Intellectual Property Rights

Intellectual Property Rights Intellectual Property Rights Intellectual property can be instrumental to the value of any business. The ability to protect a business or an individuals ideas, inventions and original processes is something that is considered essential to many establishments, particularly those that rely on innovative ideas and products as their unique selling point. Intellectual property rights span a wide range of situations and products, although the most common rights are designs, copyright, patents and trade marks. Each of these intellectual property rights aims to protect a different area of invention. Copyright protects works such as art or music; design protects the physical appearance of a product; trade marks protect the way in which a trader separates himself from his competitors; and patents protect the method by which a product is technically made up and functions. This latter category of intellectual property right can cause considerable difficulty to those applying for protection and those attempting to enforce existing rights. Technology and the associated functions are changing constantly and often being tweaked or altered to meet a new requirement. At what point does this become patentable and distinct from the original technology? This requirement to be innovative in some way is the subject of much debate. Determining when that extra step results in a new protectable technological item is the key to ensuring that the correct items are offered protection. Courts have grappled with the relevant issues in determining whether or not a patent should be protected and when an attack on validity should be successful. Throughout the years, various tests have been forwarded by the courts; however, consistency in relation to obviousness and the concept of novelty and invention have proved particularly troublesome and are often hotly debated in court proceedings. Elements of Patent Law Before determining the way in which the courts deal with the issues surrounding obviousness and novelty, it is first important to gain an understanding of what must be established in order to establish a valid patent, successfully. The basic definition of what is patentable is contained in Section 1(1) of the Patent Act 1977 (the Act). This Act states that in order to be patentable the invention must be new, must involve an inventive step and be capable of industrial application. The Act then goes on to consider each of these requirements, in more detail. Section 2 deals with the requirement that the invention is new. This requirement is commonly referred to as the novelty requirement. Section 2(1) states that for an invention to be novel or new it must not form part of the state of the art. Section 2(2) goes on to consider what state of the art actually encompasses. It defines state of the art as any matter (i.e. product, process, etc. ) that has previously been made available to the public by either a written or oral description. Simply put, if the invention has already been made available to the public, it is not going to be eligible for patent protection. When determining whether or not an invention is new or novel, the issue of whether or not it has been made available to the public will become central. The invention, in order to be considered in the public domain, must have been disclosed to at least one member of the public, who could if he wished use the information freely and the disclosure had to be sufficiently enabling. Sufficiently enabling means that the information contained must be such that someone who has a reasonable level of skill in the area to which the invention relates would be able to implement and make use of the disclosure. The disclosure must be in relation to one document (or one document with several others interlinked) and cannot simply be disclosure obtained from a mosaic of documents. There are exceptions to this rule in relation to disclosure that allow a patent still to be established where the disclosure has been made within six months of the patent application and has been done in confidence. Pulling these factors together, it is clear that the need for novelty insists on the patent being completely new and innovative. Although, based on the mosaic rule, the collection of previous documents and information to create a new invention will not be barred from receiving patent protection. The Issue of Novelty From looking at the above breakdown of what an individual has to prove in order to establish a valid patent, it is clear to see that the issue of novelty is central to most patent decisions. The Section 2 requirement for novelty contained in the Act is a corresponding provision of Articles 54 and 55 of the European Patents Convention (1973) (EPC). As a general rule, an invention is not novel if the amalgamation of features has already been anticipated in a previous disclosure. This point was considered in detail in the case of SmithKline Beecham Plcs Patent [2006] RPC 10. In this case, it was held that for there to have been that degree of anticipation, there must firstly have been a disclosure and there must secondly have been the element of enablement. That is, based on the disclosure, the suitably skilled individual receiving the details of the process would have been able to replicate the process disclosed. Pulling together both of these elements will allow the court to decide whether or not the patent before them is novel or not. Let us first consider the element of disclosure. When it comes to determining whether or not the specific invention has been previously disclosed, the question is not whether the prior disclosure was for an item of similar utility, i.e. it does not necessarily have to solve exactly the same problem as the current invention. In deciding this matter, courts have stated that in order to be a conflicting patent, the situation previously disclosed must be so close to the new invention that the utility gained by the new invention would be a practical