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Patent Grip: The Marketplace Making of Patent Law's Subjects

Hopper, Benjamin Robert ( 2023-09)

This work demonstrates that the grip of patent laws has to do with the development of market relations. It contrasts the core of patent law, namely, the concept of “invention”, with that epistemological form often cast as the defining “other” of invention, namely, the concept of “traditional knowledge” (TK). It finds that patent law protects a specific form of “invention”, namely, a discrete unit of commodifiable knowledge with certain characteristics that developed in reciprocity with the development of capitalist markets for intellectual things. The corollary is that those more ensconced in capitalist markets will more likely share patent law’s epistemology. Taking this insight, the work develops a theoretical framework to explain patent grip. At this framework’s core is the thinking of Soviet legal scholar, Evgeny Pashukanis, that law is contingent in the sense that it expresses underlying social relations. The development of a market for a given intellectual thing is connected with the development of a commodifying attitude to that thing in which people more readily perceive it, or additions and modifications to it, as a propertisable “invention” rather than some other form of knowledge. Thus, it is hypothesised that more commodity-oriented people are more likely to use and obey patent law, i.e., to have higher patent grip. This work tests this hypothesis using a case study of the extent to which, in southwestern China’s Guizhou province, TK-knowers, namely, traditional medical knowledge (TMK) practitioners, use and obey patent laws in respect of TMK. The case study involves a social survey of 53 mostly ethnic minority TMK practitioners, capturing, inter alia, measures of individual commodity-orientation (also called marketisation) and patent grip. Case study analysis finds: (i) statistically significant correlations between a TMK practitioner’s commodity-orientation and their patent grip; and (ii) a TMK practitioner’s commodity-orientation affects their treatment of knowledge, such that the more commodity-oriented are more likely to view TMK as a patentable “invention”. The work concludes that patent law is a historically specific phenomenon. It thereby counters the idea, pervasive in the patent literature, that individuals will respond homogenously to patent laws. Rather, this work demonstrates that, whether or not the introduction of patent laws will lead to patenting in respect of intellectual things, depends on the extent to which people are patent-receptive, i.e., the extent to which they have become patent law’s subjects. This work also undoes the idea that patent laws determine the operation of markets. Rather, it demonstrates that markets have a hitherto under-recognised role in determining the operation of patent laws.
Predicting redistribution of species and communities under environmental change: Improving the reliability of predictions across time

Uribe Rivera, David Eduardo ( 2023-04)

Ecological models used to forecast range change (range change models; RCM) have recently diversified to account for a greater number of ecological and observational processes in pursuit of more accurate and realistic predictions. Theory suggests that process-explicit RCMs should generate more robust forecasts, particularly under novel environmental conditions. RCMs accounting for processes are generally more complex and data-hungry, and so, require extra effort to build. Thus, it is necessary to understand when the effort of building a more realistic model is likely to generate more reliable forecasts. During my thesis, I investigated how explicitly accounting for processes improves the temporal predictive performance and transferability of RCMs. I first identified key knowledge gaps, and the challenges of evaluating temporal predictive performance and transferability. One of the main challenges is the lack of robust metrics to assess predictive performance and transferability. To address this I implemented and tested the use of new emerging tools to enable fair comparisons of predictive performance across samples with varying degrees of imbalance (e.g. species with low and high observed prevalence). I then tested a couple of hypotheses related to whether modelling observational processes explicitly results in better forecasts. In particular, I evaluated under what circumstances the benefits of explicitly accounting for imperfect detection and allowing information sharing across multiple species are retained when the models are extrapolated to generate predictions beyond the training temporal window. The findings should shed light on how to address remaining knowledge gaps, and how to generate more reliable forecasts on species’ responses to global change scenarios.
Conservation of freshwater macroinvertebrates through molecular methods

Tsyrlin, Edward ( 2023-09)

