Compulsory licensing of standard-essential patents and injunctive relief as abuse of dominant position in violation of Article 102 TFEU

When a dominant undertaking holding a standard-essential patent uses its exclusive right to the IP to seek injunctions against those wishing to produce either de jure or de facto standard compliant products, it creates a conflict between the exclusive right to the use of the IP on the one hand and the possible abuse of dominance due to the exclusionary conduct on the other. The aim of the thesis is to focus on the issues concerning abuse of dominance in violation of Article 102 TFEU when the holder of the standard-essential patent seeks an injunction against a would-be licensee. The thesis is mainly based on the most recent ECJ case law in Huawei and the Commission���s recent decisions in Samsung and Motorola. The case law in Europe prior to those decisions was mainly focused on the German case law from Orange Book Standard which provided IP holders great leverage due to the almost automatic granting of injunctions against infringers. The ECJ in Huawei set out the requirements for when a de jure standard-essential patent holder would not be violating Article 102 TFEU when seeking an injunction, requiring that negotiations in good faith must take place prior to the seeking of the injunction and that all offers must comply with FRAND terms, thus limiting the scope of case law derived from Orange Book Standard in Germany. The ECJ chose not to follow all of the reasoning the Commission had laid out in Samsung and Motorola which provided a more licensee-friendly approach on the matter, but rather chose a compromise between the IP holder friendly German case law and the Commission���s decisions. However, the ECJ did not disclose how FRAND terms themselves should be interpreted, but rather left it for the national courts to decide. Furthermore, the thesis strongly argues that Huawei did not change the fact that only vertically integrated IP holders who have made a FRAND declaration are subject to the terms laid out in Huawei, thus leaving non-practicing entities such as patent trolls and entities that have not made a FRAND declaration outside its scope. The resulting conclusion from the thesis is that while the ECJ in Huawei presented new exceptional circumstances for when an IP holder could be abusing its dominant position when it seeks an injunction, it still left many more questions answered, such as the meaning of FRAND and whether deception in giving a FRAND declaration is prohibited under Article 102 TFEU or not.

The Connectivity of Musical Aptitude and Foreign Language Learning Skills: Neural and Behavioural Evidence

Given the structural and acoustical similarities between speech and music, and possible overlapping cerebral structures in speech and music processing, a possible relationship between musical aptitude and linguistic abilities, especially in terms of second language pronunciation skills, was investigated. Moreover, the laterality effect of the mother tongue was examined with both adults and children by means of dichotic listening scores. Finally, two event-related potential studies sought to reveal whether children with advanced second language pronunciation skills and higher general musical aptitude differed from children with less-advanced pronunciation skills and less musical aptitude in accuracy when preattentively processing mistuned triads and music / speech sound durations. The results showed a significant relationship between musical aptitude, English language pronunciation skills, chord discrimination ability, and sound-change-evoked brain activation in response to musical stimuli (durational differences and triad contrasts). Regular music practice may also have a modulatory effect on the brain’s linguistic organization and cause altered hemispheric functioning in those who have regularly practised music for years. Based on the present results, it is proposed that language skills, both in production and discrimination, are interconnected with perceptual musical skills.

Iran's domestic and foreign policies

Iran has a reputation of being a problematic country. Right now, it is proceeding with its nuclear program despite the opposition of the West and neighboring countries and the massive sanctions inflicted upon it. The country is also struggling with domestic issues. Half of Iran’s population belongs to different ethnic or religious minorities. They have poor rights to express their culture in the country, which is a cause of dissatisfaction among non-Shiite and non-Persian citizens. After the Arab Spring, the situation in Iran is getting more topical than ever. In the Syrian conflict, the Shiite Iran is constantly giving support to al-Assad’s regime. These are all factors that have aggravated the already irritated relations between Iran and the West.

