"Mémoire présenté à la Faculté des études supérieures en vue de l'obtention du grade de maîtrise en droit, option recherche" / In the past decade, we have seen a resurgence of patent pools. These pools have emerged in our high-tech world to overcome a number of transaction costs involved in assembling patents necessary for the creation of new technologies. While patent pools can be pro-competitive; they can also present a number of anti-competitive features, such as sheltering collusion and eliminating competition between rival firms. This has been said to explain the enormous swings in the analytical approach of enforcement agencies with respect to patent pools. The introduction of the Antitrust Guidelines for the Licensing of Intellectual Property by American competition authorities marked an important shift in patent pool enforcement, reflecting the view that intellectual property and competition law are actually complementary, both seeking to enhance innovation as well as competition. Based on these Guidelines, enforcement agencies' identified potential problems and have offered a number of guiding principles and recommendations - in the form of Business Review Letters - to help pooling parties avoid running afoul of competition law. A review of some of these guidelines reveals that following them indiscriminately, without regard to the particular circumstances, can in fact have a negative impact on innovation and industry. Four areas where a clarification and refinement of policy are necessary are highlighted; namely, the essentiality doctrine, pool, independent licensing and grantback clauses. We maintain that guidance from the competition authorities is too rigid, and that a more carefully tailored approach is necessary to achieve an optimal outcome in both competition and innovation. / Au cours de la dernière décennie, nous observons une renaissance de l'institution des communautés de brevets (patent pools), constitués pour surmonter les coûts afférents a la réunion des brevets nécessaires pour la création des nouvelles technologies. Bien que ces communautés de brevets en général favorisent la concurrence, elles peuvent aussi avoir des effets anti-concurrentiels, entre autre, en permettant la collusion et l'élimination de la concurrence entre compagnies rivales. On a dit que ceci explique les étonnantes oscillations dans l'approche analytique qu'ont adoptée les organismes d'application à l'égard des communautés de brevets. L'introduction des Antitrust Guidelines for the Licensing of Intellectual Property par les autorités de la concurrence américaines marque un point tournant dans l'analyse des communautés de brevets, reflétant le fait que les lois de la propriété intellectuelle et celles de la concurrence sont, en réalité, complémentaires en ce qu'elles tendent toutes les deux à améliorer l'innovation et la concurrence. Se basant sur ces lignes directrices, les agences ont identifié les problèmes potentieis et ont offert un certain nombre de directives et de recommandations sous forme de lettres de revue (Business Review Letters) pour aider ceux qui entendent constituer des communautés de brevets à éviter d'enfreindre la Loi. Toutefois, une révision de certaines de ces lignes directrices démontre que, suivies d'une façon inconsiderées, sans égard aux circonstances particulières, elles peuvent avoir un impact négatif sur l'innovation et l'industrie. Quatre sections ont été mises en évidence où les règles doivent être clarifiées et nuancées, à savoir la doctrine de l'essentialité, les droits d'exclusivité, les services indépendants délivrant les licences et les clauses de rétrocession. Nous soutenons que les règles adoptées par les autorités de la concurrence sont trop rigides et qu'une approche plus nuancée est nécessaire pour atteindre un résultat optimal, à la fois pour la concurrence et pour l'innovation.

Pallets play a very important role in whole distribution systems through the supply chain. Such a fact alone shows the importance of pallets in today’s fast growing global logistics. Due to the increasing number of regulations and policies regarding natural resource conservations and also sustainable development, the issue of pallet utilization, reuse and recycling matters became the core concern in most of the researches performed in this field.As a consequence, the presented report discusses the current problems, requirements and debates around pallets utilization in distribution systems in depth along with the other affecting factors such as Cost, Environment, Materials, Sustainability, Information Technology and so forth. To achieve such goals, the first step is recognizing the mass Industrial production factors and global market requirements for the current and future of pallet utilization in order to achieve the desired efficiency and effectiveness in practice with focus on standardized pallets utilization in specific regions like European Union.The second step is the considering of various pallet types compatibility in different environments with respect to unit load assignments both at present and future. The third step is to challenge the obtained data and observed results and also, to verify them according to the foreseen future requirements, tendencies and demands of pallets and unit loads assignments through the international logistics providers. The last step which is as well the most important part of this thesis report is, to put the information together in order to clarify and specify the encountered difficulties regarding usage of pallets with concentration on cost, environment and ergonomic issues.