Freshwater macroinvertebrates are a diverse group of aquatic animals that lack backbones, including insects, worms, crustaceans, and molluscs, with sizes larger than one-third of a millimetre. For over a century, this group has primarily served as an indicator of stream health, and for practical reasons, have been typically identified at the family level. While potentially suitable for generic ‘waterway health’ assessments, the recent evidence of the biodiversity loss within freshwater ecosystems globally, requires reliable methods that go beyond the family level to more accurately measure biodiversity, including species richness and composition within this group. To address this need, in Chapter 2, Marxan conservation planning software was used to analyse a dataset collected from 140 sites in Greater Melbourne, Australia, spanning from 1993 to 2009. Our analysis demonstrated the inadequacy of the family-level data analysis in assessing species-level diversity. Specifically, the minimum number of sites required to observe all families or all species in Greater Melbourne was compared to show that the use of family-level data leads to an insufficient sampling effort for the purpose of biodiversity assessments. Furthermore, the selection of 17% and 50% of optimal conservation sites using family-level data versus species-level data revealed that the use of family-level data would result in important omissions, jeopardizing the conservation of rare species in the Melbourne area. The adoption of DNA metabarcoding as a routine species identification method is advocated for biomonitoring, including biodiversity assessments. This approach offers greater insights into local and regional biodiversity values, facilitates the detection of subtle changes in site community composition, and reinvigorates the study of species-level taxonomy among freshwater macroinvertebrates. Subsequent studies in this thesis focus on employing molecular techniques to enhance our understanding of the biodiversity and taxonomy of critically endangered and poorly known freshwater macroinvertebrates. Chapter 3 aimed to improve our knowledge of the distribution of two endangered amphipod species, Austrogammarus australis and Austrogammarus haasei, also known as Dandenong and Sherbrooke amphipods, within the Dandenong Ranges, Victoria, Australia. While the previous delineation of A. haasei was well supported by the DNA analyses, A. australis was separated into six distinct genetic lineages. Three other genetically distinct groups were found outside of the Dandenong Ranges. Further research is required to taxonomically classify these lineages, potentially leading to changes in the conservation status and management priorities for these groups. This study highlights the value of DNA barcoding techniques for detecting cryptic species, particularly when these species already hold conservation significance. In Chapter 4, DNA barcoding was also employed to detect environmental DNA (eDNA) of another critically endangered freshwater invertebrate, the Mount Donna Buang wingless stonefly (Riekoperla darlingtoni), to potentially identify new populations outside its known range. The survey revealed two new localities located 2.5 km west of previously known populations, expanding the extent of occurrence to 0.37 square km, across a total of five localities. A significant decline in the abundance of the main population correlated with climate warming. This study demonstrated that eDNA survey methods are sensitive and reliable for detecting freshwater invertebrate species occurring at low densities and difficult to sample habitats, compared to conventional methods. These results provided the necessary data for a submission to list the species under the Australian federal Environment Protection and Biodiversity Conservation Act (EPBC) 1999. The study also contributed to a case to protect the species from a proposed development within its range and attracted international recognition to this unique and vulnerable species through the IUCN. Chapter 5 addresses the common challenge of associating aquatic juvenile and terrestrial adult life stages. DNA barcoding has the advantage of reducing the need for rearing juvenile stages by associating both stages through their DNA. Additionally, DNA data facilitated the examination of relationship among the species in this study. This approach was applied to associate larval stages with previously described adults and to redescribe the larval stage of the diving beetle Chostonectes nebulosus. An identification key to all known Chostonectes was constructed using morphological characters. The increasingly pivotal role of DNA methods in detecting and discovering freshwater macroinvertebrate species is highlighted throughout the manuscript. These methods are expected to greatly improve the assessment and management of invertebrate diversity, laying a solid foundation for making well-informed decisions in conservation management and shaping evidence-based environmental policies.
Market microstructure and stock returns

Sun, Jiamu ( 2023-07)