Negotiating home and belonging. Young Kurds in Finland

This study looks at negotiation of belonging and understandings of home among a generation of young Kurdish adults who were born in Iraq, Iran, and Turkey and who reached adulthood in Finland. The young Kurds taking part in the study belong to the generation of migrants who moved to Finland in their childhood and early teenage years from the region of Kurdistan and elsewhere in the Middle East, then grew to adulthood in Finland. In theoretical terms, the study draws broadly from three approaches: transnationalism, intersectionality, and narrativity. Transnationalism refers to individuals’ cross-border ties and interaction extending beyond nationstates’ borders. Young people of migrant background, it has been suggested, are raised in a transnational space that entails cross-border contacts, ties, and visits to the societies of departure. How identities and feelings of belonging become formed in relation to the transnational space is approached with an intersectional frame, for examination of individuals’ positionings in terms of their intersecting attributes of gender, age/generation, and ethnicity, among others. Focus on the narrative approach allows untangling how individuals make sense of their place in the social world and how they narrate their belonging in terms of various mechanisms of inclusion and exclusion, including institutional arrangements and discursive categorisation schemes. The empirical data for this qualitative study come from 25 semi-structured thematic interviews that were conducted with 23 young Kurdish adults living in Turku and Helsinki between 2009 and 2011. The interviewees were aged between 19 and 28 years at the time of interviewing. Interview themes involved topics such as school and working life, family relations and language-learning, political activism and citizenship, transnational ties and attachments, belonging and identification, and plans for the future and aspirations. Furthermore, data were collected from observations during political demonstrations and meetings, along with cultural get-togethers. The data were analysed via thematic analysis. The findings from the study suggest that young Kurds express a strong sense of ‘Kurdishness’ that is based partially on knowing the Kurdish language and is informed by a sense of cultural continuity in the diaspora setting. Collective Kurdish identity narratives, particularly related to the consciousness of being a marginalised ‘other’ in the context of the Middle East, are resonant in young interviewees’ narrations of ‘Kurdishness’. Thus, a sense of ‘Kurdishness’ is drawn from lived experiences indexed to a particular politico-historical context of the Kurdish diaspora movements but also from the current situation of Kurdish minorities in the Middle East. On the other hand, young Kurds construct a sense of belonging in terms of the discursive constructions of ‘Finnishness’ and ‘otherness’ in the Finnish context. The racialised boundaries of ‘Finnishness’ are echoed in young Kurds’ narrations and position them as the ‘other’ – namely, the ‘immigrant’, ‘refugee’, or ‘foreigner’ – on the basis of embodied signifiers (specifically, their darker complexions). This study also indicates that young Kurds navigate between gendered expectations and norms at home and outside the home environment. They negotiate their positionings through linguistic repertoires – for instance, through mastery of the Finnish language – and by adjusting their behaviour in light of the context. This suggests that young Kurds adopt various forms of agency to display and enact their belonging in a transnational diaspora space. Young Kurds’ narrations display both territorially-bounded and non-territorially-bounded elements with regard to the relationship between identity and locality. ‘Home’ is located in Finland, and the future and aspirations are planned in relation to it. In contrast, the region of Kurdistan is viewed as ‘homeland’ and as the place of origins and roots, where temporary stays and visits are a possibility. The emotional attachments are forged in relation to the country (Finland) and not so much relative to ‘Finnishness’, which the interviewees considered an exclusionary identity category. Furthermore, identification with one’s immediate place of residence (city) or, in some cases, with a religious identity as ‘Muslim’ provides a more flexible venue for identification than does identifying oneself with the (Finnish) nation.

Return and Volatility spillovers among stock and Foreign Exchange Markets: Empirical Evidence from selected African Markets

Return and volatility dynamics in financial markets across the world have recently become important for the purpose of asset pricing, portfolio allocation and risk management. However, volatility, which come about as a result of the actions of market participants can help adapt to different situations and perform when it really matters. With recent development and liberalization among financial markets in emerging and frontier markets, the need for how the equity and foreign exchange markets interact and the extent to which return and volatility spillover are spread across countries is of importance to investors and policy makers at large. Financial markets in Africa have received attention leading to investors diversifying into them in times of crisis and contagion effects in developed countries. Regardless of the benefits these markets may offer, investors must be wary of issues such as thin trading, volatility that exists in the equity and currency markets and its related fluctuations. The study employs a VAR-GARCH BEKK model to study the return and volatility dynamics between the stock and foreign exchange sectors and among the equity markets of Egypt, Kenya, Nigeria, South Africa and Tunisia. The main findings suggest a higher dependence of own return in the stock markets and a one way return spillover from the currencies to the equity markets except for South Africa which has a weaker interrelation among the two markets. There is a relatively limited integration among the equity markets. Return and volatility spillover is mostly uni-directional except for a bi-directional relationship between the equity markets of Egypt and Tunisia. The study implication still proves a benefit for portfolio managers diversifying in these African equity markets, since they are independent of each other and may not be highly affected by the influx of negative news from elsewhere. However, there is the need to be wary of return and volatility spillover between the equity and currency markets, hence devising better hedging strategies to curb them.

