Dissertations / Theses on the topic 'Licences'
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Mysoor, Poorna. "Implied licences in copyright law." Thesis, University of Oxford, 2017. https://ora.ox.ac.uk/objects/uuid:8d5f4169-4f04-4e1f-9600-d93b6adbcd53.
Full textGiannopoulou, Alexandra. "Les licences 'creative commons'." Thesis, Paris 2, 2016. http://www.theses.fr/2016PA020054.
Full textThe widespread use of the Creative Commons licenses for the sharing of non-software works demonstrates the imperative to devote a study to the licenses in question. The goal of the study is to assess the current links of the licenses to the legal regime of intellectual property in order to suggest prospective ones. The study underlines the singularity of Creative Commons as a copyright management system, which consists of a series of licenses and is guided by an association promoting the sharing of works and by an ideology based on the autonomy of the authors. The premise of the thesis is founded on the variety of freedoms granted by the licenses. The licenses transform into a series of standardized tools that are gradually imposed as a standard for the sharing of works while relying on the rules of copyright. At the same time, the analysis of the consequences of the implementation of each license demonstrates the asymmetries created between the agents involved in the sharing process. In particular, our study shows that although the distinction between commercial and non commercial introduced by the licenses acts as a conciliation tool between the proprietary regime and that of the creative sharing, the introduction of an ambiguous concept - that of non-commercial use - influences the fate of licenses and complicates the evolutionary process of shared works. One way to resolve this tension proposed by our thesis is to review prospective mechanisms that would achieve a level of coordination between the licenses and copyright based on the founding principle of Creative Commons, which is the rebalancing of the interests involved in copyright
Houtmann, Marie Ange. "La notion d'usage de marque en droit comparé franco-allemand." Strasbourg 3, 1996. http://www.theses.fr/1996STR30011.
Full textOur work consists in studying the use of the trademark, either by its owner (part i), or by thirds (part II). The french trademarks law of 1964 and the german trademarks law of 1968, imposed the owner (part I) to use its trademark (title I), or else he can be punished (titel II). The trademark can also be used by thirds (part II). Its use may be illicit (title I). The illicit use can come from competitors or non competitors of the trademark owner. The use of somebody else's trademark may also be licit (titel II). Competitors or non competitors can be sometimes allowed to use somebody else's trademark, without being punished
Brown, Larianna. "Sustainable forestry and woodlot licences in BC." Thesis, University of British Columbia, 2006. http://hdl.handle.net/2429/31878.
Full textApplied Science, Faculty of
Community and Regional Planning (SCARP), School of
Graduate
Vacher-Roederer, Antoine. "Les licences internationales de droits de propriété intellectuelle : Contribution à la théorie du contrat de licence." Paris 2, 2007. http://www.theses.fr/2007PA020045.
Full textTahiri, J. H. Fatim-Zahra. "La protection de la marque en droit comparé franco-marocain à travers l'influence de la jurisprudence européenne." Perpignan, 2014. http://www.theses.fr/2014PERP1182.
Full textIn Morocco, as in France, launching a brand requires a legal framework to protect it. A brand’s protection procedure covers various aspects such as terms of validity, mandatory registration procedures and terms and conditions for rights transfer. This thesis about brand creation and development is the result of market analysis including e-commerce. With regards to e-commerce brand protection, a development strategy using internet domain names, while advantageous, also reveals many legal loopholes. Given the absence of a clear legal framework and the need to rely on case law to defend a brand, protection becomes a recurrent concern for owners. Once introduced to the market, a product can see its uniqueness undermined. Counterfeiting and unfair competition constitute the principal threat to a brand and one of the major means through which this occurs is fraudulent e-commerce; in addition to more conventional types of counterfeiting. But the latter, often tied to organized criminal networks, is fought using customs measures and international coordination. Globalization has given new meaning to the free-market economy and e-commerce brings new threats to brand protection. Brand protection in France has been strengthened, thanks to the close ties built between consumer rights and trademarks. Initially established through local laws and European case law, these ties gradually led to the establishment of European trademark laws. One feature is the idea of exhaustion of trademark rights, which can often predict the brands of the future. This analysis pleads for the strengthening of trademark/copyright laws in both countries with an emphasis on e-commerce
Bert-Erboul, Clément. "Les producteurs de contenus sous licences libres : engagements et coordinations." Thesis, Lille 1, 2014. http://www.theses.fr/2014LIL12027/document.
Full textPeople on the internet have a daily use of IT tools developed and broadcasted by other people who do not require compensation. Some of these tools are called free or open, meaning that their authors authorize, with specific licenses, their use and modification to all users.Most of the academic literature has so far explained this phenomenon through the economic hypothesis of the auto-regulated individual incentives. According to this approach, the contributors producing these free tools believe that their participation in collective projects have positive effects in the short and medium term on their professional careers. Based on a literature review and three empirical case studies (Sésamath, OWNI and VideoLan), our dissertation criticizes the hypothesis of individual incentives, and focuses on structure effects in the free licenses phenomenon. Our thesis highlights the importance of the substantive rationality and analyzes the activities of groups that produce free contents. We demonstrate that the existence of these organizations cannot be explained by the spontaneous activity of isolated individuals. The development and maintenance of these collectives are a social process involving off-line public and private organizations which influence online activity by their professional and legal rules
Fasquelle, Daniel. "La règle de raison et le droit communautaire des ententes." Paris 2, 1991. http://www.theses.fr/1991PA020119.
