Lisenssien hinnoittelupäätösten tärkeys ohjelmistoliiketoiminnassa

Tavoite on selvittää hinnoittelupäätöksien noudattamista ohjelmistoliiketoimintaa harjoittavassa yrityksessä. Lisäksi syitä noudattamiseen ja noudattamatta jättämiseen sekä asiakkaiden hinnoittelutoiveisiin selvitettiin. Teoriassa esitellään kolmea hinnoittelumallia, kuinka näitä malleja käytetään käytännössä? Teoriaosuudessa käsitellään hintaa, hinnoittelua, hinnoittelumalleja ja ohjelmistoliiketoiminnan piirteitä. Empiirisessä osassa tehdään laadullista tutkimusta henkilökohtaisilla puolistrukturoiduilla haastatteluilla, joista kerätään tarjousten kanssa tutkimuksen aineisto. Tutkimusmateriaalin pohjalta vastataan tutkimuskysymyksiin. Vaikka käytännöt olisivat valideja, mutta mikäli hintoja ei nähdä järkevinä, käytännöistä on joustettava. Kohdetuotteilla pitäisi myös olla yhtäläiset hinnoittelumallit. Pääsyyksi käytännöistä joustamiseen nähtiin kohdeasiakkaan olevan avainasiakas tai kilpailijan tarjouksen voittaminen.

Estrutura de propriedade e de controle das empresas de capital aberto no Brasil

This paper has as its main objective to measure the magnitude of deviations between control rights and cash-flow rights for the ultimate shareholder with the largest voting rights of limited liability companies in Brazil. Furthermore, it pinpoints how these discrepancies are generated, evaluating the relative importance of the issuance of preferred stocks with no voting rights, pyramidal arrangements of ownership, and cross-shareholdings. The data set embraces 602 companies that in 2001 complied with the mandatory requirement of filing to the CVM.

El éxito del Mercosur posible

The success of the possible Mercosur. Mercosur can be observed from two different perspectives. One from an ideal integration project, whose reference is the European Union. The other, based in the profound prevailing asymmetries within the region and the progress achieved since the founding bilateral agreements of presidents Alfonsin and Sarney, in 1985. From the first perspective, Mercosur in a failure; from the second, it has achieved considerable success. The integration process is displayed in three levels: the national density prevailing in the member countries, the rules of the game of the system and the common standings vis a vis the rest of the world. The future of Mercosur depends on progress achieved in these three levels and the opening of new possibilities of national development for each member country in a regional framework.

Political economy of preferential trade agreement: the case of bilateral asymmetric negotiation

The purpose of this paper is to analyse the political economy of preferential trade agreements based on a sequential non-cooperative Stackelberg political game between a large economy and a small one, in which the political dispute of rival lobby groups defines the unilateral stance of both governments in the first stage; and the Stackelberg "coalition-proof" equilibrium defines the free trade agreement format in the second stage. Finally, a few modifications in the initial game structure are discussed in order to enhance the small economy's negotiation power. The political economy model is applied to FTAA case.

A América do Sul em movimento

South America in movement. This paper discusses the prospects for the integration of South America, stressing that there are two competing projects. One the one hand, we have the Free Trade Area of the Americas (FTAA), as proposed by Washington, or bilateral free trade agreements with the United States in the FTAA format. On the other hand, we have Mercosur, recently expanded by the accession of Venezuela. Washington's still very significant but declining influence in South America, relations between Argentina and Brazil, Venezuela's entry into Mercosur, and the role of smaller countries are successively examined.

Between Dugin’s Eurasianism and Mahan’s Sea Power Concept: Russia’s Geopolitical Discourse within Foucault’s ‘Discursive Tree’ before and After the Incorporation of the Crimea

