Lojalitet i licensavtal

Loyalty in Licensing Agreements The purpose of the dissertation is to analyse the impact of the principle of loyalty on licensing agreements from the viewpoint of Finnish law using the traditional legal method (Rechtsdogmatik) combined with empirical data in the form of licensing agreements. The need for good licensing agreements is crucial. One should avoid mechanical and stereotyped agreements in favour of more conscious and goal-oriented ones. When the parties' will and goals have been made clear, the drafting technique should be chosen accordingly. The importance of the principle of loyalty in the interpretation of licensing agreements varies according to their degree of relationality. This is a concept originating in the relational contract theory, more precisely Ian Macneil's spectrum of contracts, where contracts can be placed on an axis according to their degree of relationality. In the dissertation different factors are used to conclude whether the licensing agreement at hand is to be placed on the axis closer to the transactional pole or closer to the relational pole. A conclusion of the dissertation is that few licensing agreements can be placed so close to the transactional pole, that the principle of loyalty lacks importance altogether. The impact of the principle of loyalty the main focus of which is on fostering the contracting parties to behave in accordance with best practices, not for example on altering contract terms is analysed in different situations where the parties' interests typically collide. These situations are discussed from the point of view of three patent and knowhow licensing agreements that differ as to their degree of relationality. A balance needs to be struck between freedom of contract and relational needs. Especially when interpreting more modern licensing agreements, one should not focus on the written document alone, as is often recommended in the literature on Nordic intellectual property law. Neither is the principle of caveat emptor a proper starting point. Moreover, where the parties are of equal bargaining power, one should not assume that the grants in licensing agreements are to be interpreted narrowly. Focus in the interpretation should instead be on the entirety of the circumstances.

Jauheiden erottuminen

Partikkelisysteemien segregaatio eli erottuminen on ilmiö, jossa tasalaatuisen jauheseoksen komponenteilla on taipumus erota toisistaan. Jauheen erottumistaipumus riippuu partikkelien ominaisuuksista, ympäröivistä olosuhteista ja partikkelien välisistä vuorovaikutuksista. Segregaatiomekanismeja on esitetty kirjallisuudessa valtava määrä ja pienetkin erot partikkelien välisissä ominaisuuksissa ja vuorovaikutuksissa voivat johtaa täysin eri segregaatiomekanismeihin. Segregaatioilmiö on lääketeollisuuden näkökulmasta hyvin keskeinen, eikä sitä tunneta vielä riittävän hyvin, jotta siltä osattaisiin systemaattisesti välttyä. Nykyinen segregaatiotutkimus perustuu suurelta osin yrityksen ja erehdyksen kautta tapahtuvaan oppimiseen. Todellisen segregaatioilmiön ymmärtämiseen tarvittaisiin innovatiivisia tutkimusmenetelmiä. Kokeellisen osan tarkoituksena oli kehittää ja perustestata menetelmä, jolla voidaan tutkia erilaisten partikkelisysteemien erottumiskäyttäytymistä, ja käyttää tätä menetelmää farmaseuttisten rae- ja pellettiseosten segregaation tutkimiseen. Tavoitteena oli todistaa kehitetyn Babel-laitteen toimintaperiaatteen soveltuvuus partikkelisysteemien erottumiskäyttäytymisen tutkimiseen, mutta suoritetut kokeet olivat lähinnä menetelmän ja laitteen testausta. Ongelmiksi muodostuivat Babel-laitteen asettamat rajoitukset, partikkelien sähköistyminen ja partikkelien väliset vuorovaikutukset. Käytetyt suoraviivaiset lähestymistavat eivät riittäneet segregaation aiheuttamiseen Babel-laitteella. Vertikaalisen ravistelun seurauksena syntynyt konvektiopyörre esti segregaation syntymisen. Johtopäätöksenä voidaan sanoa, että Babel-laite mittaa hyvin ja toistettavasti sekä se kykenee erottamaan erikokoiset partikkelit ja erilaiset kokojakaumat toisistaan. Laitteen kehittämistavoitteena olisi saada segregaatio paremmin näkyviin jauheseoksissa ravistelun seurauksena. Tällöin voitaisiin tehdä päätelmiä jauheseoksen erottumistaipumuksesta ja systeemissä vallitsevista erottumismekanismeista. Laitteen ja menetelmän jatkokehittäminen voisi tuottaa hyödyllistä lisätietoa, mikä edesauttaisi segregaation ymmärtämistä ilmiönä entistä paremmin

