may be jeopardised if deception or confusion arise from the transfer.
For an unregistered trade mark, an assignment must be with the goodwill of the business to which it is attached.
The assignment can be in whole or in part.
Design rights
Registered designs can be assigned. The assignment can be partial for a particular territory.
Confidential information
Assignments of confidential information are unusual, and transfers are usually dealt with by a licence.
Plant breeders' rights
Plant breeders' rights can be assigned.
Patents can be assigned provided the assignment is:
In writing.
Signed by or on behalf of both the assignor and the assignee.
The assignment should also be registered in the patent register maintained by IP Australia.
Trade marks
The assignment must be in writing either as a formal assignment document or by the assigner completing and signing the appropriate IP Australia form to confirm the assignment. The assignment should be registered in the trade mark register maintained by IP Australia.
An assignment of copyright must be:
In writing.
Signed by or on behalf of the assignor.
Design rights
The assignment must be signed by or on behalf of both the assignor and the assignee. The assignment should also be registered in the design register maintained by IP Australia.
Plant breeders' rights
The assignee must inform the registrar of plant breeder's rights at IP Australia that it has acquired the right, giving details of the way it acquired the right, within 30 days after acquiring it. The assignment should also be registered in the register of plant breeders' rights.
Any assignment should clearly identify the nature of the right being assigned. If the rights are registered rights, correct registration numbers should be included in the assignment for easy identification of the IPR. The assignment document should also expressly assign any rights of action the assignor has as at the date of assignment. An assignee may also insist on warranties in relation to the assigned IPRs. Some assignment documents may also contain an express confidentiality clause requiring that the assignor retain confidentiality of any information relating to the IPRs that are out of the public domain.
For an assignment of future rights, there should be a "further assurances" clause in the assignment that an assignment of future rights will be perfected by the parties as necessary. This is to avoid any problems created by the general law rule that property that does not exist cannot be assigned.
The licence can be exclusive or non-exclusive. There is no limit on the type of licence that can be entered into. For example, the licence can be limited territorially or by any exclusive rights granted to the patent owner.
Trade marks
The licence can be exclusive or non-exclusive. It is possible to limit the licence by territory or by classes of goods or services.
In addition, "authorised users" (who are usually licensees) have statutory rights (under theTrade Marks Act) to:
Sub-license the use of the mark.
Commence infringement proceedings against alleged infringers.
A person is an "authorised user" if he uses the trade mark in relation to goods and/or services under the control of the trade mark owner. A trade mark is under the control of the owner if the owner for example:
Exercises quality control over the goods or services provided by the licensee.
Exercises financial control over the licensee's relevant trading activities.
To avoid doubt about whether there is sufficient control, it is advisable for the trade mark owner to enter into a formal written licence containing provisions which contractually give the trade mark owner power to exercise control.
If the trade mark owner wishes to limit the statutory rights of the authorised user, this should be provided for in the written licence.
The licence can be exclusive or non-exclusive, and granted for:
Any or all of the exclusive rights of the copyright owner.
A limited duration, or any length of time (up to the expiry of the copyright term).
A limited geographic area, or with no geographical limit.
Design rights
The licence can be exclusive or non-exclusive. It can be limited by territory or by any exclusive rights of the design owner. An exclusive licensee of a registered design does not have any right to sue for infringement.
For plant breeder's rights, the licence can be exclusive or non-exclusive. The licence can be territorially limited. An exclusive licensee of plant breeder's rights does not have any right to sue for infringement.
The registration of a licence involving registered IPRs (patents, trade marks, designs and plant breeders' rights) in the relevant register (see Question 7) is not usually required. However, in most circumstances, it is advisable to do so.
IP licences do not generally have to be in writing, although in most circumstances it is advisable (see Question 9). An exclusive licence of copyright must be in writing.
The IP licence should include terms which are specific to its negotiation and the requirements of the parties. Some common terms appropriate to most IP licences include:
A definition of important terms.
The licence grant, particularly in relation to use, territory, exclusivity, sub-licensing and the licence term.
IP provisions, particularly in relation to registrations and renewals, disclosure and ownership of improvements, warranties and restrictions on use.
Exploitation by licensee provisions, particularly promotion and advertising, and minimum performance obligations.
Financial terms, particularly in relation to calculation, reporting, mode of payment and tax.
Infringement provisions, particularly in relation to claims by third parties, claims against third parties and who will sue.
Termination provisions (in particular relating to timing, with or without cause and post-termination obligations).
Taking security
Lenders commonly take security over IPRs.
Security interests are more likely to be recorded over IPRs on the Australian Personal Property Securities (PPS) Register than on individual IPR registers, although they can be registered on both. The PPS Register can be accessed online (https://transact.ppsr.gov.au/ppsr/Home).
For a security interest in any IPR to be enforceable against a third party, the PPS legislation requires a written security agreement that describes the particular IP covered by the security agreement.
It is strongly advisable for a holder of a security interest in any IPR to register that interest in the PPS register (see Question 12). Registration is important because:
Perfection of a security interest can only be achieved by registration. Perfection is relevant in the context of enforceability and priority of the security interest.
A perfected, registered security interest generally has priority over an unperfected, unregistered security interest.
The PPS Register will serve as a record of security interests granted over personal property and can be searched by anyone, including prospective secured parties.
In addition to registering their interests on the PPS Register, holders of security interests in IPRs can register their interests on the relevant IP registers.
Registration of a security interest over a patent in the patent register is not compulsory. However, some benefits of registration include:
Any dealings with the patent by the patentee are subject to the interests of the security holder.
The Register is prima facie evidence of any particulars registered in it.
The security interest is admissible as evidence of title.
The patent specification cannot be amended without the consent of the security holder.
Trade marks
A security interest in a trade mark can be recorded in the Trade Marks Register on a voluntary basis. The application to have a security interest recorded must be made by both the:
Security holder.
Registered owner of the trade mark.
A security interest in copyright can be held as a legal or equitable mortgage and should be registered in the PPS Register.
Design rights
Equitable interests can be granted over a registered design. The Designs Act 2003 provides for the recording of the assignment of interests. The registrar may, in practice, record an equitable interest on the designs register.
Share sale
In most share sales, due diligence may appear to be less important because the IP asset is not changing hands, although this can be misleading. For example, the target company may have:
Shared its IP with related companies.
Been using IP of a related company without a formal licence.
Therefore, the buyer should usually carry out a full due diligence enquiry (including IP). The main items of enquiry are usually:
Identifying the target company's IPRs (both registered and unregistered).
Ascertaining the nature and extent of any limitations on the target company using its IPRs in the marketplace.
Reviewing available details of any IP-related disputes or issues that have arisen or may arise.
Asset sale
In an asset sale:
There should be a careful review to assess which IPRs are included in the target's assets.
It is crucial to ensure that all contractual relationships survive the transaction. Many IP agreements have provisions terminating or otherwise limiting the ability to exploit the IP on a change of control.
The identification and listing of specific IP assets and liabilities is critical. Comprehensive due diligence questionnaires and appendices usually accompany the asset purchase agreement, identifying all IP assets and liabilities to be transferred.
The satisfactory completion of due diligence is usually a condition precedent to completion of the asset purchase.
The seller usually attempts to restrict its warranties to the rights it can easily identify, but this may not be sufficient for the buyer.
In share sales and asset sales, the most common IP warranties and indemnities relate to:
Title. Here, the seller usually warrants that:
it is registered as the owner of certain specified IP (usually set out in a schedule); and
there are no licences of that IP or security interests granted in relation to it (if that is the case).
Validity and enforceability. A warranty by the seller that IPRs are valid and enforceable is unusual. However, the seller may warrant that, to its knowledge, the IPRs as described in a schedule to the sale agreement are valid and enforceable.
Non-infringement. The seller is unlikely to give a warranty that the conduct of the seller's business does not infringe any IPRs of any third party. However, it may be prepared to state that, to the best of its knowledge and belief, without conducting any searches of public registers, the conduct of the seller's business does not infringe the IPRs of any third party.
In relation to specific IP such as computer software, a more specific warranty may be sought and obtained. For example, that:
The software was written by employees of the seller in the course of their employment and is an original work.
No portion of the software uses, copies or comprises the work of any third party.
Share sale
In a share sale, there is little need for any formal transfer of IPRs, as it is the shares in the relevant company that are acquired by the buyer. However, there may be issues with change of control provisions, which may need to be resolved by formal consents or assignments (see Question 6).
Asset sale
In an asset sale, the IPRs are transferred by a sale agreement and/or formal assignments subject to appropriate warranties (see Question 6).
Joint ventures
Joint ventures are relatively common in Australia. In these circumstances, companies may develop IP jointly and be governed by means of a joint venture agreement.
In most joint ventures involving significant IP, the critical issue is the ownership of background and foreground IP. Background IP consists of the IPRs created by the respective joint venturers before the joint venture came into effect, but which are used by the joint venture. Foreground IP consists of IPRs created during the joint venture project.
A number of questions arise which should be provided for in the joint venture agreement:
How will the background IP licensed by one joint venturer be distinguished from the background IP of the other joint venturer(s)?
Are there to be any restrictions on the venturer's exploitation of background IP outside the joint venture? For example, should there be restrictions on assignment or licensing without the consent of other participants in the joint venture, or only restrictions in the same fields as the joint venture project?
Will the participants be required to value their background IP so that contributions to the joint venture can be assessed, and if so, how?
How will IPRs created during the joint venture project be owned?
Who will apply for and maintain the joint venture's registered IPRs?
Who will enforce the joint venture's IPRs and how will costs and damages be shared if they are awarded for proven infringement?
What rights will each venturer have to exploit the joint venture IP after the joint venture ends?
Will the licensing of the joint venture IPRs be exclusive or non-exclusive?
Competition law
The legislation dealing with competition law in Australia is the Competition and Consumer Act 2010 (CCA). The CCA includes provisions which prohibit:
Contracts, arrangements or understandings which include an exclusionary provision.
Contracts, arrangements or understandings which have the purpose or effect of substantially lessening competition in the market.
Price-fixing arrangements.
Exclusive dealing arrangements.
Resale price maintenance arrangements.
The taking advantage of market power for an anti-competitive purpose.
