ABSTRACT Traditionally, voice, data, and graphics have to be transmitted via different media/channels, resulting in the separate developments of various industries such as telecommunication, cable TV, etc. in the past years. Nowadays, with the help from advance technology, the boundaries of those industries have gradually become vague which brings in the possible competition among those individual industries. In addition, the new developments also provide increasing chances for consolidation as well as a new trend for cross-boundary co-operations among those traditional industries. Since the pass of ¡§ Law of Cable TV ¡¨ in July 1993, five big conglomerates groups are gradually formed in Taiwan¡¦s Telecom Sector after a series of competition and integration. Started in 1997, The Ministry of Transportation and Communication completed the liberalization of Taiwan¡¦s telecommunication market after publishing the regulations governing the fixed-network communication business in 1999 and established the fundamental law regulation for cross-business between fixed network and telecommunication sectors. Despite regulations has provided the legitimate base for a new age for telecom industry, the most crucial and timely thing for the cable TV system operators is how to run the business in the new telecom industry in order to break-through the existing limitations for cable TV business which includes construction of infrastructure, money raising, human resources management, etc. Since the open up of Taiwan¡¦s fixed network market, ¡§Last-mile network construction¡¨ is a common issue faced by new fixed-line network providers when they compete with Chunghwa Telecom Co. Ltd for its fully integrated connection with end users. Nevertheless, ¡§The Last Mile¡¨ issue could be mitigated for cable TV system operators given that on 1) they are closer to users in regional operations; 2) they have partially completed a dual-direction cable service system; and 3) they have the right to construct drainage system for lay out cable line . With these three advantages, the local cable operators could form business alliance with new fixed-line network firms to provide solutions to ¡§the last mile¡¨ issue. In this thesis, the author We chooses the local cable operators in Kaoshiung City as examples and has interviewed four companies in order to have an understanding of their synergy and difficulties incountered by those cable operators when entering into the new telecom industry and forming business alliance with new fixed-line network firms. By the end, the author provides three suggestions including 1) to speed up their construction for dual-direction cable service system, 2) to consolidate ¡§ independent local cable systems¡¨, and 3) to form strategic alliances with fixed-line network firms. The alliance between cable operators and fixed-line network firms will not only motivate cable operators to build up dual-direction cable service system but also to enhance their experience and train talented staff in telecom sector