Full textThe rule of reason has been created by the american common law courts in order to evaluate the effect of the restraints of trade practices on the competitive process many authors have raised a debate about the opportunity of introducing the rule of reason in european competition law. There is also divergents interpretations of the decisions of the european court of justice since 1977 in the light of the rule of reason. The specificity of the european competion law renders the application of the rule of reason not desirable. On the other hand, it is possible to explain the court of justice's decisions without ressort to the american law. The study of the rule of reason is nevertheless interesting, because it induces a reflexion on the application of article 85 of the rome treaty
Estèves, Natacha. "Partager les brevets : étude des modèles ouverts en droit des brevets." Thesis, Paris, Institut d'études politiques, 2019. http://www.theses.fr/2019IEPP0048.
Full textIn 2014, Tesla Motors, electric cars manufacturer, decided to share its patents in the spirit of the open source movement. Tesla’s patented technologies are thus free to use for all those interested. If one can find this practice rather unusual, given the important investment made by a company to obtain a patent, this type of practice is, in fact, not surprising. Tesla's commitment not to oppose its patents is just one example of the open models for patent this thesis investigates. These open models, in which patentees choose to share them by giving the users the widest rights to use the patented inventions, reveal another use of patents, a usage that highlights the inclusive side of patents. These models are varied both in their structures, their functioning, and in the objectives they propose to achieve. They developed out of a need for innovators to cope with the drifts of the patent system (trolls, patent thickets, etc.). Thus, they enable innovators to maintain an environment more conducive to innovation, which ultimately society can benefit from. Some of these models, mainly developed in the United States, raise several questions about their implementation, both in their home country and on our side of the Atlantic. This thesis will therefore investigate, following the analysis of these original models, the various issues raised by the deployment of these open models
Knight, Simon. "Past childhood freedoms and licences : their contribution to emerging selfhood." Thesis, University of Strathclyde, 2015. http://oleg.lib.strath.ac.uk:80/R/?func=dbin-jump-full&object_id=25777.
Full textSattin, Jean-François. "Cadre institutionnel, licences de technologie et valorisation de la propriété intellectuelle." Paris 1, 2004. http://www.theses.fr/2004PA010042.
Full textMere, Philippe. "Evaluation financière d'une innovation dans le négoce de licence." Paris 1, 1993. http://www.theses.fr/1993PA010017.
Full textLicensing is the way for a patent owner to allow the working of his patnted process to a licensee who will ensure this working on a specific market. Like any commercial agreement, licensee contract encloses financial terms through two elements which are : - the cash, paid without delay from licensee to licensor - the royalty rate paid from licensee to licensor, based on the licensee turnover the input data of our model are : - the research and developpment amount - the quality of the innovation which is contain in the new product or process; this quality is determined by the patent report - the market study the algorithm which links the input data by a computtion takes care of the practices of the professional of this activity sector. Also, we have analyse the royalties as a share of the margin realise on this specific project by the licensee. This royalties rates in affected by the considerations of two elements which are : the patent force which is determined by the anteriority report and the patent age. The cash, will be determined by the delay time which is necessary to recover the research an developpment expenses. This model, wich elements and principales are the heart of a natural licensee commercial agreement between a technology seller and is potential buyer right also serves at the beginning of this transaction by supplying an objective values for the parties. In conclusion, we have worked on the patents valuation, which are a part of the intangible asset for a society
Tsakadi, Ayawa C. "L'accès à l'exploitation des droits de propriété industrielle par la voie contractuelle dans les pays de l'OAPI (Organisation africaine de la propriété intellectuelle)." Poitiers, 1999. http://www.theses.fr/1999POIT3004.
Full textSchoentgen, Aude. "La valorisation des investissements télécoms en Afrique sub-Saharienne." Thesis, Paris, ENST, 2015. http://www.theses.fr/2015ENST0010/document.
Full textThere is still scant knowledge in the economic and international business literature regarding two issues: - Valuation methods of modes of market entry and of investment by an international telecom operator, - The case of Africa as a host continent for these investments. The thesis deals with foreign investments in Africa in the telecom sector, focusing on two entry modes: license awards and acquisitions of local operators. Its objective is to demonstrate on what extent « local » factors (related to the host country and its local telecom market) have an impact on the valuation of these investments in sub-Saharan Africa. This work covers the issues of the strategic interest of these investments, the methods to valuate these investment opportunities, as well as the different factors to take into account in this valuation. A database has been developed, gathering all deals made by multinational operators in sub-Saharan Africa over 2000-2010. Several quantitative analyses have been conducted as from this corpus, in order to identify the determinants of deal amounts. This work demonstrates the lack of regularity and rationality in deals’ prices of the telecom sector in Africa
Edou, Edou Paulin. "Les incidences de l'Accord ADPIC sur la protection de la propriété industrielle au sein de l'Organisation africaine de la propriété intellectuelle (OAPI)." Université Robert Schuman (Strasbourg) (1971-2008), 2005. http://www.theses.fr/2005STR30016.
Full textThe aim of this report is to list the implications of the TRIPS Agreement for the protection of industrial property in sixteen African states, parties to the Agreement establishing the WTO and members of the African intellectual protection organization (OAPI). Due to the requirements of conforming their legislation to the TRIPS Agreement, these countries have had to carry out an in-depth revision of the Bangui Agreement of 2 March 1977, relating to the creation of OAPI. This text, the Code on intellectual property of the above States, has undergone significant changes due to this revision. The effect of the TRIPS Agreement on OAPI has also changed the internal legal structure of these states, particularly their institutions and their administrative and legal practices. Moreover, some of the dispositions of the TRIPS Agreement, strongly contested by developing countries with considerable social problems, are facing increasingly hostile reactions from the populations and governments of the States. The requested demands in this respect by theses last have led to the Doha Declaration (Qatar) on the TRIPS Agreement in its relations on public health, of November 2001. The contents of this Declaration and the decisions which it brought about may lead to a renegotiation of the revised Bangui Agreement or the adoption of internal measures by Member states
Abello, Alexandra. "La licence, instrument de régulation des droits de propriété intellectuelle /." Paris : LGDJ-Lextenso éd, 2008. http://catalogue.bnf.fr/ark:/12148/cb41283307k.
