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Sökning: hsv:(SAMHÄLLSVETENSKAP) hsv:(Juridik) > Chalmers tekniska högskola > (2005-2009)

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  • Åström, Karsten, et al. (författare)
  • Imitating Private Business in Public Procurement: Swedish "affärsmässighet".
  • 2007
  • Ingår i: Journal of Public Procurement. - 1535-0118. ; 7:2, s. 213-227
  • Tidskriftsartikel (refereegranskat)abstract
    • While implementing the EC Procurement Directives in Swedish legislation, there remains a reference to 'business-like' (affärsmässig) practice as an external system of norms. The problem is that the term a. might contradict non-economic considerations in the award of contracts. Municipal procurement is often managed by professionals with limited legal expertise, and diverging practices are found. In recent years, the term a. has spread to court practice in other fields and even to one act belonging to private law. The term a. appears as a chameleon, since when used in a context of private law, it conveys a sense of transparency and objectivity traditionally associated with the operation of the legal system rather than with private business practices.
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  • Alänge, Sverker, 1951, et al. (författare)
  • “Intellectual Properties: Alternative Strategies to Value Creation in Life Sciences
  • 2006
  • Ingår i: Globelics Conference, October 4-7, Trivandrum.
  • Konferensbidrag (refereegranskat)abstract
    • Intellectual properties (IP) has not been an important issue when discussing development in poorer countries in the South. One reason is that the patent system, which is one essential component of IP, was developed based on needs of the industrialized countries to stimulate and protect their innovators. Consequently, the share of patents granted to developing countries during the past 15 years has been almost negligible. However, both among academics and policy makers there is a growing awareness that IP could become important for development in the South. First, the legal infrastructure and its practice, such as ownership rights and intellectual properties can be of great importance, including using properties as capital for financing investment in innovation. Second, there is also a growing interest in IP because of the market potential of innovations based on the bio-diversity assets. Part of this potential could be developed based on what indigenous people already are aware of, which poses specific questions on rights and ownership. In some countries in the South there has been a non-patenting tradition as a response to the difficulty to protect local knowledge. Scholars looking at the issue from an academic standpoint suggest publishing as a general strategy of protection of ideas from the South. Also within the framework of WIPO, there have been discussions on the role of IP in the South, including creating special conditions for the South, e.g. to promote free sharing of IP among developing countries (PIPRA) while at the same time protecting this IP from the competition from the North. Another issue is if it is ethical to protect foreign innovators rights in a developing country, as it blocks imitation, which could be a viable road towards development for countries in the South. Especially, the strong conflictive dimensions of bio-innovation systems for the South have been emphasized, e.g. the very weak attention by the international biomedical research a genda to ‘illness of poverty’, the difficulties to enforce norms that protect the environment and the bio-diversity, and the discussions about IP rights concerning use of biological knowledge.In the industrialized world there is a new trend, which closely combines intellectual property with entrepreneurship – particularly within knowledge-based industries such as internet-/software-based and life sciences. Knowledge-based innovation, through start-up of new firms or renewal of existing firms, is also an important strategy for development in some countries in the South. However, in many countries the structures for intellectual properties are very weak, and the understanding both within industry and university is limited. In addition, the law enforcement is practically non-existent which even more limits the interest of the industry and university to use intellectual properties for value creation. The paper analyzes the status of intellectual property in two Latin American countries and discusses alternative strategies for promoting and protecting knowledge on national as well as on university and company levels, with specific reference to the situation for life sciences.The discussion primarily refers to the situation in Latin America, and more specifically to two of the poorest countries in the region in terms of economic development, Bolivia and Nicaragua. These two countries are however simultaneously immensely rich when it comes to bio-diversity. The analysis is based on 110 interviews with representatives for different stakeholders, such as industry, government, university, financial sector, NGOs, patent offices. With this analysis as a base, the paper presents alternative strategies for promoting and protecting knowledge in order to make it available and utilized on markets (to make business from or trade) and by society. The necessity of developing different and complementary strategies to satisfy needs from different stakeholder perspectives is emphasized, e.g. for indigenous populations, local and international business, universities and society. The paper concludes that there is not one answer to the question on how to create value from indigenous knowledge, and there is not one strategy that fits all possible applications. Instead, there is a need of developing competence in analyzing and selecting among different strategic alternatives, including the use of IPRs. This competence development includes intellectual assets management and intellectual property management, which today both are weak in countries in the South. However, for value creation based on biodiversity and bioscience, there is also a need of developing capabilities in the area of intellectual capital management, which can be seen as a very big step, but a necessary step in order to take part in value creation in an interconnected world, where economic development to an increasing extent is dependent on knowledge based industry.