certainty. This suggests that in order to establish a valid objection to a patent application on the basis of a prior disclosure, it would have to be shown that the prior invention was inextricably linked in terms of function to the new invention. Therefore, even if something similar has been previously disclosed, provided it is not close with the degree of inevitability that is required, the patent application will not necessarily fail on the basis of not being novel. A general disclosure of a possible process does not impact on the novelty of an invention; however, where there is a series of processes, each individual process could be the reason for a future patent application failing, due to lack of novelty. Secondly, there is the element of enablement. This means that whatever has been disclosed must be sufficient for a person, skilled in the relevant art, to copy or replicate the process or invention. This enablement provision should be thought of separately to the disclosure, as in the case of disclosure the information must be sufficient for a skilled individual to understand the disclosure. For the purpose of enablement, the skilled person must be capable of actually utilising or at least trying to utilise the relevant invention. When it comes to determining whether or not the invention is novel, therefore, several issues need to be considered. It is not simply a matter of determining if something similar has ever been made public. It must have been made public with sufficient clarity as to allow the invention to have been understood and put into effect by another third party. The patent, therefore, in order to gain protection, must offer a solution to a situation that has not been possible to achieve before and not simply a fanciful possibility of a solution given enough further experimentation. As stated in the case of General Tire Rubber Co. v Firestone Tyre Rubber Co. Ltd, the disclosure must contain clear and unmistakable directions to do what the patentee claims to have invented. Pharmaceutical Application The pharmaceutical industry as a whole has been one of the most litigated and dynamic areas in relation to the test of novelty. The recent case of Actavis UK Limited v Merck Co. Inc changed the way in which UK courts look at the test of novelty in relation to medical products. Prior to the Actavis case, it was thought that a new dosage or way of taking a particular drug could not be seen as novel; this has now been reversed by the Court of Appeal. In this case, it was held that a new regime for taking medicine could constitute a novel invention for the purpose of obtaining a valid patent. Furthermore, the court dealt with the issue of obviousness, stating that it had to be obvious at the date of priority, not before or after, to defeat the patent, on this basis. The leading case of Merrell Dow v. Norton and Penn, commonly referred to as the Terfenadine decision, held that when looking at a pharmaceutical process the definition of new had to be applied to the actual processes and not to a new result or outcome. In this case, it was held that although Merrell had discovered a new reaction from Terfenadine, it was not novel as the composition had previously been disclosed to the public (albeit not for that specific purpose). This produces an interesting position. Based on this judgment, it would seem that whether or not the process or invention produces a solution for a previously unsolvable issue is irrelevant; the issue is whether the actual matter itself has been disclosed. The focus of the test is on the physical items and not on the resulting outcome. Bearing this decision in mind and the way in which the courts have chosen to deal with pharmaceutical claims, it would seem impossible to conclude that the issue of patentability is based purely on finding a solution for a technical problem that could not be solved before. Obviousness This leads us on to consider how important the actual resulting process or invention is to the determination of whether or not it is patentable. Aside from the requirement of novelty, the process or invention must involve and innovative step. This has been interpreted to mean that the invention would not be obvious to someone skilled in the art when presented with the relevant matter. One of the ways in which this test has been interpreted is to consider whether or not it fills a gap in the market, thus becoming an immediate business success. If this is the case, it is more likely that the invention would be seen as non-obvious and, therefore, patentable. The requirement for this inventive step is contained in Section 3 of the Act. Deciding on what exactly is obvious and what is not has been a matter for the courts. In the case of Windsurfing International Inc. v Tabur Marine (Great Britain) Ltd, the main test for obviousness was laid down and remains the starting point for judges when deciding whether or not the invention is obvious. It was held that the court should take a four stage approach. Firstly, it should look at the inventive step itself in isolation, i.e. separating it from any supplementary aspects of the invention. Secondly, once the court is clear what the inventive step in question actually is, it should put itself in the position of the common person, skilled in the relevant art with the knowledge that was available at the date of priority. Thirdly, the court needs to consider the difference between what is known by the common man and what the invention professes to display. Finally, the court needs to determine whethe r the step between what is known and the invention would have been obvious to the common man. For example, in the case of Sabaf SpA v. MFI Furniture Centres Limited and others, the House of Lords considered the issue of whether the gas burner in question was obvious. In this case, the argument that Sabaf was presenting to the court was that its patent for a gas burner had been infringed. The respondents (MFI and others) claimed that they were using a new invention as it