Database Rights in Safe European Home: The Path to More Rigorous Protection of Information

1. Introduction "The one that has compiled ... a database, the collection, securing the validity or presentation of which has required an essential investment, has the sole right to control the content over the whole work or over either a qualitatively or quantitatively substantial part of the work both by means of reproduction and by making them available to the public", Finnish Copyright Act, section 49.1 These are the laconic words that implemented the much-awaited and hotly debated European Community Directive on the legal protection of databases,2 the EDD, into Finnish Copyright legislation in 1998. Now in the year 2005, after more than half a decade of the domestic implementation it is yet uncertain as to the proper meaning and construction of the convoluted qualitative criteria the current legislation employs as a prerequisite for the database protection both in Finland and within the European Union. Further, this opaque Pan-European instrument has the potential of bringing about a number of far-reaching economic and cultural ramifications, which have remained largely uncharted or unobserved. Thus the task of understanding this particular and currently peculiarly European new intellectual property regime is twofold: first, to understand the mechanics and functioning of the EDD and second, to realise the potential and risks inherent in the new legislation in economic, cultural and societal dimensions. 2. Subject-matter of the study: basic issues The first part of the task mentioned above is straightforward: questions such as what is meant by the key concepts triggering the functioning of the EDD such as presentation of independent information, what constitutes an essential investment in acquiring data and when the reproduction of a given database reaches either qualitatively or quantitatively the threshold of substantiality before the right-holder of a database can avail himself of the remedies provided by the statutory framework remain unclear and call for a careful analysis. As for second task, it is already obvious that the practical importance of the legal protection providedby the database right is in the rapid increase. The accelerating transformationof information into digital form is an existing fact, not merely a reflection of a shape of things to come in the future. To take a simple example, the digitisation of a map, traditionally in paper format and protected by copyright, can provide the consumer a markedly easier and faster access to the wanted material and the price can be, depending on the current state of the marketplace, cheaper than that of the traditional form or even free by means of public lending libraries providing access to the information online. This also renders it possible for authors and publishers to make available and sell their products to markedly larger, international markets while the production and distribution costs can be kept at minimum due to the new electronic production, marketing and distributionmechanisms to mention a few. The troublesome side is for authors and publishers the vastly enhanced potential for illegal copying by electronic means, producing numerous virtually identical copies at speed. The fear of illegal copying canlead to stark technical protection that in turn can dampen down the demand for information goods and services and furthermore, efficiently hamper the right of access to the materials available lawfully in electronic form and thus weaken the possibility of access to information, education and the cultural heritage of anation or nations, a condition precedent for a functioning democracy. 3. Particular issues in Digital Economy and Information Networks All what is said above applies a fortiori to the databases. As a result of the ubiquity of the Internet and the pending breakthrough of Mobile Internet, peer-to-peer Networks, Localand Wide Local Area Networks, a rapidly increasing amount of information not protected by traditional copyright, such as various lists, catalogues and tables,3previously protected partially by the old section 49 of the Finnish Copyright act are available free or for consideration in the Internet, and by the same token importantly, numerous databases are collected in order to enable the marketing, tendering and selling products and services in above mentioned networks. Databases and the information embedded therein constitutes a pivotal element in virtually any commercial operation including product and service development, scientific research and education. A poignant but not instantaneously an obvious example of this is a database consisting of physical coordinates of a certain selected group of customers for marketing purposes through cellular phones, laptops and several handheld or vehicle-based devices connected online. These practical needs call for answer to a plethora of questions already outlined above: Has thecollection and securing the validity of this information required an essential input? What qualifies as a quantitatively or qualitatively significant investment? According to the Directive, the database comprises works, information and other independent materials, which are arranged in systematic or methodical way andare individually accessible by electronic or other means. Under what circumstances then, are the materials regarded as arranged in systematic or methodical way? Only when the protected elements of a database are established, the question concerning the scope of protection becomes acute. In digital context, the traditional notions of reproduction and making available to the public of digital materials seem to fit ill or lead into interpretations that are at variance with analogous domain as regards the lawful and illegal uses of information. This may well interfere with or rework the way in which the commercial and other operators have to establish themselves and function in the existing value networks of information products and services. 4. International sphere After the expiry of the implementation period for the European Community Directive on legal protection of databases, the goals of the Directive must have been consolidated into the domestic legislations of the current twenty-five Member States within the European Union. On one hand, these fundamental questions readily imply that the problemsrelated to correct construction of the Directive underlying the domestic legislation transpire the national boundaries. On the other hand, the disputes arisingon account of the implementation and interpretation of the Directive on the European level attract significance domestically. Consequently, the guidelines on correct interpretation of the Directive importing the practical, business-oriented solutions may well have application on European level. This underlines the exigency for a thorough analysis on the implications of the meaning and potential scope of Database protection in Finland and the European Union. This position hasto be contrasted with the larger, international sphere, which in early 2005 does differ markedly from European Union stance, directly having a negative effect on international trade particularly in digital content. A particular case in point is the USA, a database producer primus inter pares, not at least yet having aSui Generis database regime or its kin, while both the political and academic discourse on the matter abounds. 5. The objectives of the study The above mentioned background with its several open issues calls for the detailed study of thefollowing questions: -What is a database-at-law and when is a database protected by intellectual property rights, particularly by the European database regime?What is the international situation? -How is a database protected and what is its relation with other intellectual property regimes, particularly in the Digital context? -The opportunities and threats provided by current protection to creators, users and the society as a whole, including the commercial and cultural implications? -The difficult question on relation of the Database protection and protection of factual information as such. 6. Dsiposition The Study, in purporting to analyse and cast light on the questions above, is divided into three mainparts. The first part has the purpose of introducing the political and rationalbackground and subsequent legislative evolution path of the European database protection, reflected against the international backdrop on the issue. An introduction to databases, originally a vehicle of modern computing and information andcommunication technology, is also incorporated. The second part sets out the chosen and existing two-tier model of the database protection, reviewing both itscopyright and Sui Generis right facets in detail together with the emergent application of the machinery in real-life societal and particularly commercial context. Furthermore, a general outline of copyright, relevant in context of copyright databases is provided. For purposes of further comparison, a chapter on the precursor of Sui Generi, database right, the Nordic catalogue rule also ensues. The third and final part analyses the positive and negative impact of the database protection system and attempts to scrutinize the implications further in the future with some caveats and tentative recommendations, in particular as regards the convoluted issue concerning the IPR protection of information per se, a new tenet in the domain of copyright and related rights.

