Incentivising Innovation? The competition law approach to the new challenge clauses in the competition rules for technology licensing agreements of the EU

Tutkielman aiheena on EU:n kilpailuoikeudellinen lähestymistapa challenge-lausekkeisiin teknologinsiirtosopimuksia koskevassa ryhmäpoikkeusasetuksessa. Teknologian lisensoinnin katsotaan olevan tärkeä väline teknologian kehityksen levittämisessä ja innovaation edistämisessä. Joissakin tapauksissa lisenssisopimus voi sisältää kilpailua rajoittavia lausekkeita, joiden voidaan kuitenkin nähdä hyödyttävän kilpailua kokonaisuutta arvostellen. Tällaisia lausekkeita ovat niin sanotut ”no-challenge” – lauseke, eli sopimusehto, jonka nojalla lisenssinsaaja sitoutuu olemaan haastamatta lisensoidun immateriaalioikeuden pätevyyttä ja ”termination-on-challenge” – lauseke, joka antaa lisensoijalle haastettaessa oikeuden päättää lisenssisopimus. Tutkielmassa perehdytään challenge -lausekkeiden hyväksyttävyyden arviointiin Euroopan unionin kilpailuoikeuden näkökulmasta uuden 1.5.2014 voimaan tulleen ryhmäpoikkeusasetuksen valossa. Muissa kuin yksinoikeuksia luovissa teknologiansiirtosopimuksissa olevat termination-on-challenge – lausekkeita tulee uusimmassa ryhmäpoikkeusetuksessa aina perustua yritysten itse suorittamaan tapauskohtaiseen arviointiin. No-challenge – lausekkeet ovat jatkossakin aiemman käytännön mukaisesti ryhmäpoikkeuksen soveltamisalan ulkopuolella. Komission on perustellut challenge - lausekkeiden jättämistä asetuksen ulkopuolelle julkisella intressillä, joka on päästä eroon mitättömistä immateriaalioikeuksista. Komission on katsonut, että challenge – lausekkeiden kilpailua rajoittava ominaisuus on mitättömien immateriaalioikeuksien esiintyminen markkinoilla, mikä osaltaan vääristää kilpailua ja hidastaa toimijoiden markkinoille pääsyä. Toisaalta lausekkeiden voidaan sanoa edistävän kilpailua, sillä ne usein tarjoavat immateriaalioikeuden haltijalle riittävän oikeussuojan ja kannustimen lisensoida teknologia, mikä lisää kilpailua, keksijöiden kannustimia panostaa innovaatioihin sekä vähentää transaktiokustannuksia. Tutkielman keskeinen tulos on ennen kaikkea challenge-lausekkeiden kilpailuvaikutusten tunnistamisessa ja komission perusteluiden kriittisessä arvioinnissa. Komission linjauksen perustelut eivät saa riittävää tukea ottaen huomioon vaikutustenarvioinnin, EU:n tuomioistuinkäytännön sekä taloustieteellisen lähestymistavan. Tutkielman tulosten pohjalta ja tukeutuen eri oikeuslähteisiin, taloustieteellisiin argumentteihin ja oikeusvertailevaan tutkimukseen, on mahdollista tehdä johtopäätöksiä niistä seikoista ja argumenteista, joilla on merkitystä uuden politiikkalinjauksen kilpailuvaikutuksiin.

Innovation, competition and financial vulnerability in economic development

The financial sector has been viewed traditionally as either providing the "oil" for the "wheels of commerce" or as a parasite on the real sector of the economy where real productivity gains provide for increasing real wages and per capita incomes. The present paper takes a different route and attempts to an analysis of financial institutions on a par with the production sector of the economy. It also develops a link which amalgamates "the knowledge-based" perspective on firms' operations with Schumpeterian financial leverage to exploit productivity enhancing innovations, and Minsky's tendency towards financial fragility. The analysis also leads to some policy recommendations concerning financial regulation, risk management and financial institution's building.

O social no governo Lula: a construção de um novo populismo em tempos de aplicação de uma agenda neoliberal

The purpose of this paper is to discuss the main characteristics of new Lula's government support. The paper's hypothesis concentrates in the idea of starting a different political approach, "a new populism". The paper argues that Lula's government to keep in power, beyond of going on with the neoliberal project - unfinished in the last years of FHC government -, needs to build up a solid and trustful political support, which is being done by implementing income transfer programs directed to poor people and the ones with less organization experience. This paper also calls the attention to Lula's government nature, in order to clarify the difficulties which should be dealt and the tasks to be developed in building up a political party that defends workers emancipation and Brazilians exploited.