Cyber security in home and small office local area networks - Attack vectors and vulnerabilities

This thesis presents security issues and vulnerabilities in home and small office local area networks that can be used in cyber-attacks. There is previous research done on single vulnerabilities and attack vectors, but not many papers present full scale attack examples towards LAN. First this thesis categorizes different security threads and later in the paper methods to launch the attacks are shown by example. Offensive security and penetration testing is used as research methods in this thesis. As a result of this thesis an attack is conducted using vulnerabilities in WLAN, ARP protocol, browser as well as methods of social engineering. In the end reverse shell access is gained to the target machine. Ready-made tools are used in the attack and their inner workings are described. Prevention methods are presented towards the attacks in the end of the thesis.

Innovation and Internationalisation in Russian Companies: Challenges and Opportunities for Open Innovation and Cooperation

Increasing globalisation and intensified cross-border cooperation, together with significant technological breakthroughs, create a fascinating gap for the research of the relationship between internationalisation and innovation on national, regional and company levels in Russia. The intensified international trade between countries and regions benefited from favourable institutional conditions, and facilitated the technology transfer and the development of innovations on the national level. This study approaches the same question from the company perspective; if certain companies are more innovative than other domestic companies, will they start internationalisation more easily or get involved in cooperation with international stakeholders? When companies operate in international markets, how do they obtain knowledge? Moreover, would this new knowledge from the foreign market help then to increase innovativeness, competitiveness and develop operations in domestic/local and foreign markets? Considering the role of foreign direct investments (FDI), the research in hand tries to find out the role of companies with FDI on the other players on the home market. Do foreigners bring new technology, innovation to the country? Is there spillover effect observed and how local companies can benefit from them? This dissertation studies the internationalisation and innovation in Russian companies, both from the outward internationalisation and inward internationalisation perspectives. Russian companies developed quickly during the transition period, after the dissolution of the Soviet Union. The common background of these companies, the effects of the change of ownership, and some managerial difficulties make them more sensitive to competitions issues, and in this context, the opportunities brought by the developing innovations are seen in companies and on the governmental level.

Exiles and Constituents: Baltic Refugees and American Cold War Politics, 1948- 1960

This dissertation explores the complicated relations between Estonian, Latvian, and Lithuanian postwar refugees and American foreign policymakers between 1948 and 1960. There were seemingly shared interests between the parties during the first decade of the Cold War. Generally, Eastern European refugees refused to recognize Soviet hegemony in their homelands, and American policy towards the Soviet bloc during the Truman and Eisenhower administrations sought to undermine the Kremlin’s standing in the region. More specifically, Baltic refugees and State Department officials sought to preserve the 1940 non-recognition policy towards the Soviet annexation of the Baltic States. I propose that despite the seemingly natural convergence of interests, the American experiment of constructing a State-Private network revolving around fostering relations with exile groups was fraught with difficulties. These difficulties ultimately undermined any ability that the United States might have had to liberate the Baltic States from the Soviet Union. As this dissertation demonstrates, Baltic exiles were primarily concerned with preserving a high level of political continuity to the interwar republics under the assumption that they would be able to regain their positions in liberated, democratic societies. American policymakers, however, were primarily concerned with maintaining the non-recognition policy, the framework in which all policy considerations were analyzed. I argue that these two motivating factors created unnecessary tensions in American policy towards the Baltic republics in the spheres of psychological warfare as well as exile unity in the United States and Europe. Despite these shortcomings, I argue that out of the exiles’ failings was born a generation of Baltic constituents that blurred the political legitimacy line between exiles who sought to return home and ethnic Americans who were loyal to the United States. These Baltic constituents played an important role in garnering the support of the United States Congress, starting in the 1950s, but became increasingly influential after the 1956 Hungarian Revolution, despite the seemingly less important role Eastern Europe played in the Cold War. The actions of the Baltic constituents not only prevented the Baltic question from being forever lost in the memory hole of history, but actually created enough political pressure on the State Department that it was impossible to alter the long-standing policy of not recognizing the Soviet annexation of the Baltic States.