The fall of 2013 could be characterized as a crossroad in the geopolitics of Eastern Europe, namely Ukraine. Two rivalry geopolitical projects have been developing throughout the post-Cold War years, and it seems that they reached a collision point in Ukraine; a country whose authorities have been for long switching sides between the European Union and the Russian Federation in their foreign policy commitments. The refusal/postponing to sign the Association Agreement with Brussels, an expected event by a large category of the Ukrainian society, by Yanukovich’s government led to the outset of the latter; and brought a pro-Western, anti-Russian government in Kyiv. It seems that Ukraine, after those events, has embarked definitively on the path of integration into the West (European Union and possibly NATO). The Russian Federation, who has been throughout Putin’s years engaged into the re-integration of post-Soviet space, reacted to these developments in an assertive manner by violating borders, agreements and the territorial integrity of Ukraine. Thus, the incorporation of the Crimea into the Russian Federation is the first in its kind in the post-Soviet space, despite the existence of various other conflicts that broke out in the region after the Soviet Union broke up. I will investigate in this thesis the nature of what will be labelled, in this work, the Crimean issue. I argue that the incorporation of the Crimean peninsula into the Russian Federation marks a new era in Russian geopolitical thinking that shapes, to a far extent, Russian foreign policy. Discourse analysis will be the methodological basis for this study, with a special focus on Michel Foucault’s Archaeology of Knowledge. The innovation that this research brings is the fact that it discusses Russian geopolitical discourse within the scope of Foucault’s ‘discursive tree’, with a reference to the Crimean issue. A wide range of primary sources will be consulted in this study such as presidential addresses to the Federal Assembly (2000-2014), Foreign Policy Concepts of the Russian Federation (2000, 2008), Russian maritime doctrines, as wells as Dugin’s Osnovy Geopolitiki (Foundations of Geopolitics), Mahan’s (The Influence of Sea Power Upon History, 1660–1783) and other Eurasianism related literature.

Acquisition Failure: The case of a multinational enterprise from an emerging market failing in Indonesia.

The escalation in the number of mergers and acquisition transactions involving emerging market firms is a relatively recent phenomenon; as a consequence academic research in such topic is rather limited. The purpose of this research study was to discuss the possible reasons that led the acquisition failure of an emerging multinational firm and an Indonesian player. Extensive theoretical research was performed and it had been achieved, based on this, the finding of a framework that facilitated to understand the way in which the concepts of cultural distances and relate liabilities of foreignness in the process of acquisitions of foreign companies in emerging markets. The theoretical background collects literature related to acquisitions, models of cultural studies between nations and liabilities of foreignness. It has been generated a variety of frameworks that aid to understand the way that the institutional distance and cultural factors together with the concept of liabilities of foreignness can affect the process of market entry of an emerging multinational company to the extent that the best way to stop losing money is to abandon the project. The empirical research consisted of selective semi-structured interviews and an extensive research in available public data on the chosen study case of this research. There were several factors that were identified as the cause of the failure in the market entry of a Mexican multinational firm in Indonesia. The weakness shown by the local government authorities was used by the local community leaders who rioted because of discomfort. These groups were the ones who made the government submit to the extent that the agreements reached at the beginning of the deal were either canceled or modified in a way that favored always the local community. The contributions of this study fall into the knowledge field of emerging multinational firms and market entry process.

Estudo da complementaridade do comércio entre o Brasil e o Japão com vistas a um acordo de livre comércio

Complementarity of trade between Brazil and Japan with a view to a free trade agreement. Japan has signed free trade agreements as trade policy since 2002 and three countries have already signed in Latin American. Considering the intention to carry out an agreement with Mercosur, this article aims to analyze the complementarities between Brazil and Japan trade structure by revealed comparative advantages indexes, with World Bank data for the period between 2006 and 2008. The results show a comparative advantage in primary commodities to Brazil and in industrial products to Japan, as well as indicating sectors that may oppose to trade liberalization.

The TTIP, ISDS and the shift towards transparency in investor-state arbitration

The negotiations between the EU and the US over the Transatlantic Trade and Investment Partnership (TTIP) have generated a lot of discussion about investor-state dispute settlement (ISDS). This discussion provided the inspiration for this thesis, with the TTIP in the background, setting the scene. In this thesis I study the nature of ISDS and the principle of transparency within investor-state arbitration. I aim to determine whether the use of ISDS is restricted to international arbitration and whether ISDS can be considered to constitute a system or regime. Furthermore, I consider whether the introduction of the UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration (2014, the UNCITRAL Transparency Rules) changes investor-state arbitration in relation to transparency. To achieve this, I examine ISDS provisions in several different international investment agreements (IIAs) and evaluate the ways in which transparency is incorporated into investment law. Moreover, I compare the provisions on transparency and confidentiality in institutional arbitration rules with the UNCITRAL Transparency Rules. I have formed several conclusions, including that the ISDS provisions may contain methods other than international arbitration and that ISDS does not constitute a system. Furthermore, the UNCITRAL Transparency Rules do change – theoretically, at least – investor-state arbitration to become more transparent. Whether the UNCITRAL Transparency Rules will make investor-state arbitration fully transparent depends on the actions of the contracting state parties when negotiating new IIAs and whether they choose to incorporate the UNCITRAL Transparency Rules in the IIAs already concluded.