Effect of the environment inside and outside the cage on the activity and behaviour test performance of silver foxes

Selostus: Kasvatush��kin ymp��rist��n vaikutus hopeakettujen k��ytt��ytymiseen

Protection of the high-voltage equipment with reduced insulation strength

Power transformer is the most expensive equipment on a substation. It is always necessary to get needed benefit with the lowest expenses. Producing of power transformers with reduced insulation strength is one of the possible ways to reduce expenses. Exploitation of such transformers was begun in the end of 70-th in the last century. Protection from overvoltages was done with valve-type magnetic combined surge arresters with increased blanking voltage during switching overvoltages. Nowadays there is the necessity of replacement of those devices. That���s why modernized nonlinear surge arrester was invented. This master���s thesis is focused on the use research of that modernized device in comparison with usual nonlinear surge arresters. The goal is to show the lightning overvoltages level using different types of nonlinear surge arresters and then calculations of the lightning protection reliability.

Determining the location for a mobile device by utilization of local resources of the environment

The subject being analyzed of this Master���s Thesis is a development of a service that is used to define a current location of a mobile device. The service utilized data that is obtained from own GPS receiver in some possible cases and as well data from mobile devices which can be afforded for the current environment for acquisition of more precise position of the device. The computation environment is based on context of a mobile device. The service is implemented as an application for communicator series Nokia N8XX. The Master���s Thesis presents theoretical concept of the method and its practical implementation, architecture of the application, requirements and describes a process of its functionality. Also users��� work with application is presented and recommendations for possible future improvements are made.