Most licences of IPRs in Australia will benefit from an exemption from the anti-competitive conduct provisions of the CCA (see Question 20). However, it is advisable to avoid even technical breaches. Problematic provisions in a licence could include, for example:
An agreement between two or more competitors which gives rise to a boycott of some other person or class of persons. For example, a provision of a drug patent licence, in which the patentee agrees with the licensee that they will confer in future about which hospital tenders they will competitively bid for relating to that licensed drug.
A provision which has or is likely to have the effect of substantially lessening competition in a market by including:
market sharing arrangements;
territorial restraints;
non-compete provisions;
no-challenge IP clauses; and
selective tendering arrangements.
Provisions which fix, control or maintain the price of goods or services between competitors.
Tying arrangements and third line forcing agreements. For example, a patentee licenses generic company Y to market licensed drug X, on condition that the licensee must use the pharmaceutical wholesaler Z for distribution.
Stipulating that the licensee must not sell the licensed product supplied to it for resale by the licensor below a price specified by the licensor.
There is an exemption from the anti-competitive provisions in the CCA (see Question 18) for certain provisions in licences and assignments of trade marks, patents, registered designs, copyright or protected rights in a circuit layout (section 51(3), CCA).
However, provisions relating to an abuse of market power and resale price maintenance are not exempted. In addition, the exemption only applies to the relevant IPR to the extent that the condition that would otherwise have breached the anti-competitive provisions of the CCA "relates to" one of the following:
The relevant patented invention.
Goods to which the registered design is to be applied.
The subject matter of the copyright.
The protected circuit layout.
The term "relates to" is somewhat vague, and has not yet been considered by the Australian courts. For patents, it is likely that the relevant condition should relate to the invention in the sense of only going so far as to protect the inventor's legitimate rights in the IP.
For trade marks, the exemption only relates to contracts, arrangements and understandings between the registered owner of the trade mark and authorised users to the extent that they relate to the kind, qualities or standard of goods (or services) bearing the mark.
A person must not, in trade or commerce, engage in conduct that is misleading or deceptive, or is likely to mislead or deceive (section 18, ACL, located in Schedule 2, CCA). This is a wide-ranging provision which has been applied in many contexts to individuals and corporations. This includes, for example, an unauthorised use of trade marks and trade names in a manner which is misleading or deceptive. Section 18 of the ACL is therefore similar to the common law action for passing off, but is potentially much wider.
It is a defence to trade mark infringement to use a third party's registered trade mark for the purposes of comparative advertising.
Employees and consultants
The employer is usually entitled to ownership of an invention produced by an employee where both the:
Employee is working for the employer under a contract of service. Whether the employer can uphold a claim to ownership of an invention depends on the terms of employment and any express provisions or written assignment.
Invention was produced in the course of an employee's normal duties. This factor is the most important:
if the employee is employed to invent, or inventions are likely to arise in the normal course of the employee's duties, any invention which flows from the employee's work will be owned by the employer;
if an invention is totally unrelated to the employee's job and the employer's business, the employee will own the invention and the right to apply for patent protection.
See below, Compensation and ownership.
Trade marks
Ownership of a trade mark by an employee will not often arise. The owner of a trade mark is the entity (usually a company or organisation) which adopts it and then uses or intends to use it to distinguish their goods or services from those of other traders.
See below, Compensation and ownership.
Generally, where a copyright work has been produced under:
A contract of service: the employer owns any copyright created by the employee.
A contract for services (that is, by an independent contractor or consultant (see Question 23): the independent contractor or consultant owns the copyright in the work.
Determining whether a copyright work has been produced under a contract of service or under a contract for services can be problematic. Further, determining when something is made according to the terms of the contract of service involves analysing the employee's terms of engagement (that is, what they are actually employed to do).
See below, Compensation and ownership.
Registered designs
The commonly accepted view is that the same position for employee ownership of copyright applies to registered designs, although the wording of ownership provisions in the Copyright Act differs to the Designs Act (see above, Copyright).
Compensation and ownership
For all the IPRs listed above, there is no legal requirement to pay compensation to an employee who creates an IPR. However, an employee's employment contract may provide for such payment.
If an employee is likely to be engaged in an innovative activity, the employer should include the following terms in his written employment contract:
A detailed job description that should be updated if at any stage the role changes.
A provision dealing with the ownership of any inventions created by the employee in the course of employment.
A provision dealing with whether the employer or employee has the right to apply for the registration of any relevant IPR that is registrable.
A further assurances provision requiring an employee to sign documents, as necessary, to acquire the relevant IPR.
Employers should also consider having an IP management policy, accessible to all staff, reminding them of expectations and objectives in relation to IP protection and ownership. Regular training sessions will also remind staff of the importance of IP protection and ownership to the organisation.
Main IPRs created by an external consultant are generally owned by the consultant unless otherwise provided for in a contract. A business retaining the services of an external consultant should have a written agreement which provides that all IP generated by the consultant during the retainer is deemed to be owned by the business.
The written agreement should also contain:
An assignment of future IP to the employer business.
A further assurances clause, to ensure that an assignment of future IP will be perfected as necessary.
Cross-border issues
Australia is party to the:
WIPO Paris Convention for the Protection of Industrial Property 1883 (Paris Convention).
Patent Co-operation Treaty 1970 (PCT).
WTO Agreement on Trade-Related Aspects of Intellectual Property Rights 1994 (TRIPS).
Trade marks
Australia is party to the:
Paris Convention.
WIPO Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks 1989 (Madrid Protocol).
Australia is party to the:
WIPO Berne Convention for the Protection of Literary and Artistic Works 1971 (Berne Convention).
UN Universal Copyright Convention 1952.
Plant breeders' rights
Australia is party to the International Convention for the Protection of New Varieties of Plants 1961 (UPOV Convention).
A detailed list of treaties can be found at www.dfat.gov.au/treaties/
Foreign IPRs generally cannot be enforced in Australia. However, foreign IPRs are recognised as forming the basis for convention priority applications and, for patents, PCT applications.
Australia is also a signatory to the Madrid Protocol which, in effect, provides recognition of foreign trade marks.
There are numerous reviews underway which may lead to reform (see www.ipaustralia.gov.au/about-us/public-consultations/) and the Advisory Council on Intellectual Property (ACIP) (www.acip.gov.au). These include:
Pharmaceutical Patents Review (see http://pharmapatentsreview.govspace.gov.au/).
Technological Protection Measure Exceptions in the Copyright Act (reviewing additional exceptions to the technological protection measures) (see http://www.alrc.gov.au/inquiries/copyright-and-digital-economy).
Review of the Franchising Code (reviewing effectiveness of past amendments) (see www.innovation.gov.au/SmallBusiness/CodesOfConduct/Pages/2013-Review-of-the-Franchising-Code-of-Conduct.aspx).
ACIP Options on Patentable Subject Matter.
Attorney General's Department Consultation Paper on Copyright Safe Harbour Scheme (see www.ag.gov.au/Consultations/Pages/RevisingtheScopeoftheCopyrightSafeHarbourScheme.aspx).
Foreshadowed review of the Designs Act.
The Intellectual Property Laws Amendment Bill 2013 was introduced into Parliament on 30 May 2013. This Bill focusses on some areas not addressed in the Raising the Bar Act 2012 and also seeks to clarify some of the Raising the Bar provisions. The important provisions relevant to patents include:
A unified patent application and patent attorney register for Australia and New Zealand, removing duplication between patent offices and making it easier to obtain patents in Australia and New Zealand.
Amendments to clarify when the Crown use provisions of the Patents Act can be used.
Amendments implementing the TRIPS protocol which will allow the Federal Court to issue compulsory licences to Australian medicine producers to manufacture and export to developing countries pharmaceuticals which are the subject of one or more Australian patents.
Online resources
IP Australia
Description. IP Australia is an Australian Government agency. It deals with all applications for registration of patents, trade marks, registered designs and plant breeder's rights. Its website contains official and up-to-date information about IP in Australia, including IP legislation.
Attorney-General's Department
W www.ag.gov.au/RightsAndProtections/IntellectualProperty/Pages/default.aspx
Description. The Attorney-General's Department deals with copyright and whole-of government issues on IP management. Its website contains official, up-to-date information about copyright in Australia.
Australian Securities and Investments Commission (ASIC)
Description. ASIC administers the Corporations Act 2001 and the Business Names Registration Act 2011 (amongst others). Its official, up-to-date website contains links to relevant legislation, forms, and registers.
Advisory Council on Intellectual Property (ACIP) Productivity Commission
Australian Competition & Consumer Commission (ACCC)
Description. The ACCC administers the CCA. Its official, up-to-date website contains links to, and information about this Act.
Personal Property Securities (PPS) Register
Description. Details of security interests in personal property can be registered and searched on the online PPS Register. The website is official and contains up-to-date information.
State / Territory regulation
Description. The regulation of IP in business transactions is also dealt with on a State and Territory basis, for example in relation to consumer rights. For a summary of and links to consumer affairs for each Australian State and Territory, please see www.business.gov.au/BusinessTopics/Fairtrading/Pages/Fairtradinglawsinyourstateorterritory.aspx
Contributor details
Wayne Condon
Griffith Hack Lawyers
E email@example.com
W www.griffithhack.com.au
Qualified. New Zealand, 1979; Victoria, Australia, 1986; High Court of Australia, 1986; New South Wales, Australia, 1992; Queensland, Australia, 1993; Western Australia, Australia, 2000
Areas of practice. IP litigation, with a particular emphasis on life sciences patent litigation.
Recent transactions
- Representing Sandoz Pharmaceuticals in relation to various patent issues arising out of pharmaceutical product launches in Australia.
- Representing a large pharmaceutical company in respect of a complaint to the regulatory authority relating to alleged anti-competitive conduct in the pharmaceutical market place.
- Representing Actavis Pharmaceuticals in Australian Federal Court litigation relating to rosuvastatin.
- Advising a multinational biotech company in relation to a patent enforcement strategy for a blockbuster biologic in Australia.
Geraldine Farrell
Griffith Hack Lawyers
E email@example.com
W www.griffithhack.com.au
Qualified. Victoria, Australia, 1996
Areas of practice. Commercialisation of technology; IP & IT licensing; technology transfer; IP due diligence.
Recent transactions
- Advising multinational manufacturing clients on Australian legal requirements for the restructuring of IP assets and obligations under licensing agreements.
- Advising on a web portal project for a global consulting company.
- Advising public hospitals on various IP-related issues, including the involvement of one hospital in a multi-million dollar joint venture for the development of a bionic eye.
- Contract negotiations for biotechnology and medical device companies, including licensing arrangements and technology transfer arrangements.
Sheree Hollender
Griffith Hack Lawyers
E email@example.com
W www.griffithhack.com.au
Qualified. Victoria, Australia, 2007
Areas of practice. IP commercialisation; IP licensing; IP litigation; confidential information.
Recent transactions
Advising commercialisation division of a major university in relation to a range of research, licensing and assignment agreements.
Active involvement in the Apple v Samsung litigation.
Advising a distributor on brand protection and its anti-counterfeiting strategy.