Spurring innovation through idea contests : data analysis and process improvements

This research concerns the Urban Living Idea Contest conducted by Creator Space™ of BASF SE during its 150th anniversary in 2015. The main objectives of the thesis are to provide a comprehensive analysis of the Urban Living Idea Contest (ULIC) and propose a number of improvement suggestions for future years. More than 4,000 data points were collected and analyzed to investigate the functionality of different elements of the contest. Furthermore, a set of improvement suggestions were proposed to BASF SE. Novelty of this thesis lies in the data collection and the original analysis of the contest, which identified its critical elements, as well as the areas that could be improved. The author of this research was a member of the organizing team and involved in the decision making process from the beginning until the end of the ULIC.

Determinantes da recuperação do emprego formal no Brasil: evidências para o período 2001/2005 e hipoteses para uma agenda de pesquisa

Decisive factors affecting the recent increase in formal employment in Brazil. This paper gives a general overview of the evolution of labour market indicators between 1995 and 2005 in Brazil. It shows an overall increase in formal employment rates from 2001 to 2005, as opposite to what had happened from 1995 to 1999. It is argued that such recent trends might indicate the reconfiguration of the labour market in better terms, with potential positive consequences to the finance performance of the Social Security sector. The paper also examines some of the major factors associated with this new trend and their chances to maintain such tendency in the near future. It's important to notice that all of them may be subject to some kind of political management by the State. In other words, we suggest that there are suficient instruments and operative skills in the Brazilian State to make these and others factors work in favour of a more persistent strategy of development with social inclusion through labour.

Knowledge governance, innovation and development

This paper aims to be a very preliminary effort to contribute to a better understanding of the interaction among innovation, competition and intellectual property policies from an evolutionary-developmental perspective. As such, it seeks to build a more coherent framework within which the discussions of both institution building and policy design for development can proceed. In order to accomplish that, the paper introduces the concept of "Knowledge Governance" as an alternative analytical and policy-oriented approach, and suggests that from a public policy/public interest perspective, and within an evolutionary framework, it is a better way to address the problems concerning the production, appropriability and diffusion of knowledge. In doing so, it also intends contribute to broaden the ongoing discussions on the "New Developmentalism".

The underestimated role of universities for the Brazilian system of innovation

Conventional wisdom usually underestimates the important role of public research institutes and universities in successful cases of Brazilian economy. History of science and technology institutions shows a long-term process of formation of these institutions and their interactions with industrial firms, agricultural producers or society. This paper investigates historical roots of successful cases of Brazil. First, we present the late onset of National Innovation System (NSI) institutions and waves of institutional formation in Brazil. Second, we describe the history of three selected successful cases, which spans from a low-tech sector (agriculture), a medium-tech sector (steel and special metal alloys), to a high-tech sector (aircraft). These findings present new challenges for present-day developmental policies.

A service perspective to digital innovation: exploring the emergence of autonomous shipping

Current research describes digital innovation largely similar to product innovation. Digital innovation is seen as an object of coherent activities, however in reality digital innovation results from convergence of variant technologies and those related actors with versatile business goals. To account for the dynamic nature of digital innovation, this study applies a service perspective to digital innovation. The purpose of the study is to understand how digital innovation emerges within a service ecosystem for autonomous shipping. The sub-objectives of this study are to 1) identify what factors motivate and demotivate actors to integrate resources for autonomous shipping, 2) explore the key technology areas to be integrated to realise the autonomous shipping concept, and 3) suggest how the technology areas are combined for mutual value creation within a service eco-system for autonomous shipping. Insights from autonomous driving were also included. This study draws on literatures on service innovation and service-dominant logic. The research was conducted as a qualitative exploratory case study. The data comprise interviews of 18 marine and automotive industry experts, 4 workshops, 4 seminars, and observations as well as various secondary data sources. The findings revealed that the key actors have versatile motivations regarding autonomous shipping. These varied from opportunities for single applications to occupying a central role in an autonomous technology platform. Thus, autonomous shipping can be seen as an umbrella concept comprising multiple levels. In technical terms, the development of the concept of autonomous shipping is largely based on combining existing technology solutions, which are gradually integrated towards more systemic entities comprising areas of the autonomous shipping concept. This study argues that a service perspective embraces the inherently complex and dynamic nature of digital innovation. This is captured in the developed research framework that describes digital innovation emerging on different levels of interaction: 1. strategic relationships for new solutions, 2. new local networks for technology platforms, and 3. global networks for new markets. The framework shows how the business models and motivations of digital innovation actors feed the emergence of digital innovation in overlapping service ecosystems that together comprise an innovation ecosystem for autonomous technologies. Digital innovation managers will benefit from seeing their businesses as part of a larger ecosystem of value co-creating actors. In orchestrating digital innovation within a service ecosystem, it is suggested that managers consider the resources, roles and institutions within the ecosystem. Finally, as autonomous shipping is at its infancy, the topic provides a number of interesting avenues for future research.