was, in fact, the combination of two inventions that had generated their specific gas burner. The crucial point here was that it was not possible to take two existing inventions and put them together to establish a new invention, where this new invention would be the obvious product of the two original inventions. The test for being obvious seems to be reasonably wide with the court requiring a definite inventive step and not simply a natural progression, even if the natural progression is novel. Conclusions The area of patent law and, in particular, determining whether or not an invention is novel and / or obvious is by no means clear. The courts take a very individual approach to each case as it is presented to them based on the individual facts. Despite this, it seems that both elements, i.e. novelty and obviousness, remain instrumental. It is not true to say that provided an invention is novel it does not matter whether or not it is obvious. The courts have widened their view of obviousness but not so far as to remove it entirely. Therefore, if the patent in front of the court fails the test of obviousness and a person skilled in that specific area could have also established the invention it would fail, regardless of how novel the invention turns out to be. Both tests must be suitably established in order to gain patent protection. Producing a solution to a problem is highly important to the decision, but it is not the only deciding factor. The issue of obviousness simply cannot be ignored. Bibliography (14 required) Bagley, Margo A. , Patent First, Ask Questions Later: Morality and Biotechnology in Patent Law, William and Mary Law Review, Vol. 45, 2003 Bainbridge, David I. , Intellectual Property, Pearson Education, 2006, Pages 374 407 Colston, Catherine, Principles of Intellectual Property Law, Cavendish Publishing, 1999, Pages 86 105 Cornish, William Rodolph, Vaver, D. , Bently, Lionel, Intellectual Property in the New Millennium: Essays in Honour of William R. Cornish, Cambridge University Press, 2004, Pages 91 95 Grubb, Philip W. , Patents for Chemicals, Pharmaceuticals, and Biotechnology: Fundamentals of Global Law, Practice, and Strategy, Oxford University Press, 1999 Hodkinson, Keith, Protecting and Exploiting New Technology and Designs, Taylor Francis, 1988, Pages 32 71 Johnston, Josephine, Wasunna, Angela A. , Patents, Biomedical Research. And Treatments: Examining Concerns, Canvassing Solutions, The Hastings Center Report, Vol. 37, 2007 Karet, Novelty under English Law. Appeal in Merrell Dow v Norton 16(5) European Intellectual Property Review 204, 1994 Muir, Ian, Brandi-Dohrn, Matthias, Gruber, Stephan, European Patent Law: Law and Procedure under the EPC and PCT, Oxford University Press, 1999 Patterson, Mark R. , Contractual Expansion of the Scope of Patent Infringement through Field-of-Use Licensing, William and Mary Law Review, Vol. 49, 2007 Pressman, David, Patent It Yourself, Nolo, 2008, Pages 15 20 Taylor, Christopher Thomas, Silberston, Aubrey, The Economic Impact of the Patent System: A Study of the British Experience, CUP Archive, 1973, Pages 12 23 Thomas, John R. , Litigation beyond the Technological Frontier: Comparative Approaches to Multinational Patent Enforcement, Law and Policy in International Business, Vol. 27, 1996 White, The Novelty-Destroying Disclosure: Some Recent Decisions 9 European Intellectual Property Review 315, 1987

A Comparison of Special Education Philosophy, Policies an Dpractice Essay

The focus of this study is to compare the educational philosophies, policies,and practices between Malaysia and Japan, with regard to the education of children with special needs. Malaysia and Japan have some common historical experiences in that both countries were involved in the Second World War, both were colonised and given independence by Anglo-American powers. Geographically they are both in Asia. A significant difference between the two countries is the homogenous nature of Japan’s population and the pluralistic multicultural, multi lingual, multi ethnicity and religions of Malaysia. Japan is a developed and industrialised country whereas Malaysia is developing and targeting to be an industrialised one. Japan’s population of 127 million dwarfs Malaysia’s 29 million. It is needful to examine the set up of other countries, discover the root of the problems and analyse their solutions so as to better understand one’s own education system, avoid mistakes made and adopt suitable models accordingly. Hence, in this comparative study, an Asian country was chosen over an Anglo-American one, because Japan and Malaysia are both culturally group-oriented, power concentrated, inclined to be replicative and relationally holistic. As such it is probably easier to relate to contextually in matters relating to adapting globalised best practices in a culturally sensitive way. This paper seeks to look at the special educational policies and philosophies of both countries, study their practises, identify key issues and challenges faced, and to discover possibilities for mutual exchange, growth and development. There has always been a personal interest in Special education probably from parental influence and also from exposure to special people at a very young age. The increasing awareness of Special Education in Malaysia can undoubtedly be attributed to regular reporting by the media and the escalating pervasiveness of information technology available to the masses. In recent years, Special Education has given more attention to a wide range of learning difficulties, including dyslexia, autism, attention deficit hyperactivity disorder [ADHD], Asperger’s syndrome and so on, with focus somewhat moving away from visual, hearing impairment and physical, mental impairments. This is probably because in most developing and developing countries, visual and hearing impairments have already well-established special educational practices. For example, Special schools where various learning aids, such as sign language, Braille and