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Weirdest Bowling Experience San Francisco 2002 - Astro Bowl at Sea Bowl
For those who mourned the loss of Japantown's glow-in-the-dark bowling experience, Sea Bowl offers happy compensation. Every Wednesday and Friday night, Astro Bowl takes over the lanes, shining black light on the neon-colored balls, pumping hip hop and funk over the sound system, and showing videos on a huge-screen TV at the back wall. Though the crowd is mostly teens, grown- ups are welcome to slip on those suddenly stylish bowling shoes and trip the light fantastic; wearing shirts with names like "Chuck" embroidered on the chest is optional. There's even a separate billiards room with three tables for the nonbowlers (read: losers) among you.

subset: commoncrawl


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Pay R450 for a three-hour New Year's Eve cruise OR R110 for a ninety-minute Sunset Cruise with Hakuna Matata Charters (save 50%)
- Save 50% on either a New Year's Eve or Sunset cruise
- Cash-bar available on New Year's Eve Cruise and receive a small bottle of champagne on arrival
- Either a three-hour New Year's cruise or ninety-minute Sunset cruise
- Enjoy views of the Durban city lights and New Year's fireworks
- Relaxing evening at sea or party evening for the New Year's count-down
- Ideal as a Christmas gift
- Ideal for a romantic evening or New Year's party
- Spectacular views
- Luxurious catamarans
- Groupon-holders can bring along their own food
- Groupon redeemable for 2 months
- New Year's Eve cruise only available on 31 December 2011
- Booking essential and subject to availability: 083 274 6846
- Must quote voucher code on booking
- Bookings for the Sunset Cruise only accepted after 10 January 2012
- Redemption only on presentation of individual printed Groupon(s)
- One Groupon per person for New Year's Eve Cruise
- Only issued and valid once deal closes
- Limited number available for New Year's Eve cruise
- The picture displayed is just a representation
- Groupon not redeemable with in-store promotions
- Groupon valid Monday to Sunday – weather permitting
- Terms & Conditions apply
- Three-day cancellation policy applies
- Sunset cruises set sail at 18:00 daily
- New Year's cruise is from 22:00 to 1:00
- Clients may bring along their own food
Cosy bathtub-boats are magical sea vessels but sight-seeing and cruises are often restricted to the confines of four glossy walls and rather unfriendly rubber duckies. Reacquaint yourself with Durban's picturesque landscape with added sunsets or New Year's fireworks and save 50% on either a New Year's Eve or Sunset cruise with Hakuna Matata Charters.
Though saddling up a few seahorses and uttering a confident "giddy-up" may make for a great story, there's still nothing quite like the quiet adventure of a Hakuna Matata Charters sunset cruise. Harnessing ample amounts of good times in two luxurious 58-foot catamarans, the leading charter boat company guarantees trips with no worry of whiplash and far less soggy shirts than the seahorses offer.
Whether you call the sea your second-home or are proud to be a land-lubber, the Sunset cruise offers the best of both worlds; sunset-colours that would dazzle even an Impressionistic artist and views of the city that will leave even the most jaded speechless. After watching the sun spill its ever-fluctuating hues over the early-evening waves like an over-eager paint-slinger, hit up the cash-bar for a romantic sunset beverage before heading back to port.
If you'd rather experience the sunset from dry-land, the New Year's Eve cruise is probably the way to go. Experience the party atmosphere and the city-lights white-washed by dazzling fireworks. Better than watching the count-down on the couch, bring in the New Year in sea-faring style with a complimentary bottle of champagne, a cash-bar and the company of a few new friends.
With years of experience and a vault of Yoda-like wisdom of the ocean, boat operators will whisk you off on sea rides of a lifetime, departing from the harbour channel and heading for the ocean. Whether you're in the company of friends or new acquaintances, the comfortable surroundings and enchanting atmosphere makes for an experience that other Durbanites will be envying you for. Boat operators with years of experience and a proven safety record also provide a far safer option for exploring your sea-faring roots for an evening than a trip on the back of a sea-horse.Cruising fact: A boat company in Boston offers an adventurous take on the usual sunset-cruise by combining boating and roller-coasters. Their small ferry leaves from the top floor of the Monarch hotel – room 1409 – and slides down a large ramp before hitting the waves.


