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Welfare is a multidimensional construct and its quantification is of major scientific, societal and economic importance in veterinary medicine. The construction of indices that measure welfare validly and reliably remains a considerable challenge. A general methodology for constructing welfare indices can be adapted from human medicine (in particular, from methodologies to assess Quality of Life [QoL]) and modified to reflect the fact that all assessments of animal welfare must be observer-based. The methodology is based on the creation of individual, composite indices for distinct dimensions/domains of welfare such as pain, disease, or stress. The domains include behavioural, physiological and biochemical markers. We have established QoL methodologies in the assessment of acute and chronic pain in dogs and generalised this approach to farm animal welfare. We describe the development of a questionnaire with seven behavioural categories which are used to create a single pain score to assess acute pain in dogs. For chronic pain in dogs, a structured questionnaire with over 100 items has been devised, which the owner completes by indicating degree of agreement with each item using a seven-point Likert scale. The welfare measure includes pain as an integral component as well as husbandry, behavioural and physiological/biological measures. In each case, a profile of the individual indices can be studied and compared over time or among observers. These indices may also be combined to form a single composite welfare measure, should this be appropriate, using scaling models. In the welfare setting, we have both causal and indicator variables — and indeed, for farm animals, the causal variables may be sufficient cause for poor welfare (eg the presence of disease or inadequate husbandry).
Quality of life (QoL) is an abstract construct that has been formally recognised and widely used in human medicine. In recent years, QoL has received increasing attention in animal and veterinary sciences, and the measurement of QoL has been a focus of research in both the human and animal fields. Lord Kelvin said “When you cannot measure it, when you cannot express it in numbers — you have scarcely in your thoughts, advanced to a stage of science, whatever the matter may be” (Lord Kelvin 1893). So are we able to measure animal QoL? The psychometric measurement principles for abstract constructs such as human intelligence have been well rehearsed and researched. Application of traditional and newer psychometric approaches is becoming more widespread as a result of increasing human and animal welfare expectations which have brought a greater emphasis on the individual. In recent decades the field of human medicine has developed valid measures of experienced pain and QoL of individuals, including those who are not capable of self-report. More recently, researchers who are interested in the measurement of animal pain and QoL have begun to use similar methodologies. In this paper, we will consider these methodologies and the opportunities and difficulties they present.
Barrows are a prominent feature of Britain's Bronze Age landscape. While they originated as burial monuments, they also appear to have acquired other roles in prehistory. British prehistorians, however, have been hampered in their interpretations of these monuments, as they are wary of speculating about how Bronze Age people might have conceptualised their dead. Here, the authors suggest that a recurring pattern of inversion is significant. They use Conceptual Metaphor Theory to argue that Bronze Age people in Britain saw their dead inhabiting an inverted underworld directly beneath the surface of the earth. This interpretation would explain not only burial practices, but also some of the barrows’ other apparent functions, such as guarding boundaries and controlling routeways.
The fourth edition of Australian Intellectual Property Law provides a detailed and comprehensive, yet concise and accessible discussion of intellectual property law in Australia. This edition has been thoroughly revised to cover the most recent developments in intellectual property law, including significant case law and discussion of the proposed and enacted amendments to the Copyright Act 1968 (Cth), the Patents Act 1990 (Cth) and the Plant Breeder's Rights Act 1994 (Cth). The text has been restructured, but continues to provide a complete discussion of the black-letter aspects of the law. Commencing with copyright, then followed by design law, confidential information, patents, plant breeder's rights, then finally trade marks. The work ends with a chapter on enforcing legal rights and civil remedies. Written by highly-respected intellectual property law researchers this text is an invaluable resource for both undergraduate and postgraduate students, academics and other professionals working with intellectual property.
Most modern laws that protect new plant varieties derive from the 1961 International Convention for the Protection of New Varieties of Plants (UPOV), which was subsequently revised in 1972, 1978 and 1991. The UPOV Conventions provide a system that enables breeders to recoup some of the associated costs of bringing a plant into cultivation through the grant of exclusive rights in the reproductive and propagating material of a new plant variety. By way of balance, others can use protected varieties for further breeding of new varieties. This regime provides additional benefits for contracting states: the ability to control the reproduction and maintenance of their own plant varieties as well as the improvement of access to new varieties from other countries. Following an extensive debate, Australia adopted the minimum standards in UPOV 1978 and enacted them in the form of the Plant Variety Rights Act 1987 (Cth). Some years later, Australia adopted and implemented the provisions of the 1991 revision of the Convention (UPOV 1991) in the Plant Breeder’s Rights Act 1994 (Cth) (PBRA). The Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Act 2018 (Cth) made both substantive and procedural amendments to the PBRA, all of which are in effect at the date of publication. The principal substantive reforms relate to essentially derived varieties, unjustified threats of infringement, and discretion to award additional damages. The text below presents the law following these amendments. IP Australia is responsible for the administration of the PBRA.
The rights of an owner of a registered trade mark are stated in s 20(1) to be the exclusive right to use the trade mark and to authorise other persons to use the trade mark in relation to goods and/or services in respect of which the trade mark is registered. This general commercial freedom of the owner to use a trade mark is subject to government restrictions on that use. In addition, s 20(2) provides that the registered owner has the right to obtain relief under the Act if the trade mark has been infringed.
The registration of trade marks was a reasonably natural development beyond the law of passing off. While passing off or its statutory equivalents have and still have numerous advantages, they are inadequate in some respects as a means of facilitating the exploitation of signs used to indicate the origin of goods or services or as a means of defining and regulating property rights.
This chapter examines some of the rights that are closely associated with but not usually seen as part of copyright law. The first section examines the moral rights that are given to creators upon creation of a copyright work. Moral rights are independent of copyright but arise where copyright subsists in a work, and continue to exist even though the creator may have sold (assigned) their copyright in the work. This is followed by an examination of the protection given to performers under the Copyright Act 1968 (Cth). The law in this area has undergone a number of recent changes, principally as a result of the Australia–US Free Trade Agreement 2004 (AUSFTA), which extended the protection to include control over authorised sound recordings of performances, as well as providing moral rights for certain types of performances. Later sections of this chapter consider resale royalty rights, circuit layout rights, and the public and educational lending rights schemes.