magnified letters are used to accommodate the students’ teaching and learning needs. Some countries such as Japan and the United States of America (USA), have advanced to providing not only basic education but also pioneering tertiary education for the visually and hearing impaired. Different forms of learning difficulties have emerged over the past 25 years and are probably still emerging. In the past, these special needs (learning difficulties) were all classified under mental retardation, but as discoveries continue to be made and learning difficulties are classified differently, statistics show that mental retardation worldwide has dropped considerably. As these conditions are discovered and researched, some theories about these conditions change and some evolve due to these theories being challenged or disproved and new theories being proposed. For example there is a wide range of autism, from highly-functioning to deeply autistic. Some children who were diagnosed as autistic ten years ago, are now discovered to have Asperger’s disorder. Disorders along the Autism Spectrum Disorder (ASD) continuum include autism, pervasive developmental disorder, Rett Syndrome (American Psychiatric Assocciation, 1995) and Asperger’s disorder. Since ASD exists along a spectrum, intervention especially communication intervention must be highly individualized ( Schreibman, koegel, Charlop, & Egel, 1990), thus intervention-wise, a child with Asperger’s Disorder is to be regarded quite differently from an autistic child. The field of special education has seen growth that has been unprecedented and it is likely to continue with more contemporary curricula, programmes, materials and resources evolving at a rapid rate, driven by a developmental theoretical perspective. In response to the increasing number of children diagnosed with special needs and especially that of learning difficulty, it is imperative that policies, philosophies and practice of special education need to be redefined, reviewed and refined to cater for the development and nurture of these children. Common special needs include challenges with learning, communication challenges, emotional and behavioral disorders, physical disabilities, and developmental disorders. There are many famous personalities who have special needs and disabilities but have excelled in sport, fine arts, physics and in the music and movie arena. Olympic swimmer Michael Phelps made history by breaking records and winning eight gold medals. He also inspired thousands by speaking candidly about having ADHD. His mother has also been very public about telling their story. Professor Stephen Hawking, a renowned Physicist, is a well-known example of a person with multiple neurone disease who has against all odds, succeeded in life. Hawking cannot walk, talk, breathe easy, swallow and has difficulty in holding up his head. He could have well been classified as mentally retarded and severely physically handicapped and discharged to a home of the Spastics, yet he defied his doctor’s prognosis of not surviving more than 21 years. Stevie Wonder was born prematurely and as a result, he was never able to see. Wonder stands out as one of the most celebrated American musicians of all time. To his credit, he has won 26 Grammys and an Academy Award. This has earned him rightful standing in the Rock and Roll and Songwriter’s Halls of Fame. Phelps was told that he could never focus on anything, Hawking, that he wasn’t an exceptional student and Wonder, that he could never make it in life. They are an inspiration to one and all, both stakeholders and non-stakeholders alike. On this note let us look at Japan. JAPAN [pic] Figure1. 1 Map of Japan For many, the word Japan conjures up mystical Samurais, beautiful, graceful and demure kimono-clad geisha girls, sashimi (Japanese raw fish), beautiful spring apple-blossoms, ancient temples, lightning–fast bullet trains, Toyotas and Hondas, even the Iron Chef competitions and the list goes on; but education is certainly not an image that fills your mind when you hear the word Japan! Japan is an island country located in the Pacific ocean. It’s an archipelago of over six thousand islands, the largest being Honshu, Hokkaido, Kyushu and Shikoku accounting for 97% of Japan’s land area. Japan is often referred to as the ‘Land of the Rising Sun’ because the Japanese characters that make up Japan’s name, Nippon-koku or Nihon-koku means ‘sun origin’. Most of Japan’ s islands are mountainous and many are volcanic which is not surprising as Japan sits on the Pacific Ring of Fire. Mount Fuji is the highest mountain in Japan and an active volcano that last erupted in 1707–08. Japan has a population of 127 million people, ranks the tenth-largest populated country in the world. Tokyo is the capital of Japan with a population of 12 million. It is the Japan’s centre for culture and education and also the nation’s economic and industrial hub. The main language spoken is Japanese and most Japanese are of the Shinto-Buddhism faith. Since 1947, Japan has maintained a unitary constitutional monarchy with an emperor and an elected Prime Minister as head of government, with an elected parliament called the Diet. It is a highly industrialized, developed country and a major world economic power. Japan has the world’s second-largest economy and the third largest in purchasing power parity. It is also the world’s fourth largest exporter and fifth largest importer. It is the only Asian country in the G8 and a current non-permanent member of the United Nations (UN) security council. According to both the UN and World Health Organization (WHO) estimates, Japan has the highest life expectancy of any country in the world, and the third lowest infant mortality rate. History of Education Japan’s education maybe conveniently divided into pre-World War II(WW),post WW II, and modern Japan. On the whole, pre-WWII education was controlled centrally by the government, the education philosophy was guided by the Imperial Rescript Education (1890), Japanese values and Confucian principles were taught and stressed by society. Primary education was available to all but secondary and tertiary studies were elitist and discriminatory. This old system collapsed at the end of WWII and the United States Education Mission (1946) introduced new ideas and structures into the Japanese system such as extending free but compulsory education from six to nine years, higher education became more non-elitist, social studies was emphasized above moral studies, school boards were locally elected as opposed to being appointed under the old system, and teachers unions were formed. In 1952, Japanese sovereignty was restored and many reforms reverted back to the old system; school boards were by appointment, Japanese ideals moral studies were put back into the curricula but the 6-3-3 structure intended at democratizing education remain until today The University Control Law (1969) and other reforms emerged in the 70’s. Education in Contemporary Japan is under the jurisdiction of the Ministry of Education, Culture, Sports, Science and Technology (known also as the Monbukagakusho or MEXT). Three tiers of administration attend to the financial and supervisory educational services; namely the national (MEXT0, Prefectural (upper tier) and municipal (lower tier). There are five levels of schooling in Japan: Preschool which is free to all but not compulsory, Primary and Lower Secondary levels which are free and compulsory, and Upper Secondary and Higher Education which are neither free nor compulsory. The Fundamental Law of Education, the School Education Law and the Social Education Law provide the philosophies, policies and practices throughout the nation. The Japanese value educational excellence at all levels and their education system is thought to be extremely prestigious. Japan is consistently ranked at the top internationally in both Maths and science by the TIMSS (Trends in Interntional Maths and Science Study). Japanese education helps build student motivation. Their philosophy emphasizes effort over ability hence in the Japanese classroom, everyone is taught the same concepts and students are engaged in higher-order thinking skills. Correct answers are withheld and students are presented with material such as puzzles and encouraged to think of as many ways as possible to solve the problem. Fast and slow learners are not separated and advanced students help the less able, cooperation, a sense of belonging and oneness are fostered. This attitude is particularly important when it comes to special children. Special Education in Japan A brief history In 1878, the first special school for children with visual and hearing impairment was established in Kyoto. The first special class for children with intellectual disabilities was set up in 1890 in Matsumoto City, in Nagano Prefecture. To date Japan has 222 and 210 years of history respectively in the area of Special education, a figure to be proud of indeed. The number of special schools and special classes for children with various kinds of disabilities increased favorably until around 1930, but thereafter the WWII devastated special education. At the end of the WWII, the external number of special schools for children with blindness and deafness was still more than 100, but most schools were burned by air raids. In the case of special classes, all were closed except one in Tokyo, at which the children were also moved to rural areas without schools, let alone special classes. Special education had to be reconstructed after the WWII based on the philosophy of democratic education, which was introduced by the educational policy the United States who was then the occupation army. In 1947 compulsory education for primary school and lower secondary schools was introduced. Special education was rapidly rebuilt beginning with visual and hearing impairments schools and classes, followed closely by schools for intellectual disability, physical and health impairment. The development of special education since the end of WWII maybe seen as (1) Development of special schools and special classes. 1947- 1979 (2) Movement of integrated education – 2000 (3) Development of special needs education. – Present day The motto of the Special Needs Education System of Japan (SNES) – Where children with disabilities learn – is bold and apt. Looking at Figure 1.2, it is clear that special-needs children are given due consideration at all levels from pre-school right up to upper secondary school. Figure 1. 3 show that as the degree of disability goes from mild to severe, the children are correspondingly moved from regular classes with team-teaching, achievement-based teaching ,small-group classes, Special Support Service in resource rooms, to special classes and then on to Special Needs Schools. The four categories of special needs, the blind, the deaf, the intellectually disabled, the physically disabled and the health impaired in figure 1. 4, show the ratio of children with multiple disabilities in Special Schools in elementary and lower secondary levels. Due to increasing number of students with multiple disabilities, there is a move away from of schools catering only for single disabilities for example the blind or deaf. Japan has a national curriculum standards for children with disabilities called ‘the Course of Study or Gakushyu-shido-yoryo for schools serving the blind ,the deaf, children with physical and mental disabilities and health impairments. It can be amended when necessary to tailor to specific needs for these children. Parents, school board members and or medical and social personel are consulted in order to determine which curriculum suits the child best, be it one to one teaching, small group teaching, individual teaching plans or inclusive integration onto regular classes. Even when there is profound disability, the child is eligible for education according to their needs. In some cases teachers visit homes or institutitions to provide home tutoring. In major hospitals classes are available for children necessitating hospital treatment. Only 0. 