Full textChevalier, Arthur. "Optimisation du placement des licences logicielles dans le Cloud pour un déploiement économique et efficient." Thesis, Lyon, 2020. http://www.theses.fr/2020LYSEN071.
Full textThis thesis takes place in the field of Software Asset Management, license management, use rights, and compliance with contractual rules. When talking about proprietary software, these rules are often misinterpreted or totally misunderstood. In exchange for the fact that we are free to license our use as we see fit, in compliance with the contract, the publishers have the right to make audits. They can check that the rules are being followed and, if they are not respected, they can impose penalties, often financial penalties. This can lead to disastrous situations such as the lawsuit between AbInBev and SAP, where the latter claimed a USD 600 million penalty. The emergence of the Cloud has greatly increased the problem because software usage rights were not originally intended for this type of architecture. After an academic and industrial history of Software Asset Management (SAM), from its roots to the most recent work on the Cloud and software identification, we look at the licensing methods of major publishers such as Oracle, IBM and SAP before introducing the various problems inherent in SAM. The lack of standardization in metrics, specific usage rights, and the difference in paradigm brought about by the Cloud and soon the virtualized network make the situation more complicated than it already was. Our research is oriented towards modeling these licenses and metrics in order to abstract from the legal and blurry side of contracts. This abstraction allows us to develop software placement algorithms that ensure that contractual rules are respected at all times. This licensing model also allows us to introduce a deployment heuristic that optimizes several criteria at the time of software placement such as performance, energy and cost of licenses. We then introduce the problems associated with deploying multiple software at the same time by optimizing these same criteria and prove the NP-completeness of the associated decision problem. In order to meet these criteria, we present a placement algorithm that approaches the optimal and uses the above heuristic. In parallel, we have developed a SAM tool that uses these researches to offer an automated and totally generic software management in a Cloud architecture. All this work has been conducted in collaboration with Orange and tested in different Proof-Of-Concept before being fully integrated into the SAM tool
Hayat, Flora. "Production des biens communs numériques et usages cartographiques." Thesis, Université de Paris (2019-....), 2019. http://www.theses.fr/2019UNIP7135.
Full textThis thesis focuses on the commercial cartographic use of the OpenStreetMap (OSM) free database. The use of a database produced by anonymous contributors, possibly not experts in geographical information (GI) and not bound by any quality commitment, raises questions. This new situation reveals major public interest issues such as the access to GIs. Each contributor strives to follow the same methods, developed collectively, to describe permanent objects in the public space while collecting information that is of interest in their practice. We point out that the database presents strong heterogeneity in data quality and density according to the types of territory. From this observation we explain that the production of maps, taking as source OSM, is possible when the entire technical and social system of the OSM community is taken into account in the creation process. Therefore we are therefore studying the ecosystem that supports this production and the dissemination’s methods of the database. Our analyses allow us to foresee either a future that respects the project or, on the contrary, its alienation. Our research was conducted as part of a corporate contract, so we were led to question the paradigm shift related to cartographic design and the realization of a contributory database, free (in its modeling and production) and distributed under an open license, while respecting the tacit agreement between the map reader and its producer that editorial selection is not dictated by an information deficit
Janin, Lionel. "Concurrence et régulation : mise en oeuvre et effets de politiques publiques en France." Paris, Télécom ParisTech, 2011. https://pastel.archives-ouvertes.fr/pastel-00683497.
Full textThis thesis examines the effect of public policies on the functioning of competitive markets. It addresses one issue of competition policy and one issue of sectoral regulation. The first part of the thesis focuses on merger control: it first examines the effects of mergers on the prices of goods, and then the decision of the competition authority is endogenised. The first article examines whether one of the objectives justifying the existence of competition policy - the enhancement of consumer surplus - is achieved in practice for merger control. Using French multi-sectoral data, the effects of mergers on the prices of goods and services in the relevant sectors is estimated. In a second article, the decision of the competition authority is examined through an empirical analysis of the determinants of the opinions of the French Competition Council on mergers. The second part of this thesis deals with a regulation question: how restrictions on free entry are valued by the actors on the market, because of the anticipated profits. The determinants of this value are then estimated. This question is addressed in two situations: first, the value of the so called “digital dividend”, which corresponds to the spectrum released by the extinction of analogue broadcasting of television, then the value of a taxi license. The elasticity of the licence value to the number of granted licenses is estimated
Gosset, Alexandra. "L'obligation de garantie : étude théorique et pratique en matière de brevet, marque et droit d'auteur." Montpellier 1, 2007. http://www.theses.fr/2007MON10008.
Full textThis study analyses implied and express warranty in matters of patents, trademarks and copyrights; matters all related to intellectual property and whose economic meaning is large. Warranty clauses included in contracts for sale or license contracts must enable the creditor to fully work the rights and be entitled to do so. Hidden defects warranty and save harmless clause warranty ensure it is so in both cases. For historical grounds (the Law recognized intellectual property only late) articles of Law regarding warranty only deal with tangible assets. To refer to the Law on warranty which was designed for physical assets and apply it to a warranty on intellectual property can prove difficult, as much in terms oflatent defects as in terms of save harmless clause. The theoretic implied warranty shows some weaknesses that a more pragmatic express warranty manages to overcome under some conditions. Contract clauses, which often detail and sometimes modify the implied warranty, enable buyers ofrights and licensee to benefit from a fourthousand-year-old institution: the warranty
Stacho, Marek. "Licenční smlouvy na internetu pro díla k bezúplatnému použití." Master's thesis, Vysoká škola ekonomická v Praze, 2008. http://www.nusl.cz/ntk/nusl-10344.