Patterns and processes of littoral zooplankton composition in relation to the trophic state of the environment

Avhandlingen handlar om hur kompositionen hos litoralt djurplankton varierar med omgivningens trofiska niv�� (m.a.o. eutrofieringsgrad). Arbetets inledande m��l ��r att beskriva hur m��ngden och artm��ngfalden hos djurplankton i strandn��ra vattnen och de omgivande organismsamh��llen ��ndras med n��rsaltshalter. Huvudsyftet ��r att utreda allm��nna mekanismer som styr dessa m��nster och som p�� s�� s��tt kan vara viktiga i att reglera samh��llen ��ven i andra ekologiska system. Unders��kningarna gjordes i ��l��ndska flador ��ver flera tillv��xts��songer samt i laboratorier d��r omgivningsf��rh��llanden i fladorna kunde simuleras och manipuleras. Djurplankton i dessa lagunlika vikar ��r l��gliga modellsystem. Flador ��r l��mpligt avgr��nsade fr��n det omgivande havet och f��rekommer allm��nt i norra ��stersj��regionen. S��ledes kan de inom ett litet omr��de som ��land representera hela regionala gradienten fr��n n��ringsfattiga till n��ringsrika f��rh��llanden. De sm�� kr��ft- och hjuldjuren som djurplankton best��r av befinner sig i mitten av n��ringsv��ven. De sammankopplar olika typer av mikrobiell produktion vidare till h��gre konsumenter och ��r p�� s�� s��tt centrala f��r organismsamh��llens struktur och funktion i n��stan alla akvatiska milj��er. I likhet med prim��rproducenterna (d.v.s. v��xter och alger som direkt p��verkas av n��rsaltshalterna, och som bl.a. utg��r f��da och habitat f��r djurplankton) samvarierar kompositionen hos djurplankton tydligt med omgivningens trofiska niv�� tills den blir h��g. Sedan b��rjar hela samh��llskompositionen utveckla sig ��t tv�� skilda h��ll. Dessa m��nster kan f��r djurplanktonets del f��rklaras med att dess komposition ingalunda styrs endast av prim��rproducenterna, utan av ett komplicerat samspel mellan dessa resurser samt konkurrerande och h��gre konsumenter (d.v.s. predatorer p�� flera h��gre trofiniv��er). Detta kom fram speciellt i laboratorief��rh��llanden d�� kompositionen hos dessa samh��llskomponenter manipulerades. B��de deras sammans��ttning och relativa t��theter i sig, samt en kombination av b��da visade sig styra djurplanktonkompositionen. Lokala processer (inom fladorna) och synnerligen f��r��ndringar hos olika fundament- (speciellt vass, borstnate och r��dstr��fse), k��rn- (speciellt yngel av a bborre och m��rt) och nyckelarter (stora predatorer som g��dda) verkar kunna avg��ra till vilken grad djurplanktonkompositionen samvarierar med omgivningens trofiska niv��. Inte bara samh��llen utan ocks�� de mekanismer som styr dem ��ndras med omgivningens trofiska niv��. Flador ��r ypperliga naturliga laboratorier f��r att studera dessa och ��ven andra allm��nekologiska m��nster och mekanismer. De ��r ocks�� oerh��rt viktiga milj��er f��r hela kustregionens natur.

Identification and application of bile metabolites to assess the exposure of fish to pharmaceuticals in the environment