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The community is welcome to join for a United Good Friday Worship during the noon hour March 29 at Trinity Presbyterian Church, 631 N. Harrison Street.
The worship will begin at 12:10 p.m. and conclude promptly at 12:50 p.m.
This community worship of quiet reflection, commemorating the crucifixion of Jesus the Christ, is hosted by Main Street Christian Church, First Presbyterian Church, St. Paul United Methodist Church and Trinity Presbyterian Church.
Rev. Jan Dimick, pastor at St. Paul United Methodist, will preach from John 19:25-42. Her sermon is entitled, "A Global Warming."
David Hiner, organist of Trinity Presbyterian, will provide sacred music, Rev. Sam Davenport of Main Street Christian and Rev. Dena Vittorio of First Presbyterian, will share the Good Friday scriptures and prayers for all God's people.
Community Good Friday Worship
The community is welcome to join for a United Good Friday Worship during the noon hour March 29 at Trinity Presbyterian Church, 631 N. Harrison Street.
- News
- What a trip My wife is planning a very exciting vacation to celebrate our 35th wedding anniversary. This was a big surprise to me. Not the vacation part, but the 35 years. I thought it was 34. Right now she is on the back porch, the patio table stacked high with
- The Purple Xperience hits Rushville stage RUSHVILLE - The next performance of the 2014 Rushville summer concert series is Minneapolis based The Purple Xperience (featuring two-time Grammy Award winner Matt "Doctor" Fink, former member of Prince and The Revolution) with special guests, The He
- One dead, 50 injured in upstate NY tour bus crash NORTH HUDSON, N.Y. — A teenage girl died and more than 50 people were injured when a Canadian tour bus skidded off Interstate 87, broke through a median guard rail and rolled on its side down a steep embankment in northeastern New York.State Police s
- St. Mary School golf open turns 25 As a means to generate funding for the continued educational efforts of Rush County's only parochial school, the 25th annual St. Mary School Golf open is rapidly approaching.This year's event will be held Aug. 9 at Antler Pointe Golf course, 3510 Nor
- Briefs ObituariesJames Lee Meyers, 69Winfred "Win" West, 83Thanks!The Rushville Republican thanks the following persons for their subscription to and support of this newspaper:David SheehanTai MorrellRobert PriddyRCHS Class of 1994 ReunionThe RCHS Class of
- Adventures with Kate: Racing for Riley For those of you who know me, you know that I love to live life and be adventurous. In my opinion, that's the only way to live. I mean c'mon, you only live once, so you might as well live it up!Last weekend, I had an opportunity to do something I had
- Indiana volunteer flying to Washington State to help with wildfire response INDIANAPOLIS — The American Red Cross is helping people affected by the wildfires in Washington State. Red Cross volunteer and Flora resident Pat Rinehart is scheduled to leave for Washington this afternoon from Indianapolis International Airport to
- Jail population shows decrease in inmate total For the first time in a number of months, Rush County Sheriff Jeff Sherwood reported at a recent county commissioner meeting that the inmate total at the Rush County Jail was the lowest it has been since the first of the year. Currently, 35 individua
- Purdue to offer Vet Camp at Indiana State Fair WEST LAFAYETTE – The Purdue University College of Veterinary Medicine is hosting Indiana State Fair Vet Camp Aug. 1-10 at the Indiana State Fair.There will be two sections of the camp. Junior Vet Camp will be from 9 a.m. until noon daily for students
- New levee plan needed Jason Hughes of DLZ announced Tuesday evening at City Council that they are working on a new levee plan."For starters, this is a plan showing the levee alignment," Hughes told the council. "Personnel from the city went out and checked the gates to ma
- More News Headlines


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CBR TV 2010 Kazoo & Blooper Reel
We look back at the year that was on CBR TV through incredible kazoo performances and more than just a few hilarious screw ups, with appearances by LeVar Burton, Simon Pegg, Dan Didio, Grant Morrison, Brian Bendis, Corey Feldman, Jonathan Ross & many, many more. Happy New Year!
CBR TV @ NYCC: John Romita Jr.
John Romita Jr. stopped by CBR TV's NYCC tiki room (with a little friend) to discuss the use of his art in the "Kick-Ass" movie, working on "Avengers" and "Kick-Ass 2" at the same time, fan - and critical - reaction to his work and much more.
"The Avengers" #7 – Trailer
The Red Hulk smashes into the world of the Avengers. But is he friend or foe? And just what does he want? Find out in Avengers #7, from the chart-topping team of Brian Bendis, John Romita [...]
CBR TV @ C2E2: "Kick Ass" with Aaron Johnson and Chloe Moretz
The stars of "Kick-Ass," Aaron Johnson and Chloe Moretz stopped by the CBR Studio in Chicago to talk about "Kick-Ass" and the wild ride it's taken them on.
CBR TV: John Romita. Jr.
Comic book legend John Romita Jr. stopped by the CBR TV studio to talk about Kick-Ass, his upcoming work on Avengers, discuss how his father feels about his work and more.


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This Labor Day weekend, you might have more time on your hands than usual.
What to do? Living in the Half Moon Bay Coastside area, you might want to get out on the water for some fishing.
No license? No problem — at least for this Saturday.
If the thought of spending $43 on a sportfishing license has kept you from throwing a line or two in the water, hesitate no more.
On September 3, the California Department of Fish and Game is suspending its license requirements for sportfishing. The date is one of two days this year that the agency considers it legal to fish without a license for those age 16 and older. (The first no-license fishing day this year took place on July 2).
Not all fishing requirements have been relaxed. Fish and Game still requires that anglers comply with bag and size limits, gear restrictions, report card requirements, fishing hours and stream closures.
In addition, the agency emphasizes that those fishing for abalone, steelhead, sturgeon, spiny lobster or salmon in the Smith and Klamath-Trinity River systems must also complete a report card detailing the nature of the catch. More information about report cards and the cost for each type can be found on the Fish and Game website here.
Current regulations for both ocean sportfishing and freshwater sportfishing in California are detailed here.
To receive news feeds about Half Moon Bay and the unincorporated Coastside between Montara and Pescadero, visit Half Moon Bay Patch on Facebook and "like" us here. Follow us on Twitter here.


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PENN offers a variety of fishing accessories for the saltwater angler. Choose from Versa-Gear™ sets to customize retrieve speed on your Torque™ Star Drag, downriggers and accessories, and PENN lube and Neoprene Reel Covers to assure optimum lubrication, performance and protection from harsh marine environments.
Due to harsh marine environments we recommend performing periodic maintenance on your reels. Our proprietary formula actually bonds to the metal and is specifically designed for use in fishing reels.
Triple-stitched neoprene covers with durable velcro closures to help keep your PENN reels looking like the day you bought them.
Torque™star drag reels come standard with a 6.0:1 gear ratio for rapid line retrieve. However when bottom fishing where power is more important than speed you may find the need for a lower gear ratio. For these situations we offer our Versa-Gear™ system which allows you to easily purchase and install a 5.4:1 or 4.8:1 ratio.
Show your buddies you are fishing with the best and customize your vehicle and vessel with PENN Vinyl stickers. Available in two styles and three sizes, we have the perfect accent piece for your toys. Great for tournament fishermen and weekend anglers alike, PENN stickers add that extra styling and intimidation you're fishing for.