Abstract This thesis explores the mechanisms that connect market microstructure frictions and stock return dynamics. It contains one literature review and two essays. The literature review provides a systematic introduction of the most important theoretical models and empirical methods in market microstructure literature, with a particular focus on their relations to the traditional asset pricing literature and implications for the stock price dynamics. It aims at providing the background information for the two essays and connecting them under a unified theme. The first essay documents the closing price premium (negative overnight return at individual stock level) in China’s A-share market, which reflects the preference of buying at the close for liquidity reasons induced by the unique T+1 settlement rule that requires stocks bought can only be settled and sold on the next trading day. Liquidity providers can use short-selling to circumvent the T+1 settlement rule and facilitate intraday round-trip trade. This study provides causal evidence showing that the closing price premium is reduced when the short-selling constraint gets relaxed. It shows that the bid-ask spread gets smaller with the closing premium reduction, a sign of liquidity improvement. This study enriches the short-selling literature and understanding of China's capital market microstructure by emphasizing how short-selling can aid in inventory management and mitigate mispricing due to regulatory frictions, such as the T+1 settlement rule. The second essay studies the stock return predictability from lagged order imbalance (OI) and its causes. It shows that the direction of the OI-based return predictability is time-varying instead of always being positive, as documented in Chordia and Subrahmanyam (2004). Two offsetting forces affect the predictability. First, a negative “inventory effect” in which the stock price reverses current price pressure as compensation for the liquidity provider's inventory risk. Second, a positive “order-splitting effect” where autocorrelated order imbalances and continuous price pressure are caused by the practice of investors splitting orders to minimize price impact. It presents empirical evidence supporting this view. The coefficient representing the sign and strength of the OI-based return predictability is larger for stocks with more institutional trading and smaller for stocks with less liquidity and higher inventory risk. Market-level analysis shows a distinct synchrony between the time series of the predictability coefficient and the VIX (the proxy for the inventory effect). This study offers an updated view of daily stock return predictability based on order imbalance and deepens the understanding of the mechanisms behind daily stock price dynamics by examining market microstructure factors, including strategic behaviors of investors with large liquidity demand and the liquidity provider’s inventory management practices.
Development of Second Language Pragmatic Competence at Advanced Proficiency Levels

Gomez Romero, Jaime Ignacio ( 2023-11)

Whereas much of the research in testing L2 pragmatics has been concerned with learners from low to higher-intermediate levels of proficiency, this study examined the pragmatic performance of advanced L2 learners to identify some of the features that best describe advanced pragmatic competence. To do this, 45 advanced EFL teachers from Chile at B2 and C1 level of the CEFR performed four speaking tasks: two monological and two role-play tasks. Employing a CA-inspired methodological approach, the groups were compared in terms of openings, preliminaries, core action, posterior moves, and closings for both types of task. Findings agree with previous research indicating that as proficiency increased, advanced learners had more access to linguistic resources, successfully marked disaffiliative actions as dispreferred, and identified contextual cues to produce talk. Lastly, the results also suggest that some features of pragmatic competence and interactional competence can be elicited through monologic tasks.
Physical modelling of riblet performance in yawed and non-yawed flows

Wong, Jeremy Zi-Jun ( 2023-11)

We introduce a viscous vortex model to predict the drag and heat transfer of riblets, eliminating the need for expensive direct numerical simulations (DNS) or experiments. The footprint of a typical quasi-streamwise vortex, in terms of the spanwise and wall-normal velocities, is extracted from smooth-wall DNS flow fields in close proximity to the surface. The extracted velocities are then averaged and used as boundary conditions in a Stokes-flow problem, wherein riblets with various cross-sectional shapes are embedded. Here, the same smooth-wall based boundary conditions can be used for riblets, as we observe from the DNSs that the quasi-streamwise vortices remain unmodified apart from an offset. In particular, the position of these vortices remain unpinned above small riblets. This smooth-wall-like behaviour persists up to the optimal size of riblets, and also up to a yaw angle of 15 degrees, enabling us to predict the riblet drag and heat transfer within these size and yaw-angle constraints. The present approach is compared with the protrusion height model of Luchini et al. (J. Fluid Mech., vol. 228, 1991, pp. 87–109), which is also based on a Stokes calculation, but represents the vortex with only a uniform spanwise velocity boundary condition. The key novelty of the viscous vortex model is the introduction of a non-zero wall-normal velocity component into the boundary condition. This approach induces transpiration at the riblet crests, as transpiration becomes relevant at increasing riblet sizes. Consequently, we show that the drag and heat-transfer prediction of the present model agree with our DNS data, as well as published data.
In mechanically ventilated extremely preterm infants, does extubation to a higher CPAP level, compared to a standard pressure, decrease the risk of extubation failure?