001% of children in Japan are allowed postponement or exemption from school education. Teachers in Special education are required to have a license for special education in addition to their basic teaching license. The NISE provides highly specialized training courses. Local Special Education Centers in prefectures offer programmes to upgrade or learn new skills. Case conferences and Teacher’s study-meetings are conducted at school level. The NISE conducts research such as nationwide surveys to assist in making future national policies with regard to special education. At prefecture level, research and development schools and model schools are present throughout the country. Local Special Education Centers, Colleges and Universities conduct ongoing research on teaching methods to enhance Special Support Education. As part of the 2007 reform, the SNES aims to have schools for Special Needs Education where staff are competent in knowledge and understanding on more than one disability, so that students with multiple disabilties are be accepted and integrated into each local community. By mid 2010, Japan plans to launch their first graduate school for students with visual or aural impairments at the state-run Tsukuba University of Technology, their only University for the deaf. According to the university, it will be the world’s first graduate school for visually- impaired students and the third for hearing-impaired ones, following the footsteps of such schools as Gallaudet University in the United States, Master’s degrees will be offered: Industrial technology for visually challenged students and health science courses for hearing-impaired students. Academia is possible to all, those with special needs and those without, unless there is brain injury and the cognitive abilities are damaged. As the adage goes â€Å"There is no learning disability only teacher inability†. MALAYSIA [pic] Map of peninsular Malaysia and East Malaysia (Malaysian Borneo)Fig 1. 2 Malaysia, is made up of West Malaysia (peninsular Malaya) and East Malaysia (Sabah and Sarawak states) in nothern Bourneo. It is a land of beauty in its diversity, located in the heart of South East Asia, see figure 1. 2 which had for centuries attracted merchants and traders plying the ancient, lucrative spice and silk route between India and China. It is therefore no surprise that Chinese, Indian and Malays are the major contributors to Malaysia’s rich and vibrant cultural heritage, together with the indigenous people. Malaysia is a multi-ethnic, multi-cultural, multi lingual and multi-religious society, known for their warm hospitality, interesting and delicious variety of food and a delightful fusion of cultures making Malaysians attractive and unique. Bahasa Malaysia is the official language, but English is taught as a second language and many Malaysians are tri lingual: proficient in their mother tongue, in Malay and in English. Malaysia is well endowed in natural resources such as minerals,[ mainly tin and petroleum] agriculture and forestry. It is one of the world’s top exporters of natural rubber, palm oil, sawn timber, coca and pepper. Malaysia boasts of rich biodiversity and a wide habitat range, in the Gunung Mulu National Park, and in the Mount Kinabalu district of Sabah. Both have been marked as World Heritage Sites. In 2009 two interesting and historical townships, Malacca and Penang were also given World Heritage status. Today Malaysia is an independent nation state with a parliamentary constitutional monarchy. Kuala Lumpur is the largest city and the capital of Malaysia. It is also the main financial and commercial centre of the country. Malaysia is recognized as an emerging industrialized country with a GDP per capita PPP ranking at 48th in the world and second in South East Asia. For the past 20 years, Malaysia has been on a fast track development drive with measurable physical and economic success. Unfortunately, services and facilities enabling tangible inclusion of People with Disabilities (PWDs) into their communities were not developed in tandem, resulting in Malaysians with Disabilities excluded from enjoying a barrier-free environment and normal enriching independent lifestyle. There is a pressing need to firstly look at the education commitments of Malaysia to the children with disabilities so that indeed the mission of the Ministry of Education ‘To develop a world-class quality education system which will realise the full potential of the individual and fulfil the aspiration of the Malaysian nation† can achieved, and to reach their objectives stated below: – To produce loyal and united Malaysians. – To produce happy, well mannered individuals who have faith, knowledge and vision. – To prepare the nation? s human resource for its developmental needs. – To provide educational opportunities for all Malaysians. HISTORY OF EDUCATION Pre WWII, secular schools were mainly an innovation of the British colonial government, and English-Language schools were considered prestigious at that time. Post WWII, education was mainly aimed to feed the needs of the colonial government though the Malay, Chinese and Indian communities fought hard for their mother tongue to be used as a medium of instruction. Post independence (1957) in accordance to the national language policy, the government began to change English-medium primary and secondary national-type schools into Malay-medium national schools. In 1970, the language change was made gradually starting from the first year in primary school, was completed by the end of 1982. Malaysia’s belief that (NEP),New Economic Policy 1960-1970, the National Development Policy,1071-1990, The first to ninth Malaysia Plan, 1991-2010, ensure adequate funds to the Education sector for the development of the nation’s human resource and capital. It is through this course of action that the Malaysian Education system succeeds in responding to the issues of access, equity, quality