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Lynne Kiesling
Adam Thierer of the Mercatus Center on corporate welfare, and why he doesn't like the phrase "crony capitalism":
Here's Adam arguing against a proposal to nationalize Facebook "to protect user rights".
Lynne Kiesling
Adam Thierer of the Mercatus Center on corporate welfare, and why he doesn't like the phrase "crony capitalism":
Here's Adam arguing against a proposal to nationalize Facebook "to protect user rights".
Lynne Kiesling
Whether the topic is retail sales or higher education (or some other application), the role of digital technology raises the question of how, if at all, online activity substitutes for physical, face-to-face activity. That relationship differs case-to-case; you wouldn't expect the effects of online shopping on bricks-and-mortar shops to have the same patterns as the effects of digital technology on learning. But digital innovation is having effects on the relationships, outcome patterns, and models that we use regularly. I know, earth-shattering insight …
Analyzing the question of substitutability between online and physical is an important application of the economic way of thinking. One reason why digital technology has different effects in different cases is its varying degrees of substitutability for a face-to-face physical experience. Sometimes, actually a lot of the time, online shopping is a close substitute for going to the store, with that substitutability enhanced by online vendor offers of free returns (thank you Zappo's for being the innovator on that front!). In education, though, the degree of and pattern of substitutability is different, and I would argue substantially lower in most cases than that in online shopping.
The next step in thinking analytically about the effects of digital innovation is complementarity — does the change prompted by the technological change enhance the product offering, the learning experience, etc.? Here's my simple hypothesis/model: it's the differing patterns of substitutability and complementarity of digital technology that leads to differing patterns of outcomes and models across industries and across different applications of digital technology.
If I wanted to add another dimension to that model, the next step I'd take is to acknowledge that many of our actions in these different cases take place within networks, and that digital technology can both extend and deepen the networks in which individuals act and make choices. Whether it's sending a tweet of those cute boots while shopping (either online shopping or in a store) to get your friends' reactions, or using discussion forums or video chats to enable collaborative learning and problem-solving, no one acts in isolation. In essence, I could analyze the effects on our social networks of digital technology using this same simple substitutability/complementarity model. But is there a deeper factor that can affect the extent of virtual substitutability and complementarity with an individual activity?
Two things I'm currently reading provoke these simple musings. The first is this insightful article from John Hagel and John Seely Brown arguing that virtual interactions have limits, and that stores and conferences won't go away (I'd add books to that list). Their argument tackles this substitute/complement question head on, and identifies what I think is one of these deeper factors in determining substitutability and complementarity — trust:
Are we just stubborn creatures of habit who are slow to adopt a better solution? Or, is there a fundamental value to the brick-and-mortar, flesh-and-bone world that cannot be replaced?
There is nothing as compelling as direct human interaction. It strengthens trust, creates serendipity, and fosters community in an irreplaceable way. And although technology is progressing, there will always be a premium placed on meeting in person.
Face to face interactions provide us with a much richer context that helps to build deeper trust. There is a richness and depth of information that comes from physical cues, such as the firmness of a handshake or the sweatiness of someone's palm, that are invaluable. Even subtle details, such as the state of someone's office or how stressed their administrative assistant looks, provide context and clues that help us decide how to act, and are impossible to convey virtually.
Then there is also an authenticity that comes from the "off-camera moments" that accompany face-to-face interactions. Small talk before meetings start, coffee breaks, and running into people into the halls all provide a litany of unscripted, unorchestrated interactions that make it difficult for people to package themselves. The resulting mutual transparency inspires a confidence and trust that is much more difficult and time-consuming to develop through other means. Trust-based relationships are fundamental to effectively participating in the knowledge flows that accelerate learning and performance improvement, something that is becoming more and more essential in a world of mounting performance pressure.
They also identify the extent to which serendipity can lead to new value creation more in face-to-face interaction than in virtual interaction, and make a pointed observation that even those who start virtual communities around a shared interest usually strive to find ways to meet in person (this is my experience too).
The second thing I've been (re)reading is Clay Shirky's Here Comes Everybody, which we've been discussing over the past two weeks in my freshman seminar. Shirky expands on many of the issues of generating trust and serendipity in physical and virtual networks, and how we use digital technology to broaden and deepen our networks and to organize and coordinate our actions without formal, hierarchical organizations. The fundamental economic question of the substitutability and/or complementarity of digital technology with other aims, goals, products, etc. is at the core of Shirky's argument.
Lynne Kiesling
I'd like to offer an enthusiastic hat tip to Popehat for writing the blog post that I had worked on all weekend in my head, but couldn't pull off that incisively. Over the weekend the Volokh Conspiracy's resident authoritarian and author of TSA policies, Stewart Baker, wrote a bizarre post expressing his bewilderment at widespread opposition to the TSA, particularly among women. Perhaps his attempt at sexualization of the TSA screening experience, and his confession of his performance anxiety and his Michael Chertoff envy, were some ham-handed and clod-footed attempt at humor. If so, they show Baker's tone deafness while implementing authoritarian policies that erode our civil liberties with little, if any, benefit arising from the security theater he has helped bring into being.
Popehat says with wit and style what ran through my mind while contemplating Baker's post:
But there are no real women in his analogy; he dismissed them with a hand-wave: "I can't explain the women who hate TSA with a passion, though I'm not sure how many there are. Anti-TSA sites and comments have a distinct whiff of testosterone."
That would be a surprise to, say, Amy Alkon, who was threatened with a lawsuit by a TSA agent for having the temerity to complain about having fingers thrust into her during a search. It would be a surprise to women harassed over their breast milk by TSA agents too stupid or careless to know their own policies, or these women forced to remove prosthetic breasts, or this woman forced to expose her gastric tube to gawking polyster-clad subnormals, or this rape survivor cupped and groped and probed by TSA "professionals," or this woman told to remove her nipple rings, or any of these women. I'm pretty sure they aren't critics of the TSA because of some sort of surge of testosterone.
And yet I'm being unfair — to the women. Women don't just criticize the TSA because some of them are getting groped and harassed and abused. Women, as much as men, love liberty. Women, like men, love America. Women love America, and they're skeptical if the proposition that, if America is in such grave danger that we must surrender rights to save it, we should be surrendering rights to the sort of people who get recruited by ads on pizza boxes. Women — as you'll know if you're in a relationship with one — question things. Among the thing they question: why should we trust the TSA's statement that these measures are effective, or necessary? Why should we accept the logical fallacy that these measures work because there have been no more terrorist attacks on planes? How do we know this isn't merely more security theater? Why is the TSA steadily increasing its power over more and more avenues of American travel? How can we possibly yield to an agency that openly believes that it is entitled to unquestioning compliance from Americans? How is the canine obedience of government demanded by "national security conservatives" reconcilable with actual conservatism? What kind of Americans would we be if we just said "sure, Department of Homeland Security, whatever you say?"
I have posed those questions here, several times, from several economic and moral perspectives. Of course the wasteful, invasive, ineffectual, violating TSA procedures affect both men and women, but I appreciate Popehat's giving voice to the unwritten blog post in my head.
Lynne Kiesling
Whether or not you've read Leonard Read's famous essay I, Pencil, I recommend this short video rendition, courtesy of the Competitive Enterprise Institute.
It captures poetically the fascinating, marvelous coordination that we achieve through markets, enabling prosperity and well-being beyond what we would each individually be able to achieve alone. And at IPencilMovie.org there's a set of additional commentary videos and other resources for your enjoyment, for use in the classroom, and to share with friends.
Lynne Kiesling
The disruptive digital innovations that have transformed music, movies, and news are now changing business models in higher education. This month's Cato Unbound features a set of essays on the possible effects of changes like universities offering MOOCs (massive online open courses) at zero price. In the lead essay, Alex Tabarrok argues that online courses offer the prospect of excellent learning opportunities while overcoming Baumol's cost disease (i.e., the traditional education model is not particularly prone to productivity enhancements). Alex is walking the talk here, in the form of his Marginal Revolution University initiative with Tyler Cowen.
The three response essays make varying critiques of Alex's claims for the benefits of online education — Alan Ryan contends that the traditional model's benefits have been robust to other innovations, so we should be wary of claiming too much for online disruption; Siva Vaidhyanathan thinks Alex engages in hyperbole and doesn't account for the diversity of classroom experience and its benefits; and Kevin Carey thinks that Alex doesn't go far enough, and that online education technology may be truly disruptive and transformative.
The one area where I think all of the authors would agree (as do I) is with Kevin Carey's statement that "… as with so many things, Neal Stephenson got there first" (if you haven't read Stephenson's The Diamond Age: Or, A Young Lady's Illustrated Primer, you should; it's my favorite book of one of my favorite authors, and he sure did get there first).
This collection of essays is a thoughtful set of analysis of some of the issues in online education. Clay Shirky also analyzed the potential implications of online technology for education recently, and thoughtfully. He analogizes higher education to the music industry in the 1990s, and how in the face of Napster the music industry members did not imagine that digital innovation would ever make the album format obsolete. And yet it did, with a mix of implications, good and bad, that are still playing out — advertising or subscription as a revenue model? Artists selling music, or giving it away and selling concerts and other merchandise to make a living? It's an analogy worth considering, and it's going to require faculty, administrators, and students to think more consciously and creatively about the benefits and values in education, the various ways to generate those benefits, and the relationship of cost and benefit in those various methods of generating value.
I don't have a good answer for this, and I take Yogi Berra's caution seriously that prediction is hard, especially about the future. Both individually and at the university level I am thinking about these changes and how best to use technology to improve my teaching and the value of what I contribute to the residential higher education model, and lots of other faculty are doing the same. There are ways that online resources are complements for classroom learning, and ways that they are substitutes. When they are substitutes for what we do in the classroom, that should push us to be creative and think differently about how to improve learning, thoughtfulness, habits of mind, and critical thinking in face-to-face learning.
Lynne Kiesling
I hope you are enjoying a fun and relaxing holiday weekend! I've been using it, among other things, to catch up on my reading, made more enjoyable by two new additions to the rotation:
askblog: Arnold Kling has started blogging again, this time at his own new site. Given that his tagline is "taking the most charitable view of those who disagree", I look forward to more of the same insightful and civil discourse that has made Arnold one of the most valuable and appreciated economist voices among public intellectuals.
Political Entrepreneurs: Ed Lopez and Wayne Leighton have a brand-new book out, Madmen, Intellectuals, and Academic Scribblers, and this blog is a companion to that work. From the publisher's website:
Madmen, Intellectuals, and Academic Scribblers offers up a simple, economic framework for understanding the systematic causes of political change. In order to distill the smorgasbord of scholarship on political evolution, Madmen takes up three fundamental, interrelated questions: Why do democracies generate policies that impose net costs on society? Why do such policies persist over long periods of time, even though they may be widely known to be socially wasteful and even though better alternatives could be implemented? And why do certain wasteful policies eventually get repealed (e.g., airline rate and route regulation), while others endure (e.g., sugar subsidies and tariffs)?
Authors Wayne A. Leighton and Edward J. Lopez examine these questions through familiar policies in contemporary American politics, but also to draw on examples from around the world and throughout history to paint a lively picture and illustrate the pervasiveness of these quandaries.
Both the book and the blog look like a worthwhile read, and have moved to the top of my list.
Michael Giberson
A graphic illustrating states with price gouging laws (blue) and states without them (gold). For a list of the states with citations and related notes, see my earlier "List of States With Anti-Price Gouging Laws."
So far as I know, the only serious attempt to explain why some states do have price gouging laws and others do not is Cale Wren Davis's thesis, "An analysis of the enactment of anti-price gouging laws," Montana State University, (2008).
Davis makes some progress, but there is still a lot of work to be done on the political economy of price gouging.
Lynne Kiesling
I cannot recommend highly enough the EconTalk conversation between Russ Roberts and Mike Munger on price gouging. Some hurricane, some gasoline, some John Locke, some Aquinas, well worth your time. Their discussion of Locke is fascinating. The comments from readers/listeners are also quite good.
On the same topic, Art Carden posts a useful infographic on price gouging. Good conversation starter/discussion focal point for students.
Lynne Kiesling
Remember the first time you bought a mobile phone (which in my case was 1995). You may have been happy with your land line phone, but this new mobile phone thing looks like it would be really handy in an emergency, so you-in-1995 said sure, I'll get a cell phone, but not really use it that much. Then, the technology improved, and more of your friends and family got phones, so you used it more. Then you saw others with cool flip phones, in colors, and you did some searching to see if other phones had features you might like. Then came text messaging, and you experimented with learning a new shorthand language (or, if you're like me, you stayed a pedant about spelling even in text messages that you had to tap out on number pad keys). You adopted text messaging, or not. Then came the touch screen, largely via the disruptive iPhone, and the cluster of smartphone innovation was upon us. Maybe you have a smartphone, maybe you don't; maybe your smartphone is an iPhone, maybe it isn't. But since 1995, your choice of communication technology, and the set from which you can choose, has changed dramatically.
This change didn't happen overnight, and for most people was not a discrete move from old choice to new choice, A to B, without any other choices along the way. Similarly for technological change and the production of goods and services. For both consumers and producers, our choices in markets are the consequence of a process of experimentation, trial and error, and learning. Indeed, whether your perspective on dynamic competition is based on Schumpeter or Hayek or Kirzner (or all of the above), the fundamental essence of competition in market processes is that it's a process of experimentation, trial and error, and learning, on the part of both producers and consumers. That's how we get new products and services, that's how we signal to producers whether their innovations are valuable to us as consumers, that's how innovation creates economic growth and vibrancy, through the application of our creativity and our taste for creating and experiencing novelty.
This kind of dynamism is common in our world, and is increasingly an aspect of our lives that creates value for us; mobile telephony is the most obvious example, but even in products as mundane as milk, the fundamental aspect of the market process is this experimentation, trial and error, and learning. How else would Organic Valley have started coming out with a line of milk that is entirely from pasture-raised cows? (I am happily consuming this milk; pasture-raised cows make milk with more essential fatty acids and conjugated linoleic acid, very important for health)
But this kind of dynamism, while common, is not pervasive. Institutions matter, and in particular, various forms of government regulation can influence the extent to which such technological dynamism occurs in a market. The example I have in mind as a counterpoint, the example I want to explain and understand, is consumer-facing electricity technologies, like thermostats and home energy management systems. For the past several years there has been considerable innovation in this space, due to the application and extension of digital communication technology innovations. But despite the frequent claims over the past few years that this year will be the year of the consumer energy technology, it keeps not happening.
Tomorrow in New Orleans, at the Southern Economic Association meetings, I'll be presenting a paper that grapples with this question. My argument is that traditional economic regulation of the electricity industry slows or stifles innovation because regulation undercuts the experimentation, trial and error, and learning of both producers and consumers. As I state in the abstract:
Persistent regulation in potentially competitive markets can undermine consumer benefits when technological change both makes those markets competitive and creates new opportunities for market experimentation. This paper applies the Bell Doctrine precedent of "quarantine the monopoly" to the electricity industry, and extends the Bell Doctrine by analyzing the role of market experimentation in generating the benefits of competition. The general failure to quarantine the monopoly wires segment and its regulated monopolist from the potentially competitive downstream retail market contributes to the slow pace and lackluster performance of retail electricity markets for residential customers. The form of this failure to quarantine the monopoly is the persistence of an incumbent default service contract that was intended to be a transition mechanism to full retail competition, coupled with the regulatory definition of product characteristics and market boundaries that is necessary to define the default product and evaluate the regulated monopolist's performance in providing it. The consequence of the incumbent's incomplete exit from the retail market suggests that as regulated monopolists and regulators evaluate customer-facing smart grid investments, regulators and other policymakers should consider the potential anti-competitive effects of the failure to quarantine the monopoly with respect to the default service contract and in-home energy management technology.
In August 2011 I wrote about the Bell Doctrine, Baxter's precedent from the U.S. v. AT&T divestiture case, and how we have failed to quarantine the monopoly in electricity. This paper is an extension of that argument, and I welcome comments!
If you'll be at the SEA meetings, I hope to see you there; I am headed to NOLA tonight, and look forward to a fun weekend full of good economic brain candy.
Michael Giberson
The New York Attorney General's office takes action against 13 gas station owners in the state for price gouging. Like last week's prompt response by New Jersey, this is unusually quick work for price gouging cases.
A few quotes from the AG's press release:
NEW YORK – Attorney General Eric T. Schneiderman today announcedthat his office has notified 13 gas station operators of his intent to commence enforcement proceedings against them for violations of the New York State Price Gouging statute. These are the first of what is expected to be a series of actions taken in a wide-ranging investigation launched in the wake of Hurricane Sandy for price gouging after receiving hundreds of complaints from consumers across the state of New York.
"Our office has zero tolerance for price gouging and we are taking action to send a message that ripping off New Yorkers is against the law," said Attorney General Schneiderman. "Today's action is the first in a series of steps my office will take as we continue to actively investigate the hundreds of complaints we've received from consumers of businesses preying on victims of Hurricane Sandy. We will do everything we can to stop unscrupulous individuals from taking advantage of New Yorkers trying to rebuild their lives."
Included is some explanation of price gouging law details:
New York's price gouging law does not specifically define what constitutes an "unconscionably excessive price." However, the statute provides that a price may be "unconscionably excessive" if: the amount charged represents a gross disparity between the price of the goods or services which were the subject of the transaction and their value measured by the price at which such consumer goods or services were sold or offered for sale by the defendant in the usual course of business immediately prior to the onset of the abnormal disruption of the market.
In other words, a "before-and-after" price analysis can be used as evidence of price gouging. Evidence that a price is unconscionably excessive may also include proof that "the amount charged grossly exceeded the price at which the same or similar goods or services were readily obtainable by other consumers in the trade area." However, a merchant may counter with evidence that additional costs not within its control were imposed for the goods or services. Notably, the price gouging law does not prohibit any disparity between the price charged before and after there is an abnormal disruption of the market. Rather, the statute prohibits a "gross disparity," when it is clear that a business is taking unfair advantage of consumers by charging unconscionably excessive prices, and increasing its profits, under severe circumstances that call for shared sacrifices.
Attorney General Schneiderman added, "These thirteen retailers stand out from others in the high prices they have charged and in the size of their price increases."
Note the phrase "additional costs not within its control." If a store manager takes actions to increase cost that are within the managers control: paying overtime to an employee, or undertaking extraordinary efforts to stock up on goods that post-emergency consumers might use, it may find that the state does not consider such costs as legitimate grounds for charging higher prices. (Case in point: People v. Chazy Hardware. Expense and risks involved in effort to procure generators after an ice storm not grounds for charging higher price.)
Two gasoline price gouging examples listed in the press release:
Attorney General Schneiderman noted as an example that, in the case of the Mobil station located at 40-40 Crescent Street in Long Island City, the price per gallon was posted at the roadside as $3.89. The line for the station was three city blocks long. When the consumer got to the pump, the price sign noted a cash price of $4.89 for regular gas and a credit card price of $4.99. The consumer paid the $4.99 using his credit card because he was low on cash and needed the gas.
In another example, at the Express mart station located at 1000 Rte 9 in Lindenhurst, a consumer has reported that there were no road signs indicating the gas prices, only a plywood sign next to the road stating they were only accepting cash for gasoline purchases. There was a long line at the gas station. When the consumer pulled up to the pump he was told the gas price was $4.99 a gallon. He paid the $4.99 because he needed the gas.
The 13 gasoline stations are branded: Shell (3), Mobile (4), USA Petroleum (2), Babylon Gas/Express Market, Sonomax, Delta, and Getty. Without looking for any evidence, I'll hazard the guess that the seven "big name" stations are all franchisees and not vertically integrated companies with refineries and distribution operations and the other six are small local chains or franchisees of regional brands. Compare to the NJ seven listed here.