Yllättävä ja ankara ehto verkossa tehtävässä vakiosopimuksessa

Tässä työssä tutkitaan verkossa tehtävän vakiosopimuksen ehtoja sopimuksen ollessa elinkeinonharjoittajien välinen. Kun sopimuksen on laatinut neuvotteluasemaltaan vahvempi osapuoli, ei toisella osapuolella ole muuta mahdollisuutta kuin hyväksyä tai hylätä sopimus. Tällainen sopimus on nimeltään liittymissopimus. Epätasaisen neuvotteluvoiman johdosta vahvempi osapuoli voi sopimuksen ehtoja laatiessaan pyrkiä puoltamaan omaa etuaan. Tämä voi johtaa tilanteeseen, jossa sopimuksen ehtoihin sisältyy yllättäviä ja ankaria ehtoja. Tarkoituksena on selvittää oikeuskirjallisuuden perusteella millaiset ehdot voivat olla lähtökohtaisesti yllättäviä ja ankaria. Jotta tällaiset ehdot tulisivat sitovasti sopimuksen osaksi, niitä tulee korostaa. Empiirisen tutkimuksen avulla halutaan selvittää miten edellä mainittujen ehtojen korostaminen onnistuu mobiilisovelluskehittäjien jakelusopimuksissa. Verkossa toteutettu kyselytutkimus suunnattiin suomalaisille mobiilisovelluskehittäjille. Tutkimuksen mukaan on selvää, ettei suurin ongelma ole sopimusehdoissa, vaan suurin ongelma on sopimuksen lukemisen transaktiokustannus. Tämän seurauksena liityntäsopimuksen hyväksyjät ovat tietämättömiä sopimuksen solmimisen seurauksena heihin kohdistuneista vastuista ja velvoitteista. Koska sovelluskehittäjät näkevät itsensä jo lähtökohtaisesti sopimuksen osapuolina ilman neuvotteluvoimaa, eivät he koe hyötyvänsä sopimuksen lukemisesta. Johtopäätöksenä todetaan, että tiedon epäsymmetrisyyteen tulisi vaikuttaa. Järjestäytymällä sovelluskehittäjien olisi mahdollista kasvattaa neuvotteluvoimaa, mutta myös lisätä tietoisuuttaan sopimusehtojen sisällöstä. Sopimusehtoihin vaikuttaminen ei ole mahdollista tällä hetkellä ennen kuin useammat sopimuksen hyväksyjät lukevat sopimuksen.

From Fordism to neoconservatism : free trade and Canadian industrial policy in an era of globalism /

Nothing today affects the lives of people in countries throughout the industrialized and developing world as much as international trade. Nowhere is this more true than in Canada. Canada's involvement in international trade has a long history dating back to 1854 when it was a British colony. As a major trading country, Canada has always adopted a proactive industrial policy which has been largely responsible for its relative economic prosperi ty. But, wi th businesses now free to invest and divest under the terms of the CUFTA and the NAFTA, the most fundamental concerns for Canadians, in a borderless world, are what powers will the Canadian government have to shape industrial policy, and to what extent can Canada continue as a viable nationstate if it can no longer control its national economy? These are important concerns because, in world without borders, the adjustment process becomes more volatile and more difficult to manage. The CUFTA and the NAFTA not only create the rules for conducting trade, but they also establish a set of new rules for the Canadian government that will diminish its power. As a member of a new North American trading bloc, Canada will find itself subject to a set of forces requiring analysis beyond participation in a conventional free trade area. Because many of the traditional levers of government will now be subject to external control imposed by these agreements, Canada will not be able to mount certain policies in the future that it has relied on in the past. This reality limits the pro-active role of the Canadian state to use policies and programmes for the country's immediate national development. What this thesis attempts is an examination of the evolution of Canadian industrial policy, in effect, the transi tion from Fordism to Neoconservatism, and an assessment of Canada's future as a nation-state as it tries to find security and improved access in a free trade arrangement. Unless Canada takes steps to neutralize the asymmetry of power between itself and the United States through adjustment programmes, it is the contention of this thesis that its economic future is anything but stable.