Full textDysart, Thomas. "Systems within systems : free and open source software licences under German and United States law." Thesis, University of Oxford, 2017. http://ora.ox.ac.uk/objects/uuid:4632118c-1ef6-47b9-ac89-2b3c7889f881.
Full textMba, Rose Chantal. "La protection des inventions en droit de L'OPAI : Organisation Africaine de la Propriété Intellectuelle." Lyon 3, 2004. http://www.theses.fr/2004LYO33011.
Full textFerron, Christian. "L'extension contractuelle du droit d'auteur par le biais de licences d'utilisation : analyse de la situation canadienne." Thesis, McGill University, 2007. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=112601.
Full textUnder copyright law, the most important remedies are definitely the copyright balance and exceptions imperativity and the copyright misuse doctrine. Private law can already be used to intervene under the true and informed consent requirements, the Consumer Protection Act specificities and the abuse of right theory.
Lynch, Joyce C. "Petroleum licences/contracts : force majeure and renegotiation issues in relation to the recent oil price collapse." Thesis, University of Glasgow, 1987. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.240693.
Full textSchoentgen, Aude. "La valorisation des investissements télécoms en Afrique sub-Saharienne." Electronic Thesis or Diss., Paris, ENST, 2015. http://www.theses.fr/2015ENST0010.
Full textThere is still scant knowledge in the economic and international business literature regarding two issues: - Valuation methods of modes of market entry and of investment by an international telecom operator, - The case of Africa as a host continent for these investments. The thesis deals with foreign investments in Africa in the telecom sector, focusing on two entry modes: license awards and acquisitions of local operators. Its objective is to demonstrate on what extent « local » factors (related to the host country and its local telecom market) have an impact on the valuation of these investments in sub-Saharan Africa. This work covers the issues of the strategic interest of these investments, the methods to valuate these investment opportunities, as well as the different factors to take into account in this valuation. A database has been developed, gathering all deals made by multinational operators in sub-Saharan Africa over 2000-2010. Several quantitative analyses have been conducted as from this corpus, in order to identify the determinants of deal amounts. This work demonstrates the lack of regularity and rationality in deals’ prices of the telecom sector in Africa
Meyrueis-Pebeyre, Celine. "La cession d'invention brevetée." Université Robert Schuman (Strasbourg) (1971-2008), 1991. http://www.theses.fr/1991STR30012.
Full textThe assignment is a voluntary conveyance of a patented invention, offered for valuable consideration, like a sale. Thus assignment of a patent differs from a know-how discovery agreement. The codified civil law must be put in force. Nevertheless, in respect of the intangible nature and exclusive right of patent, the codified civil law has to be adapted. The patent grants to the patentee an exclusive right to use the invention that appears to be a restraint of trade and commerce. The assignment that conveys to the assignee the exclusive right, is an agreement which cannot comply with the french or european economic community antitrust law. Moreover, the territorial scope may be restricted to a specified part of france or to a country member of the european economic community when the assignor owns different patents for the twelve common market countries. Four usual requisites are required of a valid contract: the contracting parties'intention, their capacity, the subject-matter and the cause. But the instrument must be written and recorded to the patent office to act as a constructive notice to a third party. Assignment conveys the patented invention and the exclusive right indeed patent relating to improvements except the inventor's inalienable right indeed the one-year priority period. Assignment puts the contracting parties under privity in deed. The assignor has to allow the use of the patented invention. He has to idemnify the assignee from the industrial developments of the invention, the existence and validity of the patent and to pay income. The assignee must pay the price even use the invention and can write off the price for depreciation
Sebola, Tshepo. "The case for community consent as a requirement for the award of mining licences in South Africa." Diss., University of Pretoria, 2017. http://hdl.handle.net/2263/65719.
Full textMini Dissertation (LLM)--University of Pretoria, 2017.
Public Law
LLM
Unrestricted
Pietola, Matias. "Essays on Pricing and Competition." Thesis, Toulouse 1, 2020. http://www.theses.fr/2020TOU10011.
Full textThe thesis consists of an introduction and three self-contained chapters. The first and the third chapters analyze the interaction between competition and cooperation, whereas the second one is about pricing and incentives. Motivated by recent antitrust cases in the pharmaceutical industry, the first chapter studies the interplay between pay-for-delay settlements, licensing deals and litigation. The analysis highlights the externalities that they generate: pay-for-delay settlements reduce competition, which encourages entry; licensing and litigation make entering less profitable. Faced with multiple entrants, the incumbent exploits these externalities by offering licensing deals to some entrants or by pursuing litigation in order to decrease the cost of delaying contracts offered to others. The number of delayed entrants increases with patent strength. Entrants without pay-for-delay settlements pursue litigation for patents of intermediate strength; otherwise, they receive licensing deals. The second chapter studies the conditions under which an intermediary can decentralize the pricing decisions of a transaction to privately informed parties. The analysis shows that decentralized pricing is both necessary and sufficient for ex post incentive compatibility if the parties have negatively interdependent transaction values (as is often the case in transactions between buyers and sellers: an increase in the quality of the good makes purchasing it more attractive, but increases the seller’s opportunity cost). On the contrary, with positive interdependence, we obtain a negative result. The results provide new insights into robust trading mechanisms, the equivalence between Bayesian and dominant strategy implementation, tax incidence, and pricing in two-sided markets. The third chapter studies advertising sales’ cooperation between media platforms (television or radio channels, newspapers, etc.) that compete over content offered to consumers. A sales representation agreement, whereby one of the platforms delegates its advertising sales to another platform, in exchange for a fee per subscriber, not only increases the price of advertising, but also reduces content investment. Revenue sharing leads to even less content investment, as the platforms free-ride on the content paid by the other
Brocas, Isabelle. "Information, réglementation et recherche et développement." Toulouse 1, 1997. http://www.theses.fr/1997TOU10048.