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Havalon Piranta-Z Folding Skinning Knife Zytel Handle Black
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- Gun Butter Gun Oil 1/4 oz Liquid... $9.29 Out of Stock, Backorder OK
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Product Information
The Havalon Piranta-Z Folding Skinning Knife is the sharpest knife you will ever own. This unique knife features a replaceable scalpel blade so you will never have to work with a dull knife again. Included with the knife are twelve 2-3/4" 60XT blades that are easy to change. It also features a liner locking mechanism to ensure that the razor sharp blade will not close on your fingers. The zytel handle is extremely lightweight and the rubber inlay provides a sure grip. If you are tired of endlessly sharpening your hunting knife then the Havalon Piranta-Z is just what you need. Includes 12 replacement blades and nylon sheath.
Technical Information:
- Folding or Fixed Blade: Folding
- Blade Steel: 60XT stainless steel
- Handle Material: Zytel
- Blade Shape: Skinner
- Serrated: No
- Pocket Clip: Removable
- Carry Options: Nylon holster included
- Locking Mechanism: Liner lock
- Blade Finish: Stainless
- Rockwell Hardness: Not listed by manufacturer
- Opening Method: Ambidextrous thumbstuds
- Blade Length: 2.75"
- Blade Thickness: Not listed by manufacturer
- Closed Length: 4.5"
- Overall Length: 7.25"
- Weight: 3 oz.
- Made in Taiwan
Delivery Information
Shipping Weight: 0.350 PoundsXThe total weight of the product, including the product's packaging as it sits on our shelf. Since some products ship directly from the Manufacturer, their weight may be unavailable. Because of variations in the manufacturing process, similar products may have differing weights. Unless the product is designated as "Ships Alone", Shipping Weight does not include the shipping box or packing materials associated with your order.
Ships Alone: NoXProduct ships from MidwayUSA, separate from any other products on your order due to its size. Products that are Shipped Alone incur separate "Per Order" and "Per Pound" shipping charges.
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The statements and opinions expressed within Customer Reviews reflect each author's personal perspective and do not imply endorsement by MidwayUSA, its Employees or any other organization. Customers should in no way infer that MidwayUSA has validated review information as safe, accurate or appropriate.
We reserve the right to correct typographic, photographic and/or descriptive errors.