Foreign Direct Investment, Clean Development Mechanism, and Environmental Management: A case of Sub-Saharan Africa

This doctoral dissertation explores the contribution of environmental management practices, the so-called clean development mechanism (CDM) projects, and foreign direct investment (FDI) in achieving sustainable development in developing countries, particularly in Sub- Saharan Africa. Because the climate change caused by greenhouse gas emissions is one of the most serious global environmental challenges, the main focus is on the causal links between carbon dioxide (CO2) emissions, energy consumption, and economic development in Sub-Saharan Africa. In addition, the dissertation investigates the factors that have affected the distribution of CDM projects in developing countries and the relationships between FDI and other macroeconomic variables of interest. The main contribution of the dissertation is empirical. One of the publications uses crosssectional data and Tobit and Poisson regressions. Three of the studies use time-series data and vector autoregressive and vector error correction models, while two publications use panel data and panel data estimation methods. One of the publications uses thus both timeseries and panel data. The concept of Granger causality is utilized in four of the publications. The results indicate that there are significant differences in the Granger causality relationships between CO2 emissions, energy consumption, economic growth, and FDI in different countries. It appears also that the causality relationships change over time. Furthermore, the results support the environmental Kuznets curve hypothesis but only for some of the countries. As to CDM activities, past emission levels, institutional quality, and the size of the host country appear to be among the significant determinants of the distribution of CDM projects. FDI and exports are also found to be significant determinants of economic growth.

Home Made Cars: An insight on Consumer Ethnocentrism – Case Saab

Saab outstands in the history of the Finnish car manufacturing. This is not only due to that these cars have been manufactured in Finland more than other passenger vehicles altogether. Finns also have a special emotional attachment to the “Finnish Saabs”. Findings from previous studies show that consumers connect cars well to the origin of the brand (COB). They are however rarely aware of the Country of Manufacturing (COM). Domestic brands are often popular in the COB, but research from situations in which the domestic origin is limited to the COM is rare. The case of this study is a phenomenon, in which the products origin is two dimensional and divided into domestic COM and foreign COB. The aim is to understand the phenomenon’s effect on consumer behavior. The research problem is approached with two sub questions: • Which country do consumers perceive as the origin country of the car? • What is the role of this origin in the consumers’ product perception and purchasing decision of the car? The theoretical framework of this study applies previous findings of two areas of interest: Country of Origin effect and Consumer Ethnocentrism. This is followed by feasibility studies that present and discuss the history and current state of Finnish car manufacturing. Based on the findings of earlier stages of the study, the role of the domestic COM on consumer behavior is presumed high. This expectation is confirmed by the experts and also by the first consumer respondent, who states domestic origin having been the main motivation to his car choice. All further consumer respondents do however not connect Saab to the home country, but discuss it as a Nordic car. This unexpected finding means that they do not perceive the origin to be neither the COM nor COB, but a geographical area that includes both countries. In other words, consumers have widened their in-group in a way that is in this thesis explained with reference group theory. The consumers’ perceived origin of the car is in this research found to be an important factor to the consumers’ product perception and purchasing decision. Being fit for the yields of the local environment is discovered to have been the most important factor to Finnish consumers purchasing choice of a Saab and the Nordic origin has been an indicator of this fit to them.

Scandinavian companies of banking, retailing and hotel sectors investing into the Baltic States-developing service sector

Diplomityö tehtiin Lappeenrannan yliopistossa päätavoitteenaan selvittää tärkeimmät motiivit, jotka ovat saaneet pohjoismaiset palvelualan yrityksetinvestoimaan Baltian maiden kehittyvillä markkinoilla. Pohjoismaiset yritykset ovat olleet aiemmin aktiivisia hyödyntämään Baltian maiden työvoimaa tuotantosektorilla. Suomalaiset yritykset ovat investoineet aiemmin telekommunikaatio- sekävaatetussektoreihin, mutta nykyisin investointien pääpaino on siirtynyt palvelualalle. Pankkisektori on erittäin kehittynyt pohjoismaissa ja ruotsalaiset yritykset ovat onnistuneet myös Baltiassa siirtyen markkinoille yksityistämisen tuomien mahdollisuuksien avulla. Nykyisin näillä yrityksillä on vahva jalansija Virossa sekä ovat etabloituneet myös Latviaan ja Liettuaan. Suomalaiset pankkialan yritykset ovat olleet vaatimattomampia tällä sektorilla. Vähittäiskauppiaat ovat vasta kansainvälistymisprosessinsa alkutaipaleella. Suomalaiset yritykset ovat laajentuneet Viroon ja tehneet yhteistyötä ruotsalaisten yritysten kanssa. Hotellisektorilla suomalaiset ja ruotsalaiset ovat edenneet rauhallisesti, mutta norjalainen ketju, Reval Hotel, on laajentunut kaikkiin Baltian maihin. Hotellisektorilla on luvassa kasvua lähivuosina. Kilpailutilanne on kiristynyt kaikilla palvelualan sektoreilla sekä paikallisten yritysten kasvun että ulkomaisten investoijien myötä. Elinolojen paraneminen vaikuttaa myös kilpailutilanteeseen kiristävästi, sillä se luo mahdollisuuksia yrityksille laajentua. Tämä diplomityö selvittäätilannetta valittujen yritysten kannalta niiden kansainvälistymisen alkutaipaleella.