Full textWe study from a normative viewpoint several issues related to the regulation of research and development. Chapter 1 is a survey of the literature which emphasizes the basic characteristics that the regulator has to take into account when he proposes a contract to one or several innovators. Chapter 2 analyzes the optimal contract between the regulator and an innovator who faces a limited liability constraint. The firm's activity is divided into a research stage that may lead to a discovery, a development stage if the discovery took place and the implementation of a project. We show that the presence of a limited liability constraint induces distortions in the decisions relative to the first best solution. Chapter 3 studies the optimal allocation of a good when its acquisition by one agent exerts a negative externality on the others. We model an auction procedure and show that the seller induces full entry and maximal expected revenu when he can use strong threats. However, under limited commitment, the procedure entails screening of agents with low valuations and a trade-off between reserve prices and entry fees. In chapter 4, we characterize incentive contracts for ex ante research and ex post licensing. We show that regulation is socially optimal. The last chapter focuses on a cooperation procedure. We highlight that sharing of skills among team members induces endogenous synergies which improve both the probability of success and the social welfare
Tatsos, Patrice. "Utilisation d’une ontologie différentielle pour l’élaboration de licences d’exploitation de contenus numériques : du formalisme à la transparence cognitive." Reims, 2007. http://theses.univ-reims.fr/exl-doc/GED00000732.pdf.
Full textDigital Rigths Management (DRM) systems appear quite recently. They aim to use the rights expression languages (REL) to express and manage the rights of use for exchanging contents. Each DRM has his own REL. Unfortunatly, those differents languages are not interoperables,that is to say that the rightholders have to express for one content a license for each device (each device has his own DRM : PCuse Windows DRM, mobiles use OMA DRM, Ipod use Apple DRM…). To help rihgtholders to express liceses only once, we use a differential ontology to define a REL with is generic. This ontology of licenses is then used to translate the licences expressed by our REL into RELs. This thesis deals about the way to use the ontolgy (wich is a formal object) to generate licenses. We start from a formal structure to define a dynamic dialog with users. Using the semantics, and the differential ontology principles of the ontology, we infor and lead the user, so he can express his licence and translate it into the REL chose
Genty, Laurence. "Les modes d'assignation des licences hertziennes : quelques éléments pour éclairer le débat sur l'introducton de l'UMTS en France /." Paris : École nationale supérieure des télécommunications, 2000. http://catalogue.bnf.fr/ark:/12148/cb37215954h.
Full textTatsos, Patrice Rousseaux Francis. "Utilisation d'une ontologie différentielle pour l'élaboration de licences d'exploitation de contenus numériques : du formalisme à la transparence cognitive." Reims : S.C.D. de l'Université, 2007. http://scdurca.univ-reims.fr/exl-doc/GED00000732.pdf.
Full textMansur, Murad Schaal Flavia. "Le nom et l'image de la personne, objets de marque : le droit brésilien face aux droits français et communautaire." Thesis, Université de Lorraine, 2012. http://www.theses.fr/2012LORR0407.
Full textThis study develops marketing aspects, as well as law issues connected with the use of the name of a person as well and/or its image, as a trademark of products or services.In law, we know that the trademark is an industrial property right and when it is composed by the name of a person or by it's image, these rights touch another area of the law: personal rights connected with the identification of the person. It is an individual right which shall not purely and simply be treated like a commercial good like any other. However the name and the image of certain people have such an economic importance, and a special value, that their exploitation becomes one of the most considerable assets of its owner.The trademark will be observed on the marketing side in a manner to attract the clients, and then be developed according to the law aspects and to the personal civil rights, real rights and its forms of exercise.A deeper study of the personality rights and the trademark law is essential to understand this intersection of protection as well as the limits of exploitation.France and Brazil develop this issue in a very similar way and, mainly in Brazilian law, we notice a very important influence of French law in the subject matter. The procedure, prosecution and litigation aspects as well as the counterfeiting are also being developed, as well as the unfair competition, abusive use of third parties' personal rights, protection and exploitation
Fonseca, Tinoco Karlo. "Les licences des droits de propriété intellectuelle à l'épreuve de l'intérêt général : une étude de droit brésilien, français et européen." Thesis, Strasbourg, 2014. http://www.theses.fr/2014STRAA020.
Full textConcerns for the public interest do not only shape the granting of industrial property rights, but also impose limitations on exploitation of such rights by owners and have an impact on how owners exercise their rights. The consideration of the public interest related to licensing of industrial property rights is not the same in Brazilian, French and European Union laws. Comparative study of the French and European practices in this field can be used to aid Brazilian lawyers in criticizing and considering new elements to challenge the current screening system of license agreements inBrazilian law, proposing the adoption of a contractual freedom-oriented system. This thesis undertakes an analysis of French and European Union laws, which allows us to take into consideration Brazilian competition law as a mechanism to control industrial property licenses without prejudice to public interest
Boisson, Alexis. "La licence de droit d'auteur." Electronic Thesis or Diss., Montpellier 1, 2011. http://www.theses.fr/2011MON10063.
