Submission in Response to the Australian Productivity Commission's Inquiry into IP Arrangements Draft Report

This Submission by nine intellectual property academics responds to the Draft Report in the Inquiry into IP Arrangements published by the Australian Productivity Commission on 29 April 2016 ('Draft Report'). In broad terms, the submission supports many of the goals of, and recommendations of, the Productivity Commission expressed in the Draft Report, but expresses concerns that some recommendations may not achieve the overall goals of the Commission, or reflect misunderstandings of the statutory framework. The submission addresses many of the Commission's draft recommendations concerning copyright, patents, trade marks and geographical indicators, IP and public institutions, and IP's institutional and governance arrangements

The molecular basis of beta-thalassemia intermedia in southern China: genotypic heterogeneity and phenotypic diversity

<p>Abstract</p> <p>Background</p> <p>The clinical syndrome of thalassemia intermedia (TI) results from the β-globin genotypes in combination with factors to produce fetal haemoglobin (HbF) and/or co-inheritance of α-thalassemia. However, very little is currently known of the molecular basis of Chinese TI patients.</p> <p>Methods</p> <p>We systematically analyzed and characterized β-globin genotypes, α-thalassemia determinants, and known primary genetic modifiers linked to the production of HbF and the aggravation of α/β imbalance in 117 Chinese TI patients. Genotype-phenotype correlations were analyzed based on retrospective clinical observations.</p> <p>Results</p> <p>A total of 117 TI patients were divided into two major groups, namely heterozygous β-thalassemia (n = 20) in which 14 were characterized as having a mild TI with the Hb levels of 68-95 g/L except for five co-inherited ααα^anti-3.7triplication and one carried a dominant mutation; and β-thalassemia homozygotes or compound heterozygotes for β-thalassemia and other β-globin defects in which the β⁺-thalassemia mutation was the most common (49/97), hemoglobin E (HbE) variants was second (27/97), and deletional hereditary persistence of fetal hemoglobin (HPFH) or δβ-thalassemia was third (11/97). Two novel mutations, Term CD+32(A→C) and Cap+39(C→T), have been detected.</p> <p>Conclusions</p> <p>Chinese TI patients showed considerable heterogeneity, both phenotypically and genotypically. The clinical outcomes of our TI patients were mostly explained by the genotypes linked to the β- and α-globin gene cluster. However, for a group of 14 patients (13 β⁰/β^Nand 1 β⁺/β^N) with known heterozygous mutations of β-thalassemia and three with homozygous β-thalassemia (β⁰/β⁰), the existence of other causative genetic determinants is remaining to be molecularly defined.</p

Global patient outcomes after elective surgery: prospective cohort study in 27 low-, middle- and high-income countries.

BACKGROUND: As global initiatives increase patient access to surgical treatments, there remains a need to understand the adverse effects of surgery and define appropriate levels of perioperative care. METHODS: We designed a prospective international 7-day cohort study of outcomes following elective adult inpatient surgery in 27 countries. The primary outcome was in-hospital complications. Secondary outcomes were death following a complication (failure to rescue) and death in hospital. Process measures were admission to critical care immediately after surgery or to treat a complication and duration of hospital stay. A single definition of critical care was used for all countries. RESULTS: A total of 474 hospitals in 19 high-, 7 middle- and 1 low-income country were included in the primary analysis. Data included 44 814 patients with a median hospital stay of 4 (range 2-7) days. A total of 7508 patients (16.8%) developed one or more postoperative complication and 207 died (0.5%). The overall mortality among patients who developed complications was 2.8%. Mortality following complications ranged from 2.4% for pulmonary embolism to 43.9% for cardiac arrest. A total of 4360 (9.7%) patients were admitted to a critical care unit as routine immediately after surgery, of whom 2198 (50.4%) developed a complication, with 105 (2.4%) deaths. A total of 1233 patients (16.4%) were admitted to a critical care unit to treat complications, with 119 (9.7%) deaths. Despite lower baseline risk, outcomes were similar in low- and middle-income compared with high-income countries. CONCLUSIONS: Poor patient outcomes are common after inpatient surgery. Global initiatives to increase access to surgical treatments should also address the need for safe perioperative care. STUDY REGISTRATION: ISRCTN5181700

Addressing Copyright Infringement Online Through Secondary Liability and Website Blocking: A Submission to the Australian Government

This submission responds to two proposals by the Australian government to address online copyright infringement (1) expanding secondary liability for copyright infringement (the doctrine of authorisation) to increase the ‘incentives’ for network access providers to ‘cooperate’ with copyright owners, and (2) introducing a mechanism to allow copyright owners to apply to the court for an injunction to block overseas websites with the ‘dominant purpose’ of facilitating copyright infringement. The submission argues against the expansion of secondary liability, outlining the many problems that have resulted in recent years in Australia from legislative attempts to ‘clarify’ or codify the doctrine of authorisation. It points out the hybrid nature of the Australian law prohibiting ‘authorisation’ of copyright infringement, as a creature of both statute and common law, and how this impacts on legislative attempts to guide the courts. It also points out that internet service provider safe harbours, introduced as a result of Australia’s Free Trade Agreement with the US, would also undermine the government’s goals. In relation to website blocking, the submission reviews developments in Europe and elsewhere and suggests a range of safeguards and limitations that should be considered, including limiting availability of an injunction to cases of serious infringement, where the injunction will not impact on lawful access, ensuring that the order does not impact adversely on the ability of network providers to run a business, ensuring natural justice and procedural fairness. We also argue for a sunset clause to ensure proper review of its operation after an appropriate period. The submission also examines, and rejects, an argument that Australia’s bilateral trade agreements with the US, Singapore, Korea and/or Japan require Australia to expand the liability of internet access providers for copyright infringement by their customers