Paradigms in Statistical Inference for Finite Populations; Up to the 1950s

Modern sample surveys started to spread after statistician at the U.S. Bureau of the Census in the 1940s had developed a sampling design for the Current Population Survey (CPS). A significant factor was also that digital computers became available for statisticians. In the beginning of 1950s, the theory was documented in textbooks on survey sampling. This thesis is about the development of the statistical inference for sample surveys. For the first time the idea of statistical inference was enunciated by a French scientist, P. S. Laplace. In 1781, he published a plan for a partial investigation in which he determined the sample size needed to reach the desired accuracy in estimation. The plan was based on Laplace s Principle of Inverse Probability and on his derivation of the Central Limit Theorem. They were published in a memoir in 1774 which is one of the origins of statistical inference. Laplace s inference model was based on Bernoulli trials and binominal probabilities. He assumed that populations were changing constantly. It was depicted by assuming a priori distributions for parameters. Laplace s inference model dominated statistical thinking for a century. Sample selection in Laplace s investigations was purposive. In 1894 in the International Statistical Institute meeting, Norwegian Anders Kiaer presented the idea of the Representative Method to draw samples. Its idea was that the sample would be a miniature of the population. It is still prevailing. The virtues of random sampling were known but practical problems of sample selection and data collection hindered its use. Arhtur Bowley realized the potentials of Kiaer s method and in the beginning of the 20th century carried out several surveys in the UK. He also developed the theory of statistical inference for finite populations. It was based on Laplace s inference model. R. A. Fisher contributions in the 1920 s constitute a watershed in the statistical science He revolutionized the theory of statistics. In addition, he introduced a new statistical inference model which is still the prevailing paradigm. The essential idea is to draw repeatedly samples from the same population and the assumption that population parameters are constants. Fisher s theory did not include a priori probabilities. Jerzy Neyman adopted Fisher s inference model and applied it to finite populations with the difference that Neyman s inference model does not include any assumptions of the distributions of the study variables. Applying Fisher s fiducial argument he developed the theory for confidence intervals. Neyman s last contribution to survey sampling presented a theory for double sampling. This gave the central idea for statisticians at the U.S. Census Bureau to develop the complex survey design for the CPS. Important criterion was to have a method in which the costs of data collection were acceptable, and which provided approximately equal interviewer workloads, besides sufficient accuracy in estimation.

Solar rechargeable battery—principle and materials

A brief survey of the historical development of a photoelectrochemical solar cell is given. The principle and future of solar chargeable battery is compared with a wet and a dry type photovoltaic cell. A solar chargeable battery, with or without a membrane and with an aqueous solution or with solid-state electrolytes is discussed. A new unique type of configuration “Sharon-Schottky” junction solar cell is described which can be used either as a charger for any secondary batteries or could be used for photoelectrolysis of water. All these configurations and their relative merits are discussed. A review on the various semiconductors and types of solar chargeable batteries is made. Finally, a conclusion is drawn for future direction of research for developing an economically viable photoelectrochemical (PEC) solar cell based on either the principle of a solar charger (to charge a Ni---Cd battery or lead—acid battery) and/or solar chargeable battery with or without without a membrane. Some new innovative ideas for the preparation of materials is discussed. The entire discussion is geared towards answering a relevant question: what has gone wrong to result in the stagnation and failure in commercialization of a PEC based solar cell?

Ühis- ning erijooni Soome ja Eesti Kaitseliitude puhkpillimuusikas aastatel 1925-1934.