Full textIn the field of the author's right (a concept with a controversial identity), the nature and regime of many contracts is a subject for debate. A traditional but somehow uncertain terminology has often led to infer the originality of most of these contracts. However, this peculiarity is only apparent. From literary publishing to audiovisual contracts through creations published on networks, not only can the author of a work "assign" it – as stated by the law – but also rent it, or in other words license it – even though the law does not state it. This observation rests on a renewed reading method applied to the author's right contracts. Focusing on some of these contracts (e. g. books publishing, audiovisual production, etc.), mandatory copyright law hindered the study of license itself, i. e. the act by which an author authorizes the exploitation of his work for a fixed time. License is a special contract in the field of author's right ; it is also a basis element in a complex agreement designed to organize an exploitation. These two objects should therefore be distinguished and their interactions thoroughly analysed. A "special" right, the author's right nevertheless proves able to host (to a certain extent) the typical process of contract right – a "common" right. The present study aims to attain a better understanding of a complex matter, the author's right contracts, not forgetting the main purpose of the law itself : the protection of the author
Kremer, Florence. "Le rôle stratégique des marques de distributeurs dans les relations producteurs-distributeurs sur les marchés de biens de grande consommation." Université Robert Schuman (Strasbourg) (1971-2008), 2000. http://www.theses.fr/2000STR30029.
Full textThe constant growth of store brands in North America and Europe over the past twenty years confirms that they have gained the status of major competitors to products branded by well-known manufacturers usually referred to as " national brands ". While past research has mainly focused on the determinants of the success of store brands, we propose a theoretical framework that investigates the impact of their growth on the market structure. Both the interdependence amongst differentiated products and the vertical interaction between a retailer and two producers are taken into account. This allows some understanding of the effect store brands have on competition among national brands and how this may enhance the retailer's profitability. Results reveal that the strategic role of the store brand may be twofold. By taking the offensive to improve the quality of his store brand, the retailer increases price competition in the product category and benefits from lower wholesale prices. In the case that the terms of trade worsen for the retailer, the store brand plays a more defensive role. We show that a higher sales volume of the store brand compensates for the loss of a retailer whose relative bargaining power decreases. Empirical analyses conducted on retail scanner data for 21 product categories and 384 stores give support to these findings. We in particular observe in half of the categories a negative relationship between the market share of the store brand and the concentration of national brands, showing that store brands threaten not only secondary brands but also the leading national brands
Muselli, Laure. "Du non marchand au marchand : l'open source comme outil stratégique : choix de licences, business models et stratégies des éditeurs de logiciels." Paris 13, 2006. http://www.theses.fr/2006PA131014.
Full textOur thesis analyses the use of Open Source licenses, with the aim of highlighting the fundamental role of the license in software publishers’ strategies. We present the choice of clauses of the license as a strategic tool used by publishers. Through this choice, they modulate the regime of appropriability applied to their software, thus fixing the conditions of income as well as usage value creation (through product diffusion and possible cooperation of user communities). We distinguish between strategies of openness and open source strategies. The latter establish what we describe as a “regime of inappropriability”, favorable to usage value creation, but requiring the implementation of specific business models to generate an income. Finally, through a case study of the company IdealX, we present an original business model founded on the principle of mutualisation
Gonçalves, Daniel Domingues. "Creative commons: os limites da lei na regulação de direitos autorais." Universidade Federal de Juiz de Fora, 2016. https://repositorio.ufjf.br/jspui/handle/ufjf/1764.
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Este estudo procura analisar a adequação do sistema de licenciamento de direitos autorais desenvolvido pela Creative Commons Foundation ao Direito Autoral Brasileiro. Procura ainda o estudo compreender quais os possíveis contornos jurídicos de uma cultura cada vez mais colaborativa em relação à produção de conteúdo e licenciamento. Por fim, tenta determinar quais as consequências e possíveis necessidades de adequação da legislação brasileira necessárias frente à uma nova dinâmica de relações jurídicas. Expondo o conteúdo das licenças Creative Commons, será analisado o conteúdo jurídico das mesmas, bem como dados estatísticos da distribuição das licenças, quem as usa, como as usa e ainda quais as tendências apontadas a partir dos dados. Com fundamento no Marco Teórico do “Direito Como Integridade” na obra de Ronald Dworkin, a presente dissertação traz os resultados pesquisa, que consistem em uma comparação do comportamento habitual dos usuários das obras autorais licenciadas sob o Creative Commons, em relação à proposição legislativa do sistema jurídico brasileiro, e quais as possíveis consequências jurídicas e necessidades de atualização legislativa, tendo em vista essa nova dinâmica de produção e comercialização de conteúdo em ambiente virtual.
This study aims to examine the adequacy of the copyright licensing system developed by Creative Commons Foundation to Brazilian copyright laws. Also, the study intends to understand what possible legal contours of an increasingly collaborative culture in the production of content and licensing. Finally, it tries to determine what are the consequences and possible adaptation needs of the Brazilian legislation towards a new dynamic of legal relations. By exposing the contents of the Creative Commons licenses, it will analyze the legal content of the same, as well as statistical data on the distribution of licenses, who uses them, how they are used and also what the trends identified from the data. Based on the theoretical framework of "Law as Integrity" from the work of Ronald Dworkin, this dissertation brings the research results, which consist of a comparison of the usual behavior of users of copyrighted works, licensed under Creative Commons, in relation to the legislative proposal of the Brazilian legal system, and what are the possible legal consequences and legislative updating needs regarding the new dynamics of production and marketing of content in a virtual environment.