Quinze anos de rigidez monetária no Brasil pós-Plano Real: uma agenda de pesquisa

Fifteen years of monetary rigidity in Brazil after the Real Plan: a research agenda.The paper makes a review of literature and a research agenda on the anomaly of Brazilian monetary policy. Following a retrospect of the first 15 years after the Real Plan, there is a review of studies aiming to explain the high real interest rate. None of the summarized theses can completely explain the phenomenon. The main research opportunities are: deepening of empirical evidence of monetary policy efficacy loss; improvement in mensuration of its inefficacy; and improvement of alternative instruments to control inflation. The field of political economy is also fertile. One should assess the relevance of oligopolies as an explaining factor of persistence of high inflation.

Gênese e agenda do novo desenvolvimentismo brasileiro

The debate regarding Brazil's development model returned again to the public arena in the first decade of 21st century after two decades of orthodox economic policies which encouraged non-developed countries to adopt liberal economic policies as their preferred growth strategies. As Brazil achieved neither economic stability nor development, the discussion of new development strategies returned as a popular research topic. It is in this context that a new development theory - New Developmentalism - emerges. The objective of this article is to review the origins of this debate and the main propositions defended by the group aiming to implement a new development model policy in the country. The main conclusions are that this group has had an important contribution in maintaining the development debate in the public agenda as well as proposing a new theoretical approach called "structuralist macroeconomic development".

Public management, policy capacity, innovation and development

In this paper we discuss the question of what factors in development policy create specific forms of policy capacity and under what circumstances developmentoriented complementarities or mismatches between the public and private sectors emerge. We argue that specific forms of policy capacity emerge from three interlinked policy choices, each fundamentally evolutionary in nature: policy choices on understanding the nature and sources of technical change and innovation; on the ways of financing economic growth, in particular technical change; and on the nature of public management to deliver and implement both previous sets of policy choices. Thus, policy capacity is not so much a continuum of abilities (from less to more), but rather a variety of modes of making policy that originate from co-evolutionary processes in capitalist development. To illustrate, we briefly reflect upon how the East Asian developmental states of the 1960s-1980s and Eastern European transition policies since the 1990s led to almost opposite institutional systems for financing, designing and managing development strategies, and how this led, through co-evolutionary processes, to different forms of policy capacity.

In search of the interrelatedness of innovation and internationalisation processes in entrepreneurial life science companies

This study is motivated by the question how resource scarce innovative entrepreneurial companies seek and leverage global resources. This study takes a resource-seeking perspective a step forward and suggests that resources that enable the entrepreneurial internationalisation are largely accrued from the early stages of entrepreneurial life; that is from the innovation development. Consequently, this study seeks to explain how innovation and internationalisation processes are interrelated in the entrepreneurial internationalisation. This main objective is approached through three research questions, (1) What role do inter-organisational relationships in innovation have in the entrepreneurial internationalisation process? (2) What kind of inward–outward links do inter-organisational relationships create in the resource-seeking-based entrepreneurial internationalisation process? (3) What kind of capability to collaborate forms in the interaction of inter-organisational relationship deployment? The research design is a mixed methods design that consists of quantitative pilot study and qualitative multiple case study of five entrepreneurial life science companies from Finland and Austria. The findings show that innovation and internationalisation processes are tightly interwoven in pre-internationalisation state. The findings also reveal that the more experienced companies are able to take advantage of complexcross-border inter-organisational relationship structures better than the starting companies. However, very minor evidence was found on inward links translating into outward links in the entrepreneurial internationalisation process, despite the expectation to observe more of these links in the data. Combined intangible-tangible resource-seeking was the most preferred to build links between inward–outward internationalisation but also to develop competence to collaborate. By adopting a resource- instead of market-seeking approach, this study illustrated that internationalisation extends to early stages of innovative companies, and that in high-technology companies’ potentially significant cross-border relationships have started to form long before incorporation. Therefore, these observations justified the firmer inclusion of pre-company history in innovative entrepreneurship studies. The study offers a conceptualisation of entrepreneurial internationalisation that is perceived as a process. The main theoretical contributions are in the areas of international entrepreneurship and in the behavioural process studies of entrepreneurial internationalisation and resource-based internationalisation. The inclusion of the innovation-based discussion, namely the innovation process, in the internationalisation process theories has clearly contributed to the understanding of entrepreneurial internationalisation in the context of international entrepreneurship. Innovation development is a central act of entrepreneurial companies, and neglecting innovation process investigation from entrepreneurial internationalisation leaves potentially influential mechanisms unexplored.