Thousands of tons of pharmaceuticals are consumed yearly worldwide. Due to the continuous and increasing consumption and their incomplete elimination in wastewater treatment plants (WWTP), pharmaceuticals and their metabolites can be detected in receiving waters, although at low concentrations (ng to low ��g/L). As bioactive molecules the presence of pharmaceuticals in the aquatic environment must be considered potentially hazardous for the aquatic organisms. In this thesis, the biotransformation and excretion of pharmaceuticals in fish was studied. The main biotransformation pathways of three anti���inflammatory drugs, diclofenac, naproxen and ibuprofen, in rainbow trout were glucuronidation and taurine conjugation of the parent compounds and their phase I metabolites. The same metabolites were present in fish bile in aquatic exposures as in fish dosed with intraperitoneal injection. Higher bioconcentration factor in bile (BCFbile) was found for ibuprofen when compared to diclofenac and naproxen. Laboratory exposure studies were followed by a study of uptake of pharmaceuticals in a wild fish population living in lake contaminated with WWTP effluents. Of the analyzed 17 pharmaceuticals and six phase I metabolites, only diclofenac, naproxen and ibuprofen was present in bream and roach bile. It was shown, that diclofenac, naproxen and ibuprofen excreted by the liver can be found in rainbow trout and in two native fish species living in the receiving waters. In the bream and roach bile, the concentrations of diclofenac, naproxen and ibuprofen were roughly 1000 times higher than those found in the lake water, while in the laboratory exposures, the bioconcentration of the compounds and their metabolites in rainbow trout bile were at the same level as in wild fish or an order of magnitude higher. Thus, the parent compounds and their metabolites in fish bile can be used as a reliable biomarker to monitor the exposure of fish to environmental pharmaceuticals present in water receiving discharges from WWTPs.

But in this twilight our choices seal our fate : the interplay autonomy and dignity in defining the international legal response to the beginning of life

Tutkielman aiheena on kansainv��lisen oikeuden kysymys el��m��n alkamisesta ja el��m��n alkamisen ajankohdasta. Tutkielma l��hestyy aihetta Yhdistyneiden kansakuntien lasten oikeuksien sopimuksen kolmannen lis��p��yt��kirjan valossa. Astuessaan voimaan lis��p��yt��kirja tulee mahdollistamaan yksil��valitusten k��sittelyn erillisess�� ihmisoikeuskomiteassa. Koska lasten oikeuksien sopimus j��tt���� m����rittelem��tt�� el��m��n alkamisen ajankohdan, tutkielman perushypoteesina on, miten tuleva komitea ratkaisisi lasten oikeuksien sopimukseen j����neen j��nnitteen. T��m��n hypoteesin ohella tutkielmaa suuntaa olettamus el��m��n alun m����rittymisest�� pitk��lti oikeusperiaatteisiin rinnastuvien autonomian ja ihmisarvon k��sitteiden kautta. Tutkielma l��hestyy aihettaan sek�� oikeusk��yt��nn��n ett�� -kirjallisuuden valossa, sitoutumatta sen tarkemmin mihink����n yksitt��iseen oikeustieteelliseen tutkimusmetodiin. Oikeusk��yt��nn��n kohdalla tarkastelu perustuu p����osin l��nsimaisten ylimpien oikeuksien antamille tuomioille kysymyksiss��, jotka liittyv��t el��m��n alkamisen tematiikkaan. T��m��n ohella, rajatummin, k��sitell����n pohjoismaista el��m��n alun s����ntely��. Oikeusk��yt��nn��n sek�� s����d��sten tarkastelun keski��ss�� on ennen kaikkea oikeudellinen argumentaatio sek�� esiintuodun argumentaation j��nnitteisyys. Oikeusk��yt��nn��n pohjalta muotoutuu moni����ninen ja usein kontekstisidonnainen kuva el��m��n alusta. T��m��n oikeudellisen moni����nisyyden analyysi muodostaa tutkielman keskeisen sis��ll��n. Autonomian ja ihmisarvon k��sitteiden merkityst�� oikeusk��yt��nn��n ja s����d��sten arvioinnille perustellaan tutkimuksessa yht����lt�� niiden merkityksell�� tuomioistuinten argumentaatiossa toisaalta periaatteiden saamalla tuella oikeustieteellisess�� kirjallisuudessa. Tutkielma suhtautuu kriittisesti autonomian ja ihmisarvon k��sitteisiin. Kriittisen luennan tarkoituksena on paljastaa oikeudellisen argumentaation sumeus ja sumeuden oikeudelliselle tulkinnalle aiheuttama ep��varmuus. Tulkinnan ep��varmuuden seurauksena my��s vastaus el��m��n alulle n��ytt��ytyy tutkielmassa ristiriitaisena ja osin perustelemattomana. Tutkielman keskeinen tulos on ennen kaikkea oikeuden j��nnitteiden tunnistamisessa sen l��hestyess�� el��m��n alun m����rittely��. Tutkielman tulosten pohjalta on mahdollista pyrki�� l��yt��m����n muotoutumassa olevan kansainv��lisen oikeuden vastaus el��m��n alulle. Tuon vastauksen vakaus, perusteltavuus ja pysyvyys riippuvat siit��, miten onnistuneesti oikeudellinen argumentaatio kykenee yhdist��m����n yksil��n autonomisen oikeuden p����tt���� el��m��st����n kollektiivin intressiin yll��pit���� el��m����.