This study focuses on the similarities and differences between the Estonian Defence League and the Finnish Civil Guard brass bands during the period 1925-1934. By 1934 this paramilitary volunteer state defence organisation had reached stability in its development, such that social, cultural and patriotic education of the people - with the help of brass band music among other means- had acquired a significant role, in addition to prioritised military and sports activities. The study begins with introductory paragraphs I and II, which describes the founding of the organisations, their participation in the Wars of Independence and their subsequent peace time activities as well as their representation in the media at the time. The thesis also briefly introduces military music in Finland and Estonia, as well as describes the influence of military music on the Defence League brass bands. The period under review includes the global economic crisis, which undoubtedly concerned the Defence League/Civil Guard and the Lapua and War of Independence movements, which greatly affected the apolitical principles of the organisations. The main emphasis of the thesis is the Defence League/Civil Guard brass band`s musical activities in two counties - Etelä-Pohjanmaa and Pärnumaa, while also including a general overview of the Estonian Defence League brass bands´ activities. One of the most important benefits of the thesis is its introduction of the brass band repertoire in use at the time, which was played by both professional and as well as amateur orchestras the latter of which also included the brass bands of the Defence League/Civil Guard and the Fire Services. Brass band music held a secondary, yet significant position in the Defence League/Civil Guard, where the orchestra as a musical grouping was obliged to perform not only at inner-organisational and national celebrations but also at any event requiring brass band music, such as song festivals, singing days, and other local cultural events. The professional preparation of the band conductors at the beginning of the period under review was not well specialised, but the training of the Defence League/Civil Defence brass band conductors was carried out regularly in both republic according to the opportunities and dedicated training programmes available. The musicians of the Defence League/Civil Defence brass bands were at the same time members of the military organisations as well as amateur musicians, which placed upon them extra demands - they were under close public supervision in all situations. Based on the principle of chronology it appeared that both Finnish and Estonian respective organisations´ brass bands used the gradually improving economic situation for purchasing musical instruments, obtaining repertoire and training musicians/conductors. Despite the fact that brass band music in the Defence League/Civil Guard was considered an amateur activity and a hobby, the more far-reaching objective of the organisation was to resemble the Defence Forces´ orchestras as closely as possible in all aspects. The Defence League/Civil Guard brass band music definitely had a significant influence on forming, developing and enriching music life in both republics. The reviewed nine-year period introduced the musical activities of the Defence League/Civil Guard against the background of the everyday life of the organisation and the need for brass band music and its continuity in the voluntary state defence institutions of both republics.

Amplitude Frequency Response Measurement: A Simple Technique

A simple method is described to combine a modern function generator and a digital oscilloscope to configure a setup that can directly measure the amplitude frequency response of a system. This is achieved by synchronously triggering both instruments, with the function generator operated in the ``Linear-Sweep'' frequency mode, while the oscilloscope is operated in the ``Envelope'' acquisition mode. Under these conditions, the acquired envelopes directly correspond to the (input and output signal) spectra, whose ratio yields the amplitude frequency response. The method is easy to configure, automatic, time-efficient, and does not require any external control or interface or programming. This method is ideally suited to impart hands-on experience in sweep frequency response measurements, demonstrate resonance phenomenon in transformer windings, explain the working principle of an impedance analyzer, practically exhibit properties of network functions, and so on. The proposed method is an inexpensive alternative to existing commercial equipment meant for this job and is also an effective teaching aid. Details of its implementation, along with some practical measurements on an actual transformer, are presented.

A Smooth Finite Element Method Based on Reproducing Kernel DMS-Splines

The element-based piecewise smooth functional approximation in the conventional finite element method (FEM) results in discontinuous first and higher order derivatives across element boundaries Despite the significant advantages of the FEM in modelling complicated geometries, a motivation in developing mesh-free methods has been the ease with which higher order globally smooth shape functions can be derived via the reproduction of polynomials There is thus a case for combining these advantages in a so-called hybrid scheme or a `smooth FEM' that, whilst retaining the popular mesh-based discretization, obtains shape functions with uniform C-p (p >= 1) continuity One such recent attempt, a NURBS based parametric bridging method (Shaw et al 2008b), uses polynomial reproducing, tensor-product non-uniform rational B-splines (NURBS) over a typical FE mesh and relies upon a (possibly piecewise) bijective geometric map between the physical domain and a rectangular (cuboidal) parametric domain The present work aims at a significant extension and improvement of this concept by replacing NURBS with DMS-splines (say, of degree n > 0) that are defined over triangles and provide Cn-1 continuity across the triangle edges This relieves the need for a geometric map that could precipitate ill-conditioning of the discretized equations Delaunay triangulation is used to discretize the physical domain and shape functions are constructed via the polynomial reproduction condition, which quite remarkably relieves the solution of its sensitive dependence on the selected knotsets Derivatives of shape functions are also constructed based on the principle of reproduction of derivatives of polynomials (Shaw and Roy 2008a) Within the present scheme, the triangles also serve as background integration cells in weak formulations thereby overcoming non-conformability issues Numerical examples involving the evaluation of derivatives of targeted functions up to the fourth order and applications of the method to a few boundary value problems of general interest in solid mechanics over (non-simply connected) bounded domains in 2D are presented towards the end of the paper