Kidman, Anna Madeline ( 2023-11)

Background Extremely preterm infants, those born < 28 weeks gestation, are at increased risk of morbidity and mortality compared with infants born at term gestation. Respiratory distress is common at this gestational age, and many infants require intubation and mechanical ventilation. Due to the complications associated with invasive ventilation, clinicians aim to extubate these infants to non-invasive support as early as possible. However, 40-60% of these infants experience extubation failure. Extubation failure is associated with morbidities such as acute physiological instability, trauma to the tissues of the airway, bronchopulmonary dysplasia, pulmonary vascular disease, and death. Nasal continuous positive airway pressures (nCPAP) > 5 cm H2O reduces extubation failure, but there is no consensus on the optimal pressures. Optimisation of nCPAP by using higher pressures may reduce extubation failure. However, there is a paucity of data examining the efficacy of pressures greater than or equal to 9 cm H2O. Aim To evaluate whether the use of higher nCPAP levels of 9-11 cm H2O compared with standard pressures of 6-8 cm H2O reduces extubation failure in extremely preterm infants. Methods After reviewing the existing evidence, I conducted the following research: 1. An audit of extubation failure in extremely preterm infants across two tertiary neonatal intensive care units. I examined records of extremely preterm infants < 28 weeks’ gestation to determine the characteristics of infants who experienced extubation failure and predictors of extubation failure. 2. A systematic review and meta-analysis of current non-invasive respiratory supports used post-extubation in extremely preterm infants. 3. A clinical randomised controlled trial, in which preterm infants < 28 weeks’ gestation, admitted to a neonatal intensive care unit after birth, and undergoing their first extubation were allocated to receive either higher nCPAP (9-11 cm H2O) or standard nCPAP (6-8 cm H2O). The primary outcome was extubation failure within 7 days as per the trial extubation criteria. Results 1. On multivariable analysis, lower gestational age (OR 0.71 [95% CI 0.6-0.9], P<0.001) and higher pre-extubation mean airway pressure (OR 1.9 [95% CI 1.4-2.5], P<0.001) were predictive of extubation failure. 2. Overall quality evidence in this population (< 28 weeks’ gestation) is lacking. In extremely preterm infants, there is no difference between nCPAP and non-invasive positive pressure ventilation (NIPPV) in reducing extubation failure. When synchronised with the infant’s breathing and ventilator-derived using higher peak inspiratory pressures, NIPPV may be superior to nCPAP in preventing extubation failure. Nasal heated humidified high flow is inferior to nCPAP in preventing extubation failure. Finally, higher nCPAP levels (greater than or equal to 9 cm H2O) may reduce extubation failure. 3. The Extubation CPAP level assessment trial (ECLAT) recruited 138 infants with a mean gestation of 25.7 weeks and a mean birthweight of 777 grams. Extubation to a higher nCPAP reduced extubation failure compared with extubation to standard nCPAP: 35% vs. 57%, risk difference (95% confidence interval) -0.22 (-0.37, -0.04). There were no important differences in rates of secondary outcomes or adverse events between groups. Conclusions Currently, nCPAP, NIPPV (including biphasic positive airway pressure and neurally adjusted ventilatory assist), high flow and nasal high-frequency oscillation ventilation are non-invasive modes of respiratory support used post-extubation in extremely preterm infants. Despite this, extubation failure rates remain high. Gestational age at birth and pre-extubation mean airway pressure are helpful in predicting infants at risk of extubation failure. The use of higher pressures (greater than or equal to 9 cm H2O) reduced rates of extubation failure in extremely preterm infants managed with nCPAP.
A Multifunctional Smart Field-Programmable Radio Frequency Surface

Li, Tianzhi ( 2023-04)