Wood biochemicals for the protection of health. Focus on hemicellulose, stilbenoids and lignans

Trees produce an enormous amount of compounds that are still scantly utilized.However, the results obtained from structurally similar biochemicals suggest that wood-derived compounds could be used for the protection of health in various applications. Polyphenols, for instance, could be extracted from wood in high quantities. Similar polyphenols to those in wood include resveratrol, found in grapes, and secoisolariciresinol, present in flaxseeds. Their consumption has been inversely associated with the incidence of various diseases, especially certain cancers and obesity-related disorders. The aim of this study was to determine the health-promoting effects of woodderived biochemicals. The effect of spruce hemicellulose on the growth of probiotic intestinal bacteria was studied. The results suggest that the bifidobacteria and lactobacilli can utilize hemicellulose and thus it has potential as a prebiotic compound. In particular, the efficacy of pine polyphenols to inhibit the growth of prostate cancer was our main interest. It was found that stilbenoids and lignans inhibited the proliferation of various cancer cells, and reduced the growth of prostate cancer xenografts in mice. The polyphenol rich pine knot extract was well tolerated in diet and extract-derived polyphenols were rapidly absorbed after intake. Furthermore, we determined the effect of the dietary pine knot extract on the weight gain and the expression of aromatase gene in reporter mouse expressing the promoter region of a human aromatase gene. It was found that dietary pine knot extract alleviated the obesity-induced inflammation in adipose tissue and downregulated the expression of a human aromatase gene. Taken together, several components of spruce and pine may have a future role as health-promoting compounds.

Quantification of Toxin Biosynthesis Genes In Cyanobacteria and Dinoflagellates - Genetic Factors as Predictors of Toxin Production in the Environment

Harmful algal blooms (HABs) are events caused by the massive proliferation of microscopic, often photosynthetic organisms that inhabit both fresh and marine waters. Although HABs are essentially a natural phenomenon, they now cause worldwide concern. Recent anthropogenic effects, such as climate change and eutrophication via nutrient runoff, can be seen in their increased prevalence and severity. Cyanobacteria and dinoflagellates are often the causative organisms of HABs. In addition to adverse effects caused by the sheer biomass, certain species produce highly potent toxic compounds: hepatotoxic microcystins are produced exclusively by cyanobacteria and neurotoxic saxitoxins, also known as paralytic shellfish toxins (PSTs), by both cyanobacteria and dinoflagellates. Specific biosynthetic genes in the cyanobacterial genomes direct the production of microcystin and paralytic shellfish toxins. Recently also the first paralytic shellfish toxin gene sequences from dinoflagellate genomes have been elucidated. The public health risks presented by HABs are evident, but the monitoring and prediction of toxic events is challenging. Characterization of the genetic background of toxin biosynthesis, including that of microcystins and paralytic shellfish toxins, has made it possible to develop highly sensitive molecular tools which have shown promise in the monitoring and study of potentially toxic microalgae. In this doctoral work, toxin-specific genes were targeted in the developed PCR and qPCR assays for the detection and quantification of potentially toxic cyanobacteria and dinoflagellates in the environment. The correlation between the copy numbers of the toxin biosynthesis genes and toxin production were investigated to assess whether the developed methods could be used to predict toxin concentrations. The nature of the correlation between gene copy numbers and amount of toxin produced varied depending on the targeted gene and the producing organism. The combined mcyB copy numbers of three potentially microcystin-producing cyanobacterial genera showed significant positive correlation to the observed total toxin production. However, the presence of PST-specific sxtA, sxtG, and sxtB genes of cyanobacterial origin was found to be a poor predictor of toxin production in the studied area. Conversely, the dinoflagellate sxtA4 was a good qualitative indicator of a neurotoxic bloom both in the laboratory and in the field, and population densities reflected well the observed toxin concentrations. In conclusion, although the specificity of each potential targeted toxin biosynthesis gene must be assessed individually during method development, the results obtained in this doctoral study support the use of quantitative PCR -based approaches in the monitoring of toxic cyanobacteria and dinoflagellates.