text:
Raymond Lau What makes me tick? Success! I 'm driven by my desire to be the best in everything I do.
Monash University, SCRUM Master / Programme ManagerDecember 2009 - December 2010, Clayton, Victoria, AustraliaE-Research Program Manager / Agile/ Scrum Master, Monash University, Clayton.
Monash ANDS (Australian National Data Service) Program/SCRUM Manager for the following projects:
1. Climate and weather
2. Ecosystem measurements
3. Molecular biology
4. Multimedia collections and ARROW
5. History of Adoption
6. MIMR/Interferome
7. Comprehensive Data Management for Microscopy Research Datasets
8. Development of Metadata Store Infrastructure with a Large Research Data Store
Transforming the world of work
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|diastole (daɪˈæstəlɪ)
|Compare systole the dilatation of the chambers of the heart that follows each contraction, during which they refill with blood
|[C16: via Late Latin from Greek: an expansion, from diastellein to expand, from
diastole di·as·to·le (dī-ās'tə-lē)
The normal rhythmically occurring relaxation and dilatation of the heart chambers, especially the ventricles, during which they fill with blood.
|diastole (dī-ās'tə-lē) Pronunciation Key
The period during the normal beating of the heart in which the chambers of the heart dilate and fill with blood. Diastole of the atria occurs before diastole of the ventricles. Compare systole.
diastolic adjective (dī'ə-stŏl'ĭk)
in the cardiac cycle, period of relaxation of the heart muscle, accompanied by the filling of the chambers with blood. Diastole is followed in the cardiac cycle by a period of contraction, or systole (q.v.), of the heart muscle. Initially both atria and ventricles are in diastole, and there is a period of rapid filling of the ventricles followed by a brief atrial systole. At the same time, there is a corresponding decrease in arterial blood pressure to its minimum (diastolic blood pressure), normally about 80 mm of mercury in humans. Ventricular diastole again occurs after the blood has been ejected (during ventricular systole) into the aorta and pulmonary artery.
Learn more about diastole with a free trial on Britannica.com.


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Mosby's Nursing Skills offers the most comprehensive combination of skills and multimedia content available. Over 480 skills from leader reference works in nursing are available. Mosby's Nursing Skills is built using learning management system (LMS) functionality allowing nurse managers and educators to assign, track and manage skills and test hospital staff. It includes supplementary material such as patient handouts that are Indexed and tied to specific skills. Designed with the help of nurses, manager and educators to meet the training needs of healthcare institutions today. Now nurses have a convenient, easy-to-use education tool to help them refresh their knowledge or learn entirely new skills and procedures.
Nursing |
Videos |


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Radisson Blu Hotel & Spa, Sligo is a large hotel, offering plenty of rooms. A 4-star rating promises a superb level of quality in Sligo.
Radisson Blu Hotel & Spa, Sligo has 2 restaurants where you can have a meal. Complimentary breakfast gives you the opportunity to start your day easily as you do not have to go out to buy your own. Alongside the great accommodation, you can also access a bar/lounge, a smoking area and a rooftop terrace. You might like the provision of a sauna, a spa/wellness center and a steam room here. Fancy water? You find an indoor swimming pool in addition to a children's swimming pool here. In this hotel you can find shops, such as a gift shop. A dry cleaning/laundry service, a luggage storage and an express check-in/out service are all part of the services here. This accommodation boasts 11 meeting rooms. When you stay in Sligo for business purposes, a positive notion is that there is a conference space available for your use. One of the facets of the location of this hotel is that you can make use of free parking.
The air always has a nice feel thanks to the air conditioning in Radisson Blu Hotel & Spa, Sligo. The rooms of this property are well appointed and include convenient facilities such as a housekeeping service. Wireless high-speed Internet access (complimentary) is provided to make sure you don't feel isolated from all your virtual friends. Sanitary facilities within the bathroom are available, for example every bathroom comes with a complimentary toiletries set. Booking a room here ensures you can utilise a coffee/tea maker.
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|From 15:00 Check-out: Until 12:00
|Wireless high-speed Internet access (complimentary)
|Parking (free)
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Please provide this reference number to our customer service center representative on request, so we can help you better