Pinheiro, Larissa Franco de Mello Aquino. "A construção de um problema social : o caso do "pó preto" e seu debate nas audiências públicas de licenciamento ambiental em Vitória/ES." Universidade Federal do Espírito Santo, 2012. http://repositorio.ufes.br/handle/10/5839.
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An overview of the construction of an old social problem which is the air pollution generated by the enterprises located at Ponta do Tubarão and its effect on the city of Vitoria is presented. Fruit of the great developmental projects installed in the city from the 1960s on, such problem brings certain risks that have already met opposition by the population. In this topic, the targets of the analysis were the public hearings for environmental licensing which took place in Vitoria (ES) when there was a Production Expansion in Vale s Complex of Pelletizing (Plant VIII), in 2006, departing from the idea that they are public arenas where different social actors (State, businesses, and society to be impacted), who support distinct interests such as rationality, values, and projects related to the dispute for a social space, confront each other. It was investigated the way this form of social mobilization happen in the political arena that is called public hearings, that is, the way a social problem becomes visible and an object of mobilization. It was observed that the several social actors who take part in the public arena contend for spaces to broadcast their speeches and to position themselves in regard to the issues, thus revealing distinct discursive capacities, which become a differential in power in relation to each other
Será apresentado um panorama da construção de um problema social antigo, que é a poluição do ar gerada pelos empreendimentos situados na Ponta de Tubarão e sua relação com a cidade de Vitória. Fruto dos grandes projetos de desenvolvimento instalados na cidade, a partir do final da década de 1960, tal problema traz consigo riscos que começaram há muito ser contestados pela população. Nesse quesito, foram tomadas como objeto de análise as audiências públicas de licenciamento ambiental que ocorreram em Vitória, ES, quando houve a Expansão da Produção do Complexo de Pelotização da Vale (Usina VIII), em 2006, partindo da ideia de que são arenas públicas, onde se defrontam diferentes atores sociais (Estado, empresas, sociedade a ser impactada) que são portadores de distintos interesses, racionalidades, valores e projetos relacionados a um espaço social (e ambiental) em disputa. Foram investigadas, a partir desse recorte, as formas de mobilização social nessas arenas políticas denominadas audiências públicas, ou seja, como um problema social ganha corpo e se torna objeto de mobilização. Observou-se que os diversos atores sociais que participam dessa arena pública disputam espaços para evocar os seus discursos e se posicionar a respeito do problema em questão, revelando capacidades discursivas distintas, as quais se tornam um diferencial de poder na relação entre os mesmos
Alanzi, Abdulsalam. "L'OMC, les pays membres du Conseil de coopération du Golfe arabe et la protection de la propriété intellectuelle." Université Robert Schuman (Strasbourg) (1971-2008), 2005. http://www.theses.fr/2005STR30004.
Full textThe purpose of this thesis to study the compatibility of the protection of intellectual property rights in the Cooperation council for the Arab states of the Gulf with the Trade related intellectual property agreement of the World trade organization (the Trips agreement of the WTO). Renowned in the past as being a haven for pirated and counterfeited goods from Asia, the Gulf countries remained for years in top position in the famous US Trade representative's special 301 list. The lak of an appropriate law to protect intellectual property rights had often been denounced as being an incentive for piracy and counterfeiting. Nevertheless, there has been some significant improvement in all these areas over the past few months. First, the Gulf Co-operation council respected the general protection of the intellectual property of the Trips agreement by their tender to the general provisions, basic principles and their respected to enforcement of intellectual property rights. Secondly the Gulf Co-operation council respected the special protection of the intellectual property of the Trips agreement, the Gulf Co-operation issued a new laws for copyright, patent, trademarks and designs and industrials models. On the legislative level, most of GCCA countries still have to enact provisions to protect the layout-designs (topographies) of integrated circuits, geographical indications and protection of undisclosed information to fully comply with requirements of the Trips agreement
Koberová, Michaela. "Autorské právo ve školách." Master's thesis, Vysoká škola ekonomická v Praze, 2013. http://www.nusl.cz/ntk/nusl-192896.
Full textMartins, Abreu Luis Carlos. "Essays in Applied Economic Theory of Online News and Networks." Thesis, Toulouse 1, 2022. http://www.theses.fr/2022TOU10015.
Full textThe first chapter of this thesis considers an ad-financed media firm that chooses the ideological location of its news and targets consumers who can share the news with their followers on social media. After studying how each targeted consumer's incentive to share the news is shaped by the location of the news and the distribution of her followers’ ideological locations, we study the firm's strategy to maximize the breadth of news sharing and find that when the mean (respectively, the variance) of the followers' ideological locations is a convex (respectively, concave) function of a targeted consumer's location, the firm is likely to produce polarized news.In the second chapter, we consider a monopoly platform providing a continuum of vertically differentiated content and study the design of the optimal screening contracts when consumers have binary types. A contract specifies a set of content, a price and whether or not the content consumption is subject to advertising. We distinguish top-down content allocations from bottom-up allocations and allow for informational bundling of a content set. We find that advertising can induce the platform to use bottom-up allocation for low-type consumers while subscription-based contracts always use top-down allocations. Advertising tends to induce the platform to expand the amount of content consumed by resorting to informational bundling, which increases consumer surplus. When content consumption cannot be subsidized by a negative price, the platform may find it optimal to offer a freemium contract, which expands (reduces) the consumption set, relative to the case of consumption subsidy, for bottom-up allocations (top-down allocations) and thereby increases (reduces) consumer surplus. Finally, when high types experience larger ad nuisance than low types, the platform may have a socially excessive incentive to show advertising to low types in order to extract the information rent of high types.In the third chapter, we study equilibrium patent licensing networks that arise among symmetric competing firms. We consider licensing agreements that cannot specify royalties but can use fixed fees and focus on bilaterally-efficient networks. We find that the complete network, which generates the most competitive outcome is always bilaterally efficient. When there are three symmetric firms, we provide a complete characterization of all bilaterally-efficient licensing networks. When patents are independent, we find that the star network leading to monopoly is never bilaterally efficient. In particular, when the cost reduction from patent is large enough, there is a big contrast: although a multilateral licensing agreement allows the firms to implement the monopoly outcome, the complete network is the unique bilaterally-efficient network. We provide a general condition under which the complete network is both the unique bilaterally-efficient outcome and the unique industry-profit-maximizing outcome for any given number of firms. Our results offer clear-cut policy implications in favor of fixed-fee licensing relative to two-part tariff licensing including royalties
Reina, Domingo Degnirol Christine. "Etat des lieux dans le domaine du diagnostic du VIH les principaux acteurs, les brevets déposés, les licences et accords entre sociétés /." [S.l.] : [s.n.], 2003. http://www.enssib.fr/bibliotheque/documents/dessride/rrbreina.pdf.
