Aug 16-31, 2021 - Vol 2, Issue 4
INDIA NEWS
EDUCATION
SMART Program Distinguished Oration, “Bush to Baggy Green”, by Matthew Hayden AM A report by Ms Anushka Saxena, SMART intern
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n 9 August, 2021, the O.P Jindal Global University Centre for India-Australia Studies (CIAS), in collaboration with the Institute of Australia-India Engagement (IAIE) and India News, organised the distinguished oration by Mr. Matthew Hayden AM, former Australia cricketer, on “From Bush to Baggy Green”. The lecture focused on the experience of Hayden, and his views on the India-Australia relationship. Mr. Hayden was introduced by Prof. (Dr.) C. Raj Kumar, Founding Vice Chancellor of the Jindal Global University in his welcome remarks, followed by the introductory remarks by Dr. Ashutosh Misra, CEO of IAIE. The event was moderated by Prof. Shaun Star, Associate Professor and Dean at the Jindal Global Law School and Director for CIAS. Over 160 participants had registered for the event including students, sport enthusiasts, strategic analysts, academics, research scholars, and the SMART Interns in the JGU-IAIE-India News SMART programme, among others. Hayden began the discussion by talking about his experiences in his cricketing career, and with fellow cricketers, cricket officials, coaches and fans. He talked about how India and Australia play on the opposing sides of the field, each vying for a win, while trying their best to preserve the spirit
and the essence of the sport. He talked about how sports are free of discriminatory practices and are transcendental and based purely on talent. He then shared an anecdote on his interactions with the ICC umpire Alim Dar, who taught him to be humble in all his glories. Hayden also shared anecdotes from his childhood, citing that he aroused an interest in playing cricket at a very young age. He humoured the audience by talking about how he played cricket with his brother, and since he didn’t own any television growing up, he would sneak up to his roof even on freezing days to listen to the games’ broadcasts on radio. A lesson that Hayden imparted to the audience that we must learn how to be good losers before we can be successful. He discussed his journey towards becoming a 30-time century scorer, explaining that it was filled with hours of gruelling practice, long travels to practice, and multiple attempts at getting into the national test team before scoring his first century. He emphasised that sports like cricket require a “step-by-step” approach, beginning with a resilient attitude and a sense of appreciation for others’ successes before one’s own. Next, he highlighted the significant relationship between ability and belief. He stated that God gives each individual a certain ability, and it depends
on the individual’s belief in themselves that can transform their ability into something bigger. This belief is not just physical, but also mental, said Hayden. He shared an anecdote from his own life, quoting a conversation he had with the legendary Rugby League coach Wayne Bennet, who said to him, “Whatever you do in life, don’t get bitter, just get better”! For him, it was a revelation in the importance of an honest, improvement-oriented mindset that focuses on mastery over change. Bennet advised Hayden to learn to rejoice and appreciate other’s successes and he will start refining his own personality and improve his cricketing performance. Hayden also argued that a cricket player has to face criticisms, defeats and more, and the only possible way to successfully do that is to embrace oneself in every form. Accept your failures and negativities he says if you want to improve. Mental surety is another significant factor in this regard - something that Hayden said to have implemented in his own life beginning with the 2001 IndiaAustralia test match (Chennai), which led to the metaphorical “launch” of his career. In his final arguments, the speaker stated that life shouldn’t be about defining, but about refining. He emphasised on diversifying one’s experiences,
Matthew Hayden concluded his comments by sharing his experience of being out of the Australian cricket team for seven
years; a time when he learnt the importance of the phrase “get busy living or get busy dying.” He made the best of his timeout, by travelling, playing county cricket in England, and learning to control his mind using positive emotions. The session concluded with an interactive Question-Answer round, wherein Hayden answered with great patience questions from the audiences on topics such as his experiences and conversations with Justin Langer (coach of the Australian men’s cricket team), his lifestyle on and off the field, the impact of COVID-19 on cricket, and the best lessons to learn for the postpandemic landscape of sports. The webinar came to a close with the vote of thanks by Prof. Shaun Star.
AI as inventor: Recent Australian court decision setting a new norm Tanya Goel
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an our creations create further? Can they be provided the right of entrepreneurship and the corresponding protective rights for intellectual property? On August 4, 2021 this question was delved into in detail in the Australian Federal Court. In the case of Thaler v. Commissioner of Patents, the court ruled that Artificial Intelligence systems can legally be identified as “inventors”. Now, patents can be granted to AI-created inventions under the Australian Patents Act. The Court ruled an expansive reading of the Act to interpret that an “inventor” is not restricted to a human being, but can be read to include any agent of invention, inclusive of non-human actors relying on the lack of a definition that necessitated personhood. It was further stated that there is no real aspect in patent law that requires as such a need to be cognisant of moral rights – making the legitimization of a non-human inventor under law viable. The judge serving the decision
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and investing in connections at personal, organisational, governmental and national levels. Taking the opportunity to connect with as many people as possible, while letting healthy human emotions lead the interactions, is an essential part of life, he argued. He emphasised on commitment to passionate projects that drive change, and on using navigate feelings and emotions to make humanity better. He expressed his pride in representing Australia in his economic, cultural, social and sporting interactions with India and Indians. He urged the audiences to have a deep sense of purpose and connect, and to not let anything, like one’s career, define them, especially in sports.
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expounded that not allowing this inventorship to be granted could be inhibiting innovation in all scientific fields, which could otherwise benefit from the work of artificial intelligence systems. On the outset, it seems like a ground-breaking decision that not only reimagines intellectual property law, but also places Australia on the map as the first country to do so. However, the responses to it have been mixed, and rightfully so - such a precedent from the Federal Court impacts not only substantive law but also procedural law, and its implementation must be carefully considered. Questions such as who becomes the beneficiary of the sale/payments arising out of the invention – the AI or the creator of the AI; who represents/ answers in Court in a dispute where the ‘inventor’ is sued, and so on, come to the forefront. This decision also implies that there is a huge possibility that soon there would be an increased number of patents leading to pendency, provided machines – which can invent in permutations and combinations quicker
than humans – are granted patenting rights. This could act to discourage invention due to the now incredibly long and expansive arm of the law. These issues are just the tip of the iceberg. While this ruling is a promising one, for it to be truly adopted freely, further adjudication and judicial interpretation must be carried out. Such a defining decision should be immensely debated upon before it begins to chart its unforeseeable trajectory.
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