Foodstuffs and medicines as legal categories in the EU and China. Functional foods as a borderline case

The thesis discusses the regulation of foodstuffs and medicines, and particularly the regulation of functional foods. Legal systems investigated are the EU and China. Both are members of the WTO and Codex Alimentarius, which binds European and Chinese rules together. The study uses three Chinese berries as case examples of how product development faces regulation in practice. The berries have traditional uses as herbal medicines. Europe and China have similar nutrition problems to be resolved, such as obesity, cardiovascular disease, and diabetes. The three berries might be suitable raw materials for functional foods. Consumer products with health-enhancing functions, such as lowering blood pressure, might legally be classifi ed either as foodstuffs or medicines. The classifi cation will depend on functions and presentation of the product. In our opinion, food and medicine regulation should come closer together so the classifi cation issue would no longer be an issue. Safety of both foodstuffs and medicines is strictly regulated. With medicines, safety is a more relative concept, where benefi ts of the product are compared to side-effects in thorough scientifi c tests and trials. Foods, on the other hand, are not allowed to have side-effects. Hygiene rules and rules on the use of chemicals apply. In China, food safety is currently at focus as China has had several severe food scandals. Newly developed foods are called novel foods, and are specifi cally regulated. The current European novel food regulation from 1997 treats traditional third country products as novel. The Chinese regulation of 2007 also defi nes novel foods as something unfamiliar to a Chinese consumer. The concepts of novel food thus serve a protectionist purpose. As regards marketing, foods are allowed to bear health claims, whereas medicines bear medicinal claims. The separation is legally strict: foods are not to be presented as having medicinal functions. European nutrition and health claim regulation exists since 2006. China also has its regulation on health foods, listing the permitted claims and how to substantiate them. Health claims are allowed only on health foods. The European rules on medicines include separate categories for herbal medicines, traditional herbal medicines, and homeopathic medicines, where there are differing requirements for scientifi c substantiation. The scientifi c and political grounds for the separate categories provoke criticism. At surface, the Chinese legal system seems similar to the European one. To facilitate trade, China has enacted modern laws. Laws are needed as the country moves from planned economy to market economy: ���rule of law��� needs to replace ���rule of man���. Instead of being citizens, Chinese people long were subordinates to the Emperor. Confucius himself advised to avoid confl ict. Still, Chinese people do not and cannot always trust the legal system, as laws are enforced in an inconsistent manner, and courts are weak. In China, there have been problems with confl icting national and local laws. In Europe, the competence of the EU vs. the competence of the Member States is still not resolved, even though the European Commission often states that free trade requires harmonisation. Food and medicine regulation is created by international organisations, food and medicine control agencies, standards agencies, companies and their organisations. Regulation can be divided in ���hard law��� and ���soft law���. One might claim that hard law is in crisis, as soft law is gaining importance. If law is out of fashion, regulation certainly isn���t. In the future, ���law��� might mean a process where rules and incentives are created by states, NGOs, companies, consumers, and other stakeholders. ���Law��� might thus refer to a constant negotiation between public and private actors. Legal principles such as transparency, equal treatment, and the right to be heard would still be important.

Centre for Economic Development, Transport and the Environment : Prosperity, competitiveness, sustainable development

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Centres for Economic Development, Transport and the Environment at Your Service

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