Scouring uncharted waters – managing outbound open innovation in maritime industry

This thesis discusses the unexplored opportunities of open innovation, with a special focus on outbound open innovation. The extant literature indicates that the field of outbound open innovation still lacks of research, and especially the managerial issues lack of practicality. Also, the applicability to SME’s and traditional fields has been argued. The purpose of this study is to investigate how the outbound open innovation activities can be managed in maritime industry. By combining existing literature from the field of open innovation and innovation management, this study suggests first a theoretical management model, and contributes how it can be applied to industry- and company specifics; and then develops a practical model by constructing from the case company’s current management processes. As a result, the study synthesises a theoretical model of how the outbound open innovation activities can be managed. This model positions the outbound open innovation activities, the theoretical concepts found from the literature review, R&D processes, and the outbound open innovation implementation stages identified by previous research; and thus responses the need for practical steps for any company planning outbound open innovation activities. Practical tool for managers is also provided by identifying issues that are applied to industry- and company specifics. Then, open-ended case study questions are formulated accordingly and expert interviews selected by chain referral sampling, are conducted. Interviews provide information for the current management processes. By identifying the best practices and main challenges it is possible to outline and evaluate current outbound open innovation management processes and strategic choices in it. The researcher considers also the networks and their spheres of influences for the actors, activities and resources in the processes. Thus, the study provides a novel approach, and practical tools for the researchers and practioners in the field of open innovation. All in all, the study has come up that outbound open innovation is applicable to maritime industry; and the case company indeed has perfected its processes as cost-effective as possible, and so found its balance between the costs and benefits. However, several issues for future development are pointed out, and the study offers proposals for theory building. Findings are piloting in kind, but provide several theoretical and managerial implications, and reveal new research needs for the field.

Factors of innovation creation within functional heterogeneous project teams Case study: ABB Group

The research topic of the work is: “Factors of innovation creation within functionally heterogeneous project teams”. The research question is “What are the factors of innovation creation within functionally heterogeneous project teams?” The subject of this research is to explore the teams of projects, aimed at creating innovations, and understand how innovation is generated through project team work within them in term of factors. In line with the purposes of this study, firstly, it was analyzed what factors of such teams’ work are affecting creating innovation positively and negatively on the base of chosen literature and a preliminary conceptional framework was formulated, and secondly, the research of the work of project teams in one of the divisions of ABB company has been done and other factors and interdependencies between them have been added to the conceptional framework. This final conceptional framework constitutes the essense of the work findings and can be used as a tool to analyze the innovation creation process in functionally heterogeneous project teams

Fostering product innovation by learning through exporting in Eastern Europe

This study discusses the importance of learning through the process of exporting, and more specifically how such a process can enhance the product innovativeness of a company. The purpose of this study is to investigate the appropriate sources of learning and to suggest an interactive framework for how new knowledge from exporting markets can materialize itself into product innovation. The theoretical background of the study was constructed from academic literature, which is related to concepts of learning by exporting, along with sources for learning in the market and new product development. The empirical research in the form of a qualitative case study was based on four semi-structured interviews and secondary data from the case company official site. The interview data was collected between March and April 2015 from case company employees who directly work in the department of exporting and product development. The method of thematic analysis was used to categorize and interpret the collected data. What was conclusively discovered, was that the knowledge from an exporting market can be an incentive for product innovation, especially an incremental one. Foreign customers and competitors as important sources for new knowledge contribute to the innovative process. Foreign market competitors’ influence on product improvements was high only when the competitor was a market leader or held a colossal market share, while the customers’ influence is always high. Therefore, involving a foreign customer in the development of a new product is vital to a company that is interested in benefiting from what is learned through exporting. The interactive framework, which is based on the theoretical background and findings of the study, suggests that exporting companies can raise their product innovativeness by utilizing newly gained knowledge from exporting markets. Except for input, in the form of sources of learning, and product innovation as an output, the framework contains a process of knowledge transfer, the absorptive capacity of a firm and a new product development process. In addition, the framework and the findings enhance the understanding of the disputed relationship between an exporting experience and product innovation. However, future research is needed in order to fully understand all the elements of the framework, such as the absorptive capacity of a firm as well as more case companies to be processed in order to increase the generalization of the framework