A Bilinear Constitutive Model for Isotropic Bimodulus Materials

Proper formulation of stress-strain relations, particularly in tension-compression situations for isotropic biomodulus materials, is an unresolved problem. Ambartsumyan's model [8] and Jones' weighted compliance matrix model [9] do not satisfy the principle of coordinate invariance. Shapiro's first stress invariant model [10] is too simple a model to describe the behavior of real materials. In fact, Rigbi [13] has raised a question about the compatibility of bimodularity with isotropy in a solid. Medri [2] has opined that linear principal strain-principal stress relations are fictitious, and warned that the bilinear approximation of uniaxial stress-strain behavior leads to ill-working bimodulus material model under combined loading. In the present work, a general bilinear constitutive model has been presented and described in biaxial principal stress plane with zonewise linear principal strain-principal stress relations. Elastic coefficients in the model are characterized based on the signs of (i) principal stresses, (ii) principal strains, and (iii) on the value of strain energy component ratio ER greater than or less than unity. The last criterion is used in tension-compression and compression-tension situations to account for different shear moduli in pure shear stress and pure shear strain states as well as unequal cross compliances.

Intermetallic Ti2Ni/TiNi nanocomposite by rapid solidification

Nanoscale dispersions of intermetallic Ti2Ni particles in an ordered TiNi intermetallic matrix have been produced by rapid solidification processing of near equiatomic TiNi alloys containing small amount of Si utilising the principle of kinetic competition in the undercooled liquid, A detailed characterisation of the microstructures obtained by different processing conditions was carried out to establish the trend of the refinement of the scale of microstructure. The observed microstructural conditions are rationalised in terms of a metastable phase diagram and the Uhlmann, Chalmers and Jackson theory of the trapping of second phase particles by a moving interface.

Genetic search: Analysis using fitness moments

Genetic Algorithms are efficient and robust search methods that are being employed in a plethora of applications with extremely large search spaces. The directed search mechanism employed in Genetic Algorithms performs a simultaneous and balanced, exploration of new regions in the search space and exploitation of already discovered regions.This paper introduces the notion of fitness moments for analyzing the working of Genetic Algorithms (GAs). We show that the fitness moments in any generation may be predicted from those of the initial population. Since a knowledge of the fitness moments allows us to estimate the fitness distribution of strings, this approach provides for a method of characterizing the dynamics of GAs. In particular the average fitness and fitness variance of the population in any generation may be predicted. We introduce the technique of fitness-based disruption of solutions for improving the performance of GAs. Using fitness moments, we demonstrate the advantages of using fitness-based disruption. We also present experimental results comparing the performance of a standard GA and GAs (CDGA and AGA) that incorporate the principle of fitness-based disruption. The experimental evidence clearly demonstrates the power of fitness based disruption.

Space vector pulsewidth modulation — A status review

The technique of space vector pulsewidth modulation (SVM) is reviewed. The basic principle of SVM is derived and is compared with sine-triangle PWM. Operation in the overmodulation range is explained. Extension of SVM to other inverter-motor combinations such as three level inverters and split phase motors are discussed.