Wireless communication technology has completely transformed the way we communicate and access information. It operates on the principles of electromagnetic wave propagation, as described by Maxwell's equations. The scope of wireless communication is vast and includes satellite communication, handheld device communication, and Internet of Things (IoT), which have revolutionized fields of industry, healthcare, transportation, education, and entertainment. As demand for faster and more reliable communication continues to grow, a range of wireless communication standards has been developed, including WiFi, BLE, cellular networks, near-field communication (NFC), and ZigBee, each operating at a unique frequency range. Antennas that can operate across multiple communication standards have remained a challenge due to the interdependent factors of antenna geometry, size, and RF characteristics. As the number of devices with wireless connectivity increases dramatically, the spectrum resource is getting limited, which results in congestion and reduced performance. Reconfigurable antennas have been intensively studied in the last few decades to mitigate this challenge. Although reconfigurability in operating frequency, radiation pattern and polarization have been implemented, limitations including lack of programmability, pattern diversity, and self-adaptive capability against environmental interference exist. To address these limitations, we proposed a new concept called Field-programmable RF surface (FPRFS), which allows for the control of current flow on the surface to achieve desired antenna characteristics and impedance matching capabilities. This work starts with the theoretical analysis and creates the mathematical model for the FPRFS in antenna, impedance matching network, and filter applications. Our research demonstrated the reconfigurability of FPRFS antennas in operating frequency, radiation pattern, and polarization reconfigurability with radiation gain and efficiency levels that are comparable to those of conventional fixed patch antennas and enhanced immunity to surrounding obstacles. We developed a software algorithm for the FPRFS that enables it to automatically optimize its configuration in real-time, thereby adapting to changing load impedance or environmental interferences.
The affordances of pedagogical translanguaging in university language teaching and learning

Pirovano, Elena ( 2023-11)

As Australian universities are increasingly recognised as multilingual spaces (e.g., Ollerhead & Baker, 2019; Pauwels, 2014a, 2014b), student cohorts in language courses are also becoming more linguistically and culturally diverse. Taking translanguaging as a conceptual framework (e.g., Li, 2018), this project explores language students’ understanding of the notion of translanguaging and its pedagogical affordances in language learning through recognising prior experiences with and knowledge of languages and linguistic practices as resources (Cummins, 2017; de Jong et al., 2019). As translanguaging is a debated and complex notion (e.g., Bonacina-Pugh et al., 2021; Jaspers, 2018), the conceptual framework of this research includes all its dimensions (e.g., Leung & Valdes, 2019; Slembrouck, 2022) - theoretical, pedagogical, methodological and critical - to investigate its pedagogical potential in multilingual language learning spaces. Within this translanguaging framework, this project draws on the notions of linguistic repertoire (Busch, 2012), translanguaging space and moment analysis (Li, 2011), and post-monolingual research methodology (Singh, 2018, 2019, 2020) to investigate the pedagogical affordances of translanguaging in learning additional languages. In this instance, the term “additional languages” refers to languages other than English that are not a majority language in the chosen context. Through two case studies, the project collected data on language students’ experience of translanguaging (case study 1) and on the affordances of pedagogical translanguaging for beginner Italian learners’ writing skills (case study 2). The findings suggest that students’ understanding of translanguaging occurs through a complex negotiated process that develops through experiential, collaborative and reflective practices facilitated by the pedagogical design purposefully planned by the language teacher. The affordances of pedagogical translanguaging (e.g., Cenoz & Gorter, 2022a) for writing processes are enabled by a preliminary exploration of linguistic repertoires through multimodal biographies such as the language portrait (Busch, 2018) and translanguaging affordances (Garcia & Kleifgen, 2020) planned to leverage shared linguistic repertoires as communicative and semiotic resources. Within this process, language students activate translanguaging practices to achieve enhanced linguistic competence as well as a more autonomous expression of agency and identity in the learning process.
Democratic constitutions, disobedient citizens: conflict and culture in Habermas’ political theory

Field, James ( 2023-12)

This thesis reads Habermas’ political theory in light of his arguments about civil disobedience. I argue that the concept of civil disobedience stands in as a model of democratic conflictuality that is otherwise absent from Habermas’ formal political theory. The idea of social conflict within boundaries, formed not by legality but by a democratic ethos, is the basis of what I term ‘disobedient citizenship’, a concept implicit in Habermas’ theory that nonetheless displaces his model of procedural civic patriotism as the cultural centre of democratic politics. I argue that Habermas' central programmatic claim that ‘democracy and the rule of law are internally related’ can be revisited from this perspective. In addition, his writings on religion and interstate relations indicate that the notion of disobedient citizenship is central to spaces of ‘complementary freedoms’ that are constituted by a culture of tolerance, rather than procedural secularism or international law. The thesis argues that both conflict and tolerance are core values in his democratic theory. The thesis therefore presents a critical but sympathetic reading of Habermas’ ‘unwritten monograph’ on political theory. It argues that the modernity of democracy emerges in Habermas’ work not primarily through epistemic or cognitive rationality, but rather through the openness with which the democratic imagination approaches disagreement and conflict, evaluates and sets limits to it.

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