Full textBoisseau, Etienne. "Open-Design. Modélisation du processus de conception ouverte dans le cadre du développement de produits tangibles." Electronic Thesis or Diss., Paris, ENSAM, 2017. http://www.theses.fr/2017ENAM0032.
Full textOpen-source revolutionized the software industry through a public, decentralized, and asynchronous development paradigm that fosters collaboration among peers. New practices and stakeholders disrupted the designingprocess, yet led to industrial successes. Due to the digitalization and democratization of the designing process, this approach now spreads to thedevelopment of tangible artifacts. This is open-design.However, open-design currently appears as an umbrella term that encompasses from amateur do-it-yourself projects to sector-scale industrialcollaborations. It is not clear either, how these practices relate to existing designing approaches. Finally, little knowledge about the open-design processis formalized. This impedes the development of adequate tools for helpingpractitioners to make the most of it.Therefore, we investigated how to model the open-design process in thedevelopment of tangible products. First, we developed a typology of open-design practices based on a systematic search and review of the scientificliterature. Then, we selected one of the types identified and modeled thedifferent facets of the designing process (activities carried out, stakeholdersinvolved, and boundary objects used) in this context, using a groundedtheory-based approach.Through our literature review, we mapped open-design in relation to existing designing approaches, and to coined a new definition thereof. Based on624 papers indexed in the Scopus database, we identified three types of practices — do-it-yourself, meta-design, and industrial ecosystem — which arerelated to the status (professional or amateurs) of the processes’ stakeholders and addressees. We also constructed two models of the ‘do-it-yourselfopen-design’ process using semi-directive interviews of 11 project leaderswho took part in the PoC21 innovation camp. They depict open-design as adesigning process influenced by both open-source software developmentand amateur design. We tested the quality of our models and our modelingmethod via statistical analysis.This study aims to be a cornerstone for future research on open-designby providing an overview of practices linked to this phenomenon. Ourdescriptive models should serve researchers for providing practitioners ofopen-design projects with relevant tools and methods. Our modeling methodcould also be applied in other contexts to formalize uninvestigated designingpractices
Bouguezzi, Fehmi. "Concurrence, Innovation et Choix Optimal de Licence de Brevet." Thesis, Nice, 2014. http://www.theses.fr/2014NICE0028.
Full textWe study in this thesis technology transfer through patent licensing in a Hotelling mdel, a Salop model and a two dimensionnal model. We find that the optimal licensing regime depends on the costs, on the size of the innovation and the geographic model of consumers locations. We show that a fixed fee can be optimal in a two dimensionnal model and that royalty licensing can be optimal even for a drastic ennovation in a Hotelling model with asymmetric costs and ineficient patent holder
Filion, Michel. "Les marchands de fourrures canadiens au XVIIIe siècle à travers les congés de traite, les licences de commerce et les engagements pour l'ouest." Thesis, University of Ottawa (Canada), 1985. http://hdl.handle.net/10393/4664.
Full textSaeed, Alan Ali. "'Liberties and licences' : gender, stream of consciousness and the philosophy of Henri Bergson and William James in selected female modernist fiction 1914-1929." Thesis, Brunel University, 2015. http://bura.brunel.ac.uk/handle/2438/13582.
Full textKaridis, Georges. "Les Licences de brevet et de savoir-faire et les règles du droit français et communautaire de la concurrence : essai d'une approche comparative." Paris 1, 1991. http://www.theses.fr/1991PA010260.
Full textThe object of this study covers a greatest area of variable questions. The first question, concerning the patent's licensing, have been extremely presented and treated, in particular at the level of the european antitrust law. But about the know how licensing agreements, the object presents an actuality and a current interest. The main question is to detec whether the know how licensing can be treated in a way comparative to the patent licensing or it can be examinated in a more restrictive way. From this study, it appears that the commission of the european communities has finally selected the convergent treatment of these contracts. Concerning the comparative study of the application of french and community antritrust law in these contracts, this study presents a double interest. Firstly, this research can give the possibility to demonstrate if the french law disposes the theoritical means, necessary to approach the community antitrust law in this area. What about the second interest, it can be noted that, having seen the specific relations between the french and community antitrust laws, it is interesting to examine if and in what degree the french competant authorities affirm the direct uniform application.
Roudard, Isabelle. "Les Licences exclusives de brevet en droit français et allemand, et leur approche par le droit communautaire concurrence et libre circulation des marchandises /." Lille 3 : ANRT, 1988. http://catalogue.bnf.fr/ark:/12148/cb37618150b.
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