and effectiveness of education for all Malaysians in a 6-3-2 structure. Education in Malaysia is overseen by two government ministries: the Ministry of Education for matters up to the secondary level, and the Ministry of Higher Education for tertiary education. Each state has an Education Department to help coordinate educational matters in their respective states, although education is the responsibility of the federal government. The Education Act of 1996 is the main legislation governing education which designates six years of primary education as compulsory. Pre-school is optional and most pre-schools are for profit and privately run. Five years of secondary schooling is not compulsory. For their pre-university studies, students have an option of doing two years of Form six or the Matriculation. Free education is provided from Primary one right up to Form six. A Brief History of Special Education Jabatan Pendidikan Khas (JPK) or the Department of Special Education, from being just a unit in the Education Department was established as a Department in its own right in 1995. It plays a major role in curricula planning and implementing the quality of special education programmes in both the primary and secondary schools in Malaysia. However the programmes for the deaf have a much longer history, the first residential school for the deaf was established in 1954. Interest towards Special Education in Malaysia began in 1920s among volunteers who were involved in the opening of schools for the hearing and visual impaired. The Cabinet Committee Report that studied the Implementation of Education Policy through the Recommendatory 169 was the beginning of a clearer focus and emphasis on the development of Special Education in Malaysia. The recommendatory says that: â€Å"With the awareness that the government should be responsible towards the  education of disabled children, it should then take over all the responsibilities from the organizations handling it currently. Moreover, the involvement of volunteers in developing the education for disabled children is encouraged. † SPECIAL EDUCATION PHILOSOPHY. The MoE Philosophy for Special Education states that ‘Education is given to develop the students physically, emotionally, spiritually and intellectually so that students can be educated to the highest possible level to enable them to obtain employment and live independently’. Programmes are based on the following policies: †¢ Education Act 1996, Chapter 8. †¢ Education Act (Amendment) Act 2002. †¢ Education Regulations (Special Education) in 1997. †¢ Policy Committee decision, the Ministry of Education [Education Planning Committee (SRC), Meeting Management Ministry of Education, Centre for Curriculum Committee (DFA) and Department of Management Meeting Special Education]. International Declarations: †¢ United Nations’ World Programme of Action concerning Disabled Persons (1983). †¢ The World’s Declaration on Education for All (1990). †¢ The United Nations’ Standard Rules on the Equalisation of Opportunities for Persons With Disabilities (1993). †¢ The Framework for Action on Special Needs Education (Salamanca Statement) in 1994. †¢ Biwako Millennium Framework for Action Towards an Inclusive Barrier-Free and Rights-Based Society for Persons with Disabilities in Asia and the Pacific (2002). Three ministries service children with disabilities. They are, the Ministry of Health, the Ministry of Women, Family and Community Development (WFCD) and the Ministry of Education, but education for these children are only under the auspices of the Ministry of Education and the Ministry of WFCD. The Ministry of Education provides educational services for students with special needs who have visual and hearing impairment, learning difficulties, and those needing special remedial help. Learning disorders are categorized as follows: – Downs Syndrome – Mild autism – Attention Deficit Hyperactivity Disorder – Mild Mental Impairment and – Specific learning disabilities (eg. Dyslexia). The Ministry of WFCD provides services for children with the following problems: – severe physical disability – moderate and severe mental retardation – various other defects such as and – defects that do not allow the children to learn in schools provided by the Ministry of Education. Special Education Department’s Vision and Mission JPK’s vision statement is ‘Quality Education Generates Excellence Among Students with Special Educational Needs in line with the National Education System’, with the mission to develop excellent special needs human capital based on a holistic, relevant and quality education system so that there is – Optimum development the individual’s potential – Ability to compete and be marketable. – Moral values as a responsible citizen – Smart partnerships with various parties The Special Education services provided by the Department of Education are: †¢ Special schools for pupils with visual and hearing impaired and learning (secondary). †¢ Special Education Integration Programs for students with special needs and learning disabilities, impaired hearing and sight impaired. The program is available in non-residential, normal primary and secondary schools as well as in Technical/Vocational training (secondary) schools which adopt withdrawal or semi-inclusive approach. Programmes such as the Special Education Integration Programme and the Special Rehabilitation Programmes are fully administered at state levels by the State Education Department, whereas the Integration of Special Education Programs in Technical and Vocational Education is administered by the Department of Technical Education. The Malaysian Education for All Mid-Decade Assessment Report 2000-2007 states that one of the strategies is to expand preschool places for children with special needs from 32 integration classes to 100 classrooms in order to integrate children aged 5-6 with single disability, usually the learning disabled. Expansion necessitates therefore training the necessary preschool teachers and teacher