The implications of being an international medical graduate (IMG) in Canadian society : a qualitative study of foreign-trained physicians' resettlement, sense of identity and health status

This qualitative research study used grounded theory methodology to explore the settlement experiences and changes in professional identity, self esteem and health status of foreign-trained physicians (FTPs) who resettled in Canada and were not able to practice their profession. Seventeen foreign-trained physicians completed a pre-survey and rated their health status, quality of life, self esteem and stress before and after coming to Canada. They also rated changes in their experiences of violence and trauma, inclusion and belonging, and racism and discrimination. Eight FTPs from the survey sample were interviewed in semi-structured qualitative interviews to explore their experiences with the loss of their professional medical identities and attempts to regain them during resettlement. This study found that without their medical license and identity, this group of FTPs could not fully restore their professional, social, and economic status and this affected their self esteem and health status. The core theme of the loss of professional identity and attempts to regain it while being underemployed were connected with the multifaceted challenges of resettlement which created experiences of lowered selfesteem, and increased stress, anxiety and depression. They identified the re-licensing process (cost, time, energy, few residency positions, and low success rate) as the major barrier to a full and successful settlement and re-establishment of their identities. Grounded research was used to develop General Resettlement Process Model and a Physician Re-licensing Model outlining the tasks and steps for the successfiil general resettlement of all newcomers to Canada with additional process steps to be accomplished by foreign-trained physicians. Maslow's Theory of Needs was expanded to include the re-establishment of professional identity for this group to re-establish levels of safety, security, belonging, self-esteem and self-actualization. Foreign-trained physicians had established prior professional medical identities, self-esteem, recognition, social status, purpose and meaning and bring needed human capital and skills to Canada. However, without identifying and addressing the barriers to their full inclusion in Canadian society, the health of this population may deteriorate and the health system of the host country may miss out on their needed contributions.

Multinational drug corporations, intellectual property rights and the Canadian state : a historical and critical analysis

This study critically analyzes the historical role and influence of multinational drug cotpOrations and multinational corporations in general; the u.s. government and the Canadian state in negotiating the global recognition ofIntellectual Property Rights (IPR) under GATT/NAFTA. This process began in 1969 when the Liberal government, in response to high prices for brand-name drugs amended the Patent Act to introduce compulsory licensing by reducing monopoly protection from 20 to seven years. Although the financial position ofthe multinational drug industry was not affected, it campaigned vigorously to change the 1969 legislation. In 1987, the Patent Act was amended to extend protection to 10 years as a condition for free trade talks with the u.s. Nonetheless, the drug industry was not satisfied and accused Canada of providing a bad example to other nations. Therefore, it continued to campaign for global recognition ofIPR laws under GATT. Following the conclusion of the GATTI Trade-Related aspects of Intellectual Property Rights agreement (TRIPS) in 1991, the multinational drug industry and the American government, to the surprise of many, were still not satisfied and sought to implement harsher conditions under NAFTA. The Progressive Conservative government readily agreed without any objections or consideration for the social consequences. As a result, Bill C-91 was introduced. It abandoned compulsory licenses and was made retroactive from December 21, 1991. It is the contention of this thesis that the economic survival of multinational corporations on a global scale depends on the role and functions of the modem state. Similarly, the existence of the state depends on the ideological-political and socioeconomic assistance it gives to multinational corporations on a national and international scale. This dialectical relation of the state and multinational corporations is explored in our theoretical and historical analysis of their role in public policy.

Foreign trained teachers : the emergence of the right to practise their profession in Ontario

The purpose of this thesis is to examine the impact of 2 recent legal events, specifically the Fair Access to Regulated Professions Act (2006) and Siadat v. Ontario College of Teachers (2007) decision, with regards to the opportunity of foreign trained teachers to practice their profession in Ontario. The emphasis is on the case of Fatima Siadat, who was a teacher in Iran but was unable to satisfy all the licensing requirements of the Ontario College of Teachers and consequently was unable to practise her profession in Ontario. When the Ontario College of Teachers Appeals Committee upheld the previous decision of the Ontario College of Teachers Registrar to refuse to issue her a teacher's certificate, Ms. Fatima Siadat decided to initiate a lawsuit. Ms. Fatima Siadat challenged the decision ofthe Ontario College of Teachers Appeals Committee by raising a question of applicability of human rights legislation (i.e., The Ontario Human Rights Code, 1990) on the Ontario College of Teachers' decisions. The Ontario Superior Court of Justice decided in January of2007 in favour of Ms. Fatima Siadat (Siadat v. Ontario College of Teachers , 2007) and ordered that her licensing application be reconsidered by the Ontario College of Teachers Appeals Committee. In this thesis the author argues that the Fatima Siadat decision, together with the Fair Access to Regulated Professions Act, 2006, will likely make a significant contribution to enhancing the access of foreign trained teachers and other professionals to practice their regulated professions in Ontario.

2003 AUCC Agreement

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