Swam Intelligent Based Inverse Model for Laboratory Double Reservoir Diffusion Experiments

Theoretical approaches are of fundamental importance to predict the potential impact of waste disposal facilities on ground water contamination. Appropriate design parameters are, in general, estimated by fitting the theoretical models to a field monitoring or laboratory experimental data. Double-reservoir diffusion (Transient Through-Diffusion) experiments are generally conducted in the laboratory to estimate the mass transport parameters of the proposed barrier material. These design parameters are estimated by manual parameter adjusting techniques (also called eye-fitting) like Pollute. In this work an automated inverse model is developed to estimate the mass transport parameters from transient through-diffusion experimental data. The proposed inverse model uses particle swarm optimization (PSO) algorithm which is based on the social behaviour of animals for finding their food sources. Finite difference numerical solution of the transient through-diffusion mathematical model is integrated with the PSO algorithm to solve the inverse problem of parameter estimation.The working principle of the new solver is demonstrated by estimating mass transport parameters from the published transient through-diffusion experimental data. The estimated values are compared with the values obtained by existing procedure. The present technique is robust and efficient. The mass transport parameters are obtained with a very good precision in less time

Shape memory alloy based motor

Design and characterization of a new shape memory alloy wire based Poly Phase Motor has been reported in this paper. The motor can be used either in stepping mode or in servo mode of operation. Each phase of the motor consists of an SMA wire with a spring in series. The principle of operation of the poly phase motor is presented. The motor resembles a stepper motor in its functioning though the actuation principles are different and hence has been characterized similar to a stepper motor. The motor can be actuated in either direction with different phase sequencing methods, which are presented in this work. The motor is modelled and simulated and the results of simulations and experiments are presented. The experimental model of the motor is of dimension 150mm square, 20mm thick and uses SMA wire of 0·4mm diameter and 125mm of length in each phase.