assistants and also the proviso to amend the Special Education Regulations Act 1997 to accept students with two disabilities. UNICEF, working together with the Ministry of Health’s Development Division (MHDD) devised a standardised screening tool in 2006 to improve the early detection of autism amongst toddlers so that early intervention can be instituted. Issues with Sexual and reproductive health for children with special needs are also looked into, in response and recognition of their high risk of sexual abuse and exploitation, because it directly impacts their learning and overall development. ANALYSIS Japan as a leading economic power and highly industrialised country and Malaysia as a developing and emerging industrialised one, have commonalities in that were both affected deeply by WWII, and both were dominated by a foreign power, so it is interesting to see each country recovered, rebuilt and developed post-war and how Special education has evolved since then. Looking at the philosophy with regard to Special Education mentioned earlier on, both Japan and Malaysia are very similar in that both are highly commendable, comprehensive and impressive, subscribing also to many international special-education charters such as The United Nations’ Standard Rules on the Equalisation of Opportunities for Persons With Disabilities (1993). |Mission and Vision of JPK Malaysia |Mission and Vision of the NISEJapan | | |The mission of our institute as the National Institute of | |JPK’s vision statement is ‘Quality Education Generates Excellence |Special Needs Education is to contribute to:Improving the | |Among Students with Special Educational Needs in line with |quality of education for children with disabilities and to | |the National Education System’, with the mission to develop excellent|make educational provision to meet individual educational | |special needs human capital based on a holistic, relevant and quality|needs. We aim to do this by working with the national and | |education system so that there is |government organizations. Our vision is | |- Optimum development the individual’s potential |Research Activities that contribute to National | |- Ability to compete and be marketable |Administrative Needs | |- Moral values as a responsible citizen |-To undertake research that contributes to the formulation | |- Smart partnerships with various parties |of National Policy for Children. | |- Providing education opportunities and facilities for students |Practical Research that contributes to Education | |with special educational needs. |- To undertake advanced and practical research that | |- Providing relevant education to every student with special |contributes to education | |educational needs. |Specialized Programs for Teacher Training | |- Providing opportunity for students with special educational needs |- Provide systematic and special training for the school | |to develop their talent and potential. |staff who plays the role of leadership in special needs | |- Providing sufficient and up-to-date teaching and learning |education from local public organization and support them. | |material. |Training Programs that Respond to New Challenges | |- Ensuring sufficient trained teachers in special education. |- To implement training program for the major issue of | | |National Policy and/or urgent issue at educational site | |- Planning and managing all primary and secondary special schools. |flexibly and promptly. | |- Planning and coordinating all special schools integration program. |Counseling and Consultation that Provide Activities that | |- Planning, coordinating and evaluating policies and regulations, to|Supports Local Public Organizations | |ensure education is well-balanced, to help, service and support |- To conduct consultation and provide the information for | |students with special educational needs and implement the special |counseling and consultation to the organizations. | |education vocational policy. |Provide Information for Special Needs Education | |- Planning curriculum, activities and special education affairs. |-To collect, analyze, arrange and make database of the | |- Providing special education planning, research and evaluation. |information on special needs education from domestic and | |- Providing training plan and staff development; and |overseas and provide comprehensive information to teaching | |- Coordinating Special Remedial Education Program. |site. | | |Cooperation and Partnership with Universities and | | |Organizations in Domestic and Overseas. | | |- to collaborate and cooperate with universities and | | |organizations locally and abroad through seminars, to | | |research, analyze and evaluate the issues, and to share our| | |practical research results in special needs education. | One difference in their philosophy is that when it comes to learning, the Japanese put value and emphasis in effort over that of natural ability, resulting in primary school students being taught in classes that have not been streamlined into good, average or poor students, whereas stream lining students according to their academic performance is practiced by Malaysia and many other countries. It follows then that, if effort is put into the education of a special-needs child, the child can reach its full potential given all the necessary support. This attitude has given Japan an advantage of having an over 200 year history in educating people with special needs, which began with addressing the visual and hearing impaired. The Japanese School Education Law places special education firmly within the framework of the total education system by emphasizing that it is not separate from ordinary education. Japanese special education now officially recognizes seven categories of disability: the blind and partially sighted, deaf and har.

The Physics Of Continuum Mechanics - 763 Words

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Poverty Is A Social Problem - 957 Words

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