| 31. |
- Nguyen, Tu
(författare)
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Competition law in technology transfer under the Trips agreement
- 2007
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Licentiatavhandling (övrigt vetenskapligt/konstnärligt)abstract
- The TRIPS Agreement allows WTO members to appropriately enact and apply national competition law to address IPR-related anti-competitive practices. However, application of national competition law to anti-competitive restraints in technology transfer agreements and to abuses of refusal to transfer technology varies from developed countries to developing countries and even between developed countries. Developing countries currently under-enforce their competition legislations in this area while they are net importers of technology. Although they have to comply with high standards of IPR protection, they seem not to use competition law-related flexibilities under the TRIPS Agreement to promote dissemination and transfer of IPR-intensive technology from developed countries. Therefore, to protect benefits of developing countries in globalization of IPR protection, competition rules under the TRIPS Agreement should be reasonably detailed and enforced in developing countries. However, in any event, national competition law is antitrust, neither anti-IPR nor anti-trade. The research, accordingly, has two purposes. The first is investigating competition law in international technology transfer under the TRIPS Agreement with experiences from developed and developing countries. The second is drawing implications concerning these legal issues for developing countries, in which Viet Nam is a focus.
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| 32. |
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| 33. |
- Pavlovskaia, Evgenia
(författare)
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The Use of Sustainability Criteria : In the Case of the EU Legislation on Biofuels in the Transport Sector
- 2016
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Licentiatavhandling (övrigt vetenskapligt/konstnärligt)abstract
- In the licentiate thesis, it is researched and analyzed how sustainability criteria may be used in a legal framework, with the purpose to promote and safeguard sustainable products and their production. The research and analysis are conducted on the basis of the EU approach to use sustainability criteria for biofuels in the transport sector, legally expressed in Directive 2009/28/EC, and its amendments in Directive 2015/1513. The licentiate thesis is presented in the form of a compilation. It includes five independently written and published in international journals papers, which deal with different aspects of the researched problem, and the “main body” of an analytical and summarizing character. The “main body” of the licentiate thesis provides answers to the purpose of the research and its supplementary objectives, which are formulated in the introduction.The results of the research indicate that sustainability criteria, if not designed, implemented and enforced in a satisfactory manner, may miss their aim, and even lead to negative effects. For example, they may fail to guarantee the sustainable quality of the product they address. They may result in substantial economic and administrative losses. They may cause conflicts with other laws, agreements, and the regulations of the World Trade Organisation (WTO). They may lead to unforeseen side-effects that are difficult to steer. Mechanisms promoted to control the fulfillment of sustainability criteria may fail in their function, and result in unwanted complications and insecurity. Regulations aimed to support the implementation of sustainability criteria may be difficult to follow for an average producer. However, the positive potential of using sustainability criteria in legal frameworks is high. The performance of this legal tool depends much on individual conditions in each particular case. Some general patterns for the use of sustainability criteria in legal frameworks may be worked out. Thus, the aim of using sustainability criteria should be explicitly formulated. It is advisable that this aim is connected to how the concepts sustainable development, sustainability and environmental protection are interpreted in the industry sustainability criteria are made for. The scope of issues that sustainability criteria regulate, in compliance with the formulated aim, should be clearly outlined. A quantitative environmental goal that reflects in what amounts the sustainable product should be manufactured, without damaging the environment, may be established.Sustainability criteria should not be seen as the only possibility for dealing with environmental challenges. There is a variety of other legal means and governance approaches that may be used with similar purposes, such as eco-labels and eco-design of products. Sustainability criteria should rather be treated as an alternative solution, which may be used in combination with them or alone. The outcomes of the research may be shared by industries and countries that wish to use sustainability criteria. The ideas developed in the licentiate thesis may be interesting not only for legal scholars and practitioners of law, but also for representatives of natural and sustainability sciences. It is valuable to continue and deepen the research on sustainability criteria, for example by adding elements of a comparative analysis.
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| 34. |
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| 35. |
- Stefan, Ioana
(författare)
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Exploring Tensions between Appropriability and Openness to Collaboration in Innovation
- 2017
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Licentiatavhandling (övrigt vetenskapligt/konstnärligt)abstract
- Researchers, policy makers and practitioners alike have in recent years acknowledged a growing tendency towards opening up the innovation process by combining internal organizational assets with external actors’ resources. However, opening up the innovation process usually also entails revealing ideas, which may result in misappropriation. The purpose of this thesis is to investigate tensions related to the openness-appropriability relationship; this is done in three studies. The first study concerns a specific contextual factor that is likely to stress the openness-appropriability tensions: the location of external partners in innovation. The second study relates to the way managing openness-appropriability tensions affects performance, and the third study involves a theoretical discussion about the nature of the tensions occurring in the openness-appropriability relationship, i.e. paradoxical, dilemmatic, or dialectical. The first two studies apply quantitative methods, using survey data, while the third is a conceptual paper. The findings from the first study indicate that the use of different groups of appropriability mechanisms varies across various types of openness and that the location of external partners in innovation refines these linkages even more. The second study’s main takeaway is that the higher appropriability intensity, i.e. the extent to which appropriability mechanisms are put into practice, explains higher performance outcomes. The third study suggests that the tensions between openness and appropriability are more likely of paradoxical nature. From a theoretical perspective, findings indicate that paradoxical tensions between openness and appropriability may have a spatial dimension, and that these tensions should also be investigated in regards to performance. Managerial implications point out that opening up to innovation partners located abroad is likely to require more costly appropriability mechanisms.
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| 36. |
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| 37. |
- Weber, Nina
(författare)
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Regulating energy use in existing buildings - two models for legal implementation of energy use reduction measures
- 2012
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Licentiatavhandling (övrigt vetenskapligt/konstnärligt)abstract
- This thesis investigates how regulatory instruments, and specifically requirements rules, targeting energy use in existing residential buildings could be made part of the forceful intervention that is required to reduce the use of energy in existing residential buildings. Two approaches to the design of requirement rules are analyzed: a detail-steering approach and a target-oriented approach. The two approaches highlight different ways of approaching the issue of energy use in buildings and they are feasible for highlighting potential implications of different ways of steering.
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