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Wedding woes weigh heavy on Omani government
Prospective grooms are protesting for government help to ease high dowry demands and expensive wedding costs
June 15, 2011 1:40 by Reuters
Office receptionist Sheikha's 2005 wedding was an extravagant 700-guest affair at one of Oman's top luxury hotels.
Besides spending 38,000 rials ($99,068) on the celebration, her groom also paid a 9,000-rial dowry, bought a new apartment for the couple and spent several thousand on their honeymoon.
"I was married like a princess and within three years abandoned like a beggar," said Sheikha, who asked that her last name not be used. "Our arguments began with my husband blaming me for his debts."
Sheikha's husband, like many Omani men, had taken out a bank loan to finance wedding expenses, which are traditionally the domain of the groom. The financial strain weighed on the couple and, against Sheikha's wishes, the pair was divorced in 2008.
She kept her dowry, which brides usually spend on jewellery, clothing and property, and little else. Her husband was left saddled with the accumulated debts that began at that wedding.
"More than half of Omani men earn, monthly, under 700 rials. It's impossible for them to finance their wedding. Eventually they get themselves into a debt quagmire within the early years of a marriage," legal advocate Mohammed al-Shahri.
"The majority of divorces occur due to underlying financial issues and although dowry may not be the direct cause of a divorce, it acts as a catalyst for fuelling financial tension and personal disputes."
The steep costs of financing weddings, which forces many young men to remain unmarried, cropped up during violent protests that rocked Oman this year as political turmoil spread across the Arab world.
In addition to protests calling for better pay, jobs and an end to graft in the Gulf Arab state, demonstrators also wanted government action to set up a marriage fund to help young couples meet spiraling marriage costs.
Oman's Shura Council, the quasi-parliamentary advisory body, has proposed the creation of a Marriage Support Fund which would provide interest-free loans to those in need as well as counseling and advisory services — mainly advising Omanis to have cheaper weddings and lower dowries.
"We have reached a stage where we cannot get married," said demonstrator Abdullah Alabri, 27. "We kept competing with our peers and now we are begging the government for help."
People who earn less than 500 rials per month are eligible to apply for the 4,000 rial loans. But the proposal may not help make a significant dent in current costs.
The trend of lavish weddings began during the 1980s and has created a demographic imbalance by encouraging Omani men to marry foreign women, perceived as less likely to demand high dowries or weddings.
Omani weddings can cost 30,000 rials while dowries reach up to 15,000 rials. In the country's interior, that figure can be as high as 30,000 rials. The bride's family sets the dowry price and the bride typically has little say in the matter.
"High dowries are demanded in the interior cities such as Buraimi and Ibri due to existing tribal ideas and social pressure," said Abdul Jalil, an Omani who works at a petroleum firm. A low dowry arouses suspicion that something is 'wrong' with the girl, making higher dowries a matter of pride, he added.
"I was a lucky man," he said. "I worked for five years before I got married and used my entire savings in financing my marriage. Each member of my family contributed either in the form of fridges, cooks, or wedding halls." (By Nazneen Akbari; Editing by Lin Noueihed)
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Narrow your search
BlackBerry makes RIM held a quick press conference this evening to make a statement on its global outages, as well as what it's doing to remedy the situation.
Improvements to Yahoo Mail, Messenger, and search introduced Monday are long overdue, but their launch gives Yahoo room to right the ship.
Odds & Ends: Clearing out the backlog...
Yahoo's email outage was more complex than it previously thought, the company's CEO has said in an apologetic blog post.
The monthly subscription service that lets you read an unlimited number of e-books is now available on any desktop or mobile browser.
The company has already alerted those affected, and is working with federal law enforcers to find the perpetrators.
The new service Music Drop lets you compose a little 16-note tune and have it immortalized in the form of a 3D-printed music box.
The carrier sells 4.2 million iPhones during the fourth quarter, double what it sold in the third quarter. And its got the new iPhone 4S to thank.
Boeing and Airbus are tweaking the tried-and-true instead of going all out for all-new. Here's why the jet-age pizzazz has been grounded.


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Item not in stock
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Le Creuset black 'Textiles' handle glove
Item No.3310269430
This Le Creuset handle glove protects the hand while offering a firmer grip, and is heat-, stain- and steam-resistant. The four-layer design includes cotton towelling for natural insulation; a stitch-bonded cotton interlining for extra protection; an integral steam and grease barrier and a strong cotton canvas layer that repels water.
- HWD: 17 x 7.5 x 1cm
- 100% cotton
- Heat and stain resistant, 100% cotton canvas and towelling with a special stain resistant coating
- Protects against hot, metal handles
- Hanging Loop
- Available in a variety of colours
- Le Creuset textiles are fully washable and pre-shrunk. The handle glove is for additional personal protection and comfort when either lifting a hot product from an extinguished heat source or moving whilst hot, it should not be used or left on a product
Deliveries are between 8am - 6pm, Mon - Sat.
FREE if you pay with your Debenhams card
FREE delivery on all orders over £30 (normally £3.99)
Deliver to store for collection ( 159 participating stores ) FREE
Debenhams is happy to exchange or refund your purchase within 28 days providing the goods are in a fully resaleable condition (including tags) and not within the exclusion policy*. This policy does not affect your statutory rights. You can return unwanted items either by visiting your local store (the fastest way to get a refund), by arranging a courier collection or returning by post. Exclusions apply to selected products. For instructions on how to return products and information on Debenhams refund policy visit the returns and refunds section of the website.


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Editor, Townsman:
I just came across your article again titled "Toxic sludge case settled" (Townsman, Dec. 26).
I was unable to attend the meeting on Dec. 19, but I have a few questions on the decision to settle.
Has the award been paid to James Berberian yet and how much of it did his lawyer get?
Why did he win the award and why do taxpayers have to bear the bulk (or any) of the burden for the award when Pennoni Associates was apparently in violation of Environmental Protection Agency rules?
Is there any requirement for Pennoni and Berberian to use the award money to clean up the wetlands, etc. themselves now? Or was the award made only to punish the town (taxpayers) for EPA violation?
What becomes of the contamination problem now?
I think the Board of Selectmen and others involved in the award should be held accountable for why the award was made. Or did I miss something?
Don Ross
198 Chandler Road


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In his story on "burning questions" for Atlantic Division teams, David Thorpe wonders "does Jason Kidd have a clue about coaching?" He cites how Kidd, while not coaching in Orlando, took a phone...
The Brooklyn Nets lost their 4th game of the Orlando Summer League, falling to the Houston Rockets, 92-76. They are now 0-4 in Summer League play.
It appears as if Lawrence Frank has agreed to join Jason Kidd on the Nets bench as an assistant coach.
Amick: Raptors to Offer $12M Annually to Free Agent Nash?
Video - RaptorsHQ TV takes you inside the Toronto Raptors' NBA Draft Workouts.
#Raptors' Summer League Schedule Announced.
Why Didn't the Raptors Play More Zone Last Season? - The HQ argues that Triano should go all zone next season.
Terrence Williams will be back at it this summer...in Seattle, in Las Vegas and in Chicago, trying to take off after a season of ups and downs. Gary Payton will be there to help.
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July 25, 2014
landrieu dance
THINGS YOU CAN NEVER UNSEE 11:50 am April 19, 2011
James O'Keefe Dances and Sings In Flamboyant YouTube Musical
For reasons which are sort of obvious, James O'Keefe donned his favorite Village People construction worker costume — the one with the assless chaps — and then sang a song about Mary Landrieu. What? "Dancing" and auto-tuned vomit starts at around 3:00. (Also, check out this video's YouTube channel. We assume the "Favorite Videos" are […]