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  • Teppayayon, Orada, 1972, et al. (författare)
  • Broadband Universal Service: A Future Path for Europe?
  • 2009
  • Ingår i: International Journal of Networks and Economics. - 1754-2316. ; 1:3, s. 275-298
  • Tidskriftsartikel (refereegranskat)abstract
    • This paper provides an overview of the current state and trends of universal service with focus on broadband access in the European Union. First it presents a brief market overview of broadband, and briefly defines the USO concept. Next an historical overview is given of the universal service concept in the European legislation, with particular attention to early initiatives and discussions related to the implementation of a possible B-USO. The paper emphasizes that the current discussion on a future B-USO has long-standing antecedents, going back to the 1987 Green Paper. It also analyzes the previous USO review, carried out in 2005-2006, and summarizes views from stakeholder and member states. The prospect of a B-USO must however be seen in the context of other initiatives and emphasis on broadband as a means to achieve a more dynamic European economy, and therefore various policy initiatives related to broadband are summarized. The paper will also offer some issues to consider for a broadband USO, from a general standpoint. As a conclusion, the paper will identify selected issues in implementing such a regulation.
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  • Teppayayon, Orada, 1972, et al. (författare)
  • Broadband Universal Service: A Future Path for Europe?
  • 2008
  • Ingår i: Conference proceeding: the conference on The Public/Private interplay in Next Generation Communications, 10-12 December, 2008, Sevilla, Spain..
  • Konferensbidrag (refereegranskat)abstract
    • The phenomenon of broadband penetration growth which could be observed over time has increased year by year. Today, broadband is increasingly becoming an issue for universal service in advanced economies. Switzerland has been the first country to include broadband connections as part of the universal service obligation, since 1 January, 2008, although at modest speeds, and with some exceptions. In the United States, the Federal-State Joint Board on Universal Service has urged the FCC to consider including broadband as part of universal service. In Europe, , the recent EC communication on universal service specifically suggests for the European Union to analyse and discuss broadband as part of the future universal service obligation. In many OECD countries there have also been targeted broadband support programmes for rural and disadvantaged areas for a number of years. The list could be made quite long, and includes countries such as Australia, New Zealand, Korea, Turkey, Czech Republic, Sweden, Norway, Ireland, Scotland, Spain, the United States, and many more. These programmes have typically involved support for construction of broadband infrastructure, either as direct state aid or as partial contributions from applicable universal service funds. The growing number of targeted broadband support programs raises the question if and when it will be possible to expand broadband into a universal service obligation (USO). Against this back-drop, this paper will provide an overview of current state and trends of universal service with focus on broadband access in European Union. First the paper will provide a brief market overview of broadband, and also briefly define the USO concept. The paper will then provide an historical overview of the universal service concept in the European legislation, with particular attention to early initiatives and discussions related to the implementation of a possible B-USO. The paper will emphasize that the current discussion on a future B-USO has long standing antecedents, running back to the 1987 Green Paper. The paper will moreover analyze the previous USO review, carried out in 2005-2006, and summarize views from stakeholder and Member States. The prospect of a B-USO must however be seen in the context of other initiatives and emphasis on broadband as a means to achieve a more dynamic European economy, and therefore various policy initiatives related to broadband are summarized. The paper will also offer some issues to consider for a broadband USO, from a general standpoint. As a conclusion, the paper will identify selected issues in implementing such a regulation.
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  • Teppayayon, Orada, 1972, et al. (författare)
  • Functional Separation: Next Step of Improving Broadband Competition?
  • 2009
  • Ingår i: Conference Proceeding; the ITS Regional Conference, Perth, 16-18 August, 2009.
  • Konferensbidrag (refereegranskat)abstract
    • The issue of functional separation is being debated as a new proposal fortelecommunications regulatory framework in the EU. Although this issue has been discussed andimplemented in many countries, each country may not have the same procedure and outcome.This paper will therefore provide theoretical considerations of functional separation by starting fromthe idea of vertical integration. Pros and cons of implementing functional separation will also beprovided. The paper will present the evolution and development in the Swedish market, in particulardiscussion during the legislative process of proposing mandatory functional separation as one ofthe powers of the Swedish telecommunications regulator. The paper concludes with a discussion ofthe implementation of functional separation in general and in the Swedish broadband market, withimplications for other countries.
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