Community-based Natural Resource Management: Issues and Cases from South Asia

Community-based natural resource management (CBNRM) is the joint management of natural resources by a community based on a community strategy, through a participatory mechanism involving all legitimate stakeholders. The approach is community-based in that the communities managing the resources have the legal rights, the local institutions and the economic incentives to take substantial responsibility for sustained use of these resources. This implies that the community plays an active role in the management of natural resources, not because it asserts sole ownership over them, but because it can claim participation in their management and benefits for practical and technical reasons1–4. This approach emerged as the dominant conservation concept in the late 1970s and early 1980s, of the disillusionment with the developmental state. Governments across South and South East Asia, Africa and Latin America have adopted and implemented CBNRM in various ways, viz. through sectoral programmes such as forestry, irrigation or wildlife management, multisectoral programmes such as watershed development and efforts towards political devolution. In India, the principle of decentralization through ‘gram swaraj’ was introduced by Mahatma Gandhi. The 73rd and 74th constitution amendments in 1992 gave impetus to the decentralized planning at panchayat levels through the creation of a statutory three-level local self-government structure5,6. The strength of this book is that it includes chapters by CBNRM advocates based on six seemingly innovative initiatives being implemented by nongovernmental organizations (NGOs) in ecologically vulnerable regions of South Asia: two in the Himalayas (watershed development programme in Lingmutechhu, Bhuthan and Thalisain tehsil, Paudi Grahwal District, Uttarakhand), three in semi-arid parts of western India (watershed development in Hivre Bazar, Maharashtra and Nathugadh village, Gujarat and water-harvesting structures in Gopalapura, Rajasthan) and one in the flood-plains of the Brahmaputra–Jamuna (Char land, Galibanda and Jamalpur districts, Bangladesh). Watersheds in semi-arid regions fall in the low-rainfall region (500–700 mm) and suffer the vagaries of drought 2–3 years in every five-year cycle. In all these locations, the major occupation is agriculture, most of which is rainfed or dry. The other two cases (in Uttarakhand) fall in the Himalayan region (temperate/sub-temperate climate), which has witnessed extensive deforestation in the last century and is now considered as one of the most vulnerable locations in South Asia. Terraced agriculture is being practised in these locations for a long time. The last case (Gono Chetona) falls in the Brahmaputra–Jamuna charlands which are the most ecologically vulnerable regions in the sub-continent with constantly changing landscape. Agriculture and livestock rearing are the main occupations, and there is substantial seasonal emigration for wage labour by the adult males. River erosion and floods force the people to adopt a semi-migratory lifestyle. The book attempts to analyse the potential as well as limitations of NGOdriven CBNRM endeavours across agroclimatic regions of South Asia with emphasis on four intrinsically linked normative concerns, namely sustainability, livelihood enhancement, equity and demographic decentralization in chapters 2–7. Comparative analysis of these case studies done in chapter 8, highlights the issues that require further research while portraying the strengths and limits of NGO-driven CBNRM. In Hivre Bazar, the post-watershed intervention scenario is such that farmers often grow three crops in a year – kharif bajra, rabi jowar and summer vegetable crops. Productivity has increased in the dry lands due to improvement in soil moisture levels. The revival of johads in Gopalpura has led to the proliferation of wheat and increased productivity. In Lingmuteychhu, productivity gains have also arisen, but more due to the introduction of both local and high-yielding, new varieties as opposed to increased water availability. In the case of Gono Chetona, improvements have come due to diversification of agriculture; for example, the promotion of vegetable gardens. CBNRM interventions in most cases have also led to new avenues of employment and income generation. The synthesis shows that CBNRM efforts have made significant contributions to livelihood enhancement and only limited gains in terms of collective action for sustainable and equitable access to benefits and continuing resource use, and in terms of democratic decentralization, contrary to the objectives of the programme. Livelihood benefits include improvements in availability of livelihood support resources (fuelwood, fodder, drinking water), increased productivity (including diversification of cropping pattern) in agriculture and allied activities, and new sources of livelihood. However, NGO-driven CBNRM has not met its goal of providing ‘alternative’ forms of ‘development’ due to impediments of state policy, short-sighted vision of implementers and confrontation with the socio-ecological reality of the region, which almost always are that of fragmented communities (or communities in flux) with unequal dependence and access to land and other natural resources along with great gender imbalances. Appalling, however, is the general absence of recognition of the importance of and the will to explore practical ways to bring about equitable resource transfer or benefit-sharing and the consequent innovations in this respect that are evident in the pioneering community initiatives such as pani panchayat, etc. Pertaining to the gains on the ecological sustainability front, Hivre Bazar and Thalisain initiatives through active participation of villagers have made significant regeneration of the water table within the village, and mechanisms such as ban on number of bore wells, the regulation of cropping pattern, restrictions on felling of trees and free grazing to ensure that in the future, the groundwater is neither over-exploited nor its recharge capability impaired. Nevertheless, the longterm sustainability of the interventions in the case of Ghoga and Gopalpura initiatives as the focus has been mostly on regeneration of resources, and less on regulating the use of regenerated resources. Further, in Lingmuteychhu and Gono Chetona, the interventions are mainly household-based and the focus has been less explicit on ecological components. The studies demonstrate the livelihood benefits to all of the interventions and significant variation in achievements with reference to sustainability, equity and democratic decentralization depending on the level and extent of community participation apart from the vision of implementers, strategy (or nature of intervention shaped by the question of community formation), the centrality of community formation and also the State policy. Case studies show that the influence of State policy is multi-faceted and often contradictory in nature. This necessitates NGOs to engage with the State in a much more purposeful way than in an ‘autonomous space’. Thus the role of NGOs in CBNRM is complementary, wherein they provide innovative experiments that the State can learn. This helps in achieving the goals of CBNRM through democratic decentralization. The book addresses the vital issues related to natural resource management and interests of the community. Key topics discussed throughout the book are still at the centre of the current debate. This compilation consists of well-written chapters based on rigorous synthesis of CBNRM case studies, which will serve as good references for students, researchers and practitioners in the years to come.

A Unified Approach to Encoding and Classification Using Bimodal Projection-Based Features

In general the objective of accurately encoding the input data and the objective of extracting good features to facilitate classification are not consistent with each other. As a result, good encoding methods may not be effective mechanisms for classification. In this paper, an earlier proposed unsupervised feature extraction mechanism for pattern classification has been extended to obtain an invertible map. The method of bimodal projection-based features was inspired by the general class of methods called projection pursuit. The principle of projection pursuit concentrates on projections that discriminate between clusters and not faithful representations. The basic feature map obtained by the method of bimodal projections has been extended to overcome this. The extended feature map is an embedding of the input space in the feature space. As a result, the inverse map exists and hence the representation of the input space in the feature space is exact. This map can be naturally expressed as a feedforward neural network.