Electric Motor and Frequency Converter Markets in Latin America and Especially in the Mining Industry of Chile

Latinalaisen Amerikan osuus maailmantaloudesta on pieni verrattuna sen maantieteelliseen kokoon, väkilukuun ja luonnonvaroihin. Aluetta pidetään kuitenkin yhtenä tulevaisuuden merkittävistä kasvumarkkinoista. Useissa Latinalaisen Amerikan maissa on teollisuutta, joka hyödyntää luonnonvaroja ja tuottaa raaka-aineita sekä kotimaan että ulkomaiden markkinoille. Tällaisia tyypillisiä teollisuudenaloja Latinalaisessa Amerikassa ovat kaivos- ja metsäteollisuus sekä öljyn ja maakaasun tuotanto. Näiden teollisuudenalojen tuotantolaitteiden ja koneiden valmistusta ei Latinalaisessa Amerikassa juurikaan ole. Ne tuodaan yleensä Pohjois-Amerikasta ja Euroopasta. Tässä diplomityössä tutkitaan sähkömoottorien ja taajuusmuuttajien markkinapotentiaalia Latinalaisessa Amerikassa. Tutkimuksessa perehdytään Latinalaisen Amerikan maiden kansantalouksien tilaan sekä arvioidaan sähkömoottorien ja taajuusmuuttajien markkinoiden kokoa tullitilastojen avulla. Chilen kaivosteollisuudessa arvioidaan olevan erityistä potentiaalia. Diplomityössä selvitetään ostoprosessin kulkua Chilen kaivosteollisuudessa ja eri asiakastyyppien roolia siinä sekä tärkeimpiä päätöskriteerejä toimittaja- ja teknologiavalinnoissa.

Välimiesmenettely, yrityksen vaihtoehtoinen riidanratkaisumenetelmä

Tämän tutkielman tavoitteena on tutkia yrityksen näkökulmasta niin kansallista kuin kansainvälistä ad hoc välimiesmenettelyä, välimiesmenettelylain ja YK:n kansainvälisen kauppaoikeuden toimikunnan UNCITRAL:in sääntöjen pohjalta. Tutkielmassa käsitellään välimiesmenettelyn käynnistymisen edellytyksiä ja itse menettelyä välimiesoikeudessa sekä ulkomaisen välitystuomion tunnustamista ja täytäntöönpanoa Suomessa. Tutkimuksessa käytettävä tutkimusmetodologia on käsiteanalyyttinen. Välimiesmenettely on lisännyt suosiotaan vaihtoehtoisena riidanratkaisumenetelmänä ja sitä käytetään varsinkin kaupan, teollisuuden ja rakennustoiminnan piirissä. Välimiesmenettelyn merkitys on suuri kansainvälisen kaupan alalla ja se on vakiinnuttanut asemansa yritysten välisten riitojen ratkaisukeinona sen tuomien etuuksien, kuten joustavuuden, nopeuden ja kansainvälisyyden johdosta.

IAS 14 - Segment Reporting; The Requirements and Implementation

The principal aim of this study is to clarify the requirements of segment reporting and compare the requirements with the actual! implementation on different business lines. The empirical part was concluded by interviewing randomly selected companies that are publicly listed on the Helsinki Exchanges. The theoretical part of the study (chapters 2 and 3) will give basic information about shifting to IAS -standards and the requirements of IAS -standards. In order to meet the principal aim, a pre-empiric research was conducted by studying the annual accounts (year 2002) of randomly selected companies that already follow the IAS -standards of reporting. The companies in the pre-empiric research consist of both domestic and foreign companies. The aim of the pre-empiric study was to give a basis for the interview process on the empiric part of the study. The study indicates that implementing segment reporting has not brought any major concerns or problems. This is due to the fact that most companies that were examined - being publicly listed companies - have traditionally had a clear division between their geographical and commercial segments, and also been obliged to give reports according to these segments. In case of changes in corporate structure, shifting on new lines of businesses or downsizing of operations, the problems in reporting according to IAS -standards, may arise. Such changes will also require changes on information systems, providing the essential information for segment reporting. According to this study, most companies choose the commercial segment as their primary segment for reporting. The pre-empiric study indicates, that most of the companies already following the IAS -standards, still have a lot of improvement to do, in order to meet all the IAS requirements.