Rocky plateaus are globally threatened ecosystems and the lateritic plateaus in northern section of the Indian Western Ghats/Sri Lanka Biodiversity Hotspot (NWG) are notable landscape features. The NWG are geologically distinct from and biologically isolated from the other two sections of the Western Ghats. The NWG is known to possess elevated levels of endemic flora their biotic relationships remain poorly understood. We present here the first quantitative multi-taxa comparative study of plateau fauna in the northern Western Ghats. Ants, water beetles and amphibians were selected for the comparison as they use different ecological resources from each other and at various times of year therefore may provide a wider representation of plateau usage. Distribution and endemism were expected to reflect distribution and isolation by plateau and inter-plateau environment related to elevational, latitudinal, climatic and land-use clines. The study explored patterns of amphibian, water beetle, ant and fungal distribution and sampling seasonal pools and terrestrial surfaces of 13 representative plateaus in western Maharashtra, with sites ranging from 67-1179 m and across 2° of (sub) tropical latitude. Distribution of all taxonomic groups was spatially non-random at all levels of organisation and across all spatial scales. At the macroscale assemblages differed significantly with climate related to elevation, latitude but at a local scale land-use and microhabitat availably had an impact. Ants displayed a large seasonal assemblage variation, responding to seed availability. Water beetles the ants (combined survey data) were the best surrogates for all taxa data with amphibians the weakest representatives. Infection by the fungal pathogen, Batrachochytrium dendrobatidis, was extensive but less intense below the escarpment. We report the first records of infection in 13 endangered and data deficient amphibian species in the Western Ghats. The plateaus of western Maharashtra have recently been recognised as fragile and threatened ecosystems most still lack adequate statutory protection. In the absence of peer reviewed comparative data, the importance of individual sites is difficult to demonstrate hampering evidence-based conservation decisions.

O objetivo deste trabalho é investigar o desempenho energético de dois diferentes tipos de sistemas de aquecimento de piscinas: á gás natural e por bomba de calor elétrica. Foi realizada instrumentação em duas piscinas localizadas em uma mesma academia, cada uma delas dotada de um dos tipos de sistema de aquecimento. Além destas duas piscinas, que são objeto de investigação desta pesquisa, outras quatro piscinas, localizadas cada uma em um local distinto na cidade de São Paulo, também receberam instrumentação e a coleta de dados está sendo executada através de sistemas de aquisição de dados, para posterior análise e novos trabalhos de pesquisa. Como resultados da análise das duas piscinas, obteve-se um coeficiente de desempenho - COP, médio para o sistema de aquecimento por bomba de calor igual a 4. Para o sistema a gás natural, os resultados para a eficiência global do sistema indicaram 76%, ao passo que o rendimento apenas dos aquecedores foi de 82%. As análises dos dados permitiram comprovar a influência da temperatura ambiente sobre o COP da bomba de calor. Quanto menor a temperatura do ar, menor o COP. A Temperatura do ar também mostrou forte influência sobre o consumo de energia. / The aim of this research is to investigate the energetic performance of two distinct kinds of swimming pool heating systems: gas-fired and electric heat pump. A practical instrumentation research was prepared in these two indoor swimming pools, placed in the same location. Besides these, other four swimming pool, placed each in a different ambient in the city of São Paulo also received the instrumentation so that it will be possible to run future researches, once the data is already being collected by the data loggers installed. As a result of the data analysis, it was found that the average coefficient of performance of the heat pumps studied is 4. For the natural gas fired system, the global efficiency factor was found to be 76%. The efficiency of the heaters isolated was found to be 82%. This research showed that the COP of heat pump systems has strong correlation with the air temperature. The lower the air temperature, the lower the COP. Temperature also has strong influence on the consumption of energy.

There has been little understanding of how the existence and exercise of formal intellectual property rights (IPR) such as patents influence the direction of OSS innovation. This dissertation seeks to bridge this gap in prior literature by focusing on two closely related topics. First, it investigates how OSS adoption and production are influenced by IPR enforcement exercised by proprietary incumbents. It suggests that when an IPR enforcement action is filed, user interest and developer activity will be negatively affected in two types of related OSS projects--those that display technology overlap with the litigated OSS and business projects that are specific to a focal litigated platform. The empirical analyses based on data from SourceForge.net strongly support the hypotheses. Second, it examines the impact of royalty-free patent pools contributed by OSS-friendly incumbents on OSS product entry by start-up firms. It argues that increases in the size of the OSS patent pool related to a software segment will facilitate OSS entry by start-up firms into the same segment; further, the marginal effect of the pool on OSS entry will be especially large in software segments where the cumulativeness of innovation is high or where patent ownership in a segment is concentrated. These hypotheses are empirically tested through examining the impacts of a major OSS patent pool--the Patent Commons, established by IBM and a few others in 2005--on OSS entry by 2,054 start-up firms from 1999 to 2009. The empirical results largely support these hypotheses and are robust to adding a variety of controls as well as to GMM instrumental variables estimation.

Atmospheric CO₂ enrichment is employed by greenhouse tomato growers to increase fruit yields, and CO₂ applications are managed according to atmospheric set points or CO₂ injection rates. These methods do not immediately focus on the targets of CO₂ applications: plant performance and the regulation of plant carbon status. This thesis explores several plant-based approaches that may have potential for use in the management of CO₂ in greenhouse tomato production. Three plant-based approaches to CO₂ management were explored in commercial and experimental tomato greenhouses. These were: (1) simulation modeling, (2) non-destructive analysis of growth and (3) the status of plant carbon reserves. A cost and benefit analysis (c/b) using simulation modeling was carried out using grower-collected greenhouse environment and yield data. Simulation modeling was useful for retrospectively determining c/b of several CO₂ scenarios. The model was effective in predicting long term yields, but not short term yield variations, which limits its application for CO₂ management. Non-destructive measures of growth: stem length and diameter, leaf area and fruit load were found to be too sluggish for daily CO₂ dosing decision-making. Finally, plants growing under CO₂ enrichment can deposit substantial carbon as starch in their leaves. Plant carbon status was evaluated by determining the spatial distribution of leaf starch in the shoot and by following its variation diurnally and after the onset of CO₂ enrichment. As starch is difficult to measure by a grower, leaf mass per unit area (LMA) was also monitored for assessment as a surrogate measure for starch. Leaves in positions 7 to 9 were identified as the most meaningful in the shoot to sample. Diurnal profiles indicated these leaves carryover substantial starch from one day to the next. Monitoring starch at its peak time of accumulation (14 h to 16 h), at sunset and sunrise will indicate how much the peak starch reserves are used overnight. If starch remains high between peak and sunrise the following day, then the plants are in a carbon-surplus state and CO₂ enrichment could be postponed. For upper canopy leaves LMA is substantially influenced by starch and thus is a promising surrogate.

Thesis (M.A.)--Southwest Texas State University, 1944. / Various newspaper articles, photographs, and other memorabilia related to Riverside mounted throughout.

M. Tech. Architecture (Applied) / The aim of the thesis is to design a public swimming pool that re-connects street and river within a particular urban condition. The ground plane of the selected site is manipulated to facilitate a physical and visual connection with the river. Wetlands form part of the landscape surrounding the facility and on urban scale to assist in the cleaning and re-use of water from the canal. The proposal includes two pools accommodating different human interactions with water. The buildings are designed as a transitional space between inside and outside. The site was carefully selected based on the mix of current educational facilities, offices and residential accommodation. The site was developed using various layers namely: Private swimming, public swimming, spill out spaces, as well as spectator and passer-by contact. It is envisioned that the proposal will form part of the larger Tshwane 2055 framework aiming to revitalize the Pretoria CBD, although canalized, the Aapies River forms an important life giving artery adjacent to the Nelson Mandela Corridor. As part of the design proposal, it is envisioned that the canal be used as a floating walkway in future with follies linking specific sites and the river at strategic points. The proposed lap pool adheres to international standards. Both the pools step towards the canal, providing a different spatial and sensory experience. The design may serve as a guideline for future proposals along the canal. URBAN SWIMMING must inspire social growth and promote swimming as both a sport and a recreational activity.

No description available.

Atmospheric CO₂ enrichment is employed by greenhouse tomato growers to increase fruit yields, and CO₂ applications are managed according to atmospheric set points or CO₂ injection rates. These methods do not immediately focus on the targets of CO₂ applications: plant performance and the regulation of plant carbon status. This thesis explores several plant-based approaches that may have potential for use in the management of CO₂ in greenhouse tomato production. Three plant-based approaches to CO₂ management were explored in commercial and experimental tomato greenhouses. These were: (1) simulation modeling, (2) non-destructive analysis of growth and (3) the status of plant carbon reserves. A cost and benefit analysis (c/b) using simulation modeling was carried out using grower-collected greenhouse environment and yield data. Simulation modeling was useful for retrospectively determining c/b of several CO₂ scenarios. The model was effective in predicting long term yields, but not short term yield variations, which limits its application for CO₂ management. Non-destructive measures of growth: stem length and diameter, leaf area and fruit load were found to be too sluggish for daily CO₂ dosing decision-making. Finally, plants growing under CO₂ enrichment can deposit substantial carbon as starch in their leaves. Plant carbon status was evaluated by determining the spatial distribution of leaf starch in the shoot and by following its variation diurnally and after the onset of CO₂ enrichment. As starch is difficult to measure by a grower, leaf mass per unit area (LMA) was also monitored for assessment as a surrogate measure for starch. Leaves in positions 7 to 9 were identified as the most meaningful in the shoot to sample. Diurnal profiles indicated these leaves carryover substantial starch from one day to the next. Monitoring starch at its peak time of accumulation (14 h to 16 h), at sunset and sunrise will indicate how much the peak starch reserves are used overnight. If starch remains high between peak and sunrise the following day, then the plants are in a carbon-surplus state and CO₂ enrichment could be postponed. For upper canopy leaves LMA is substantially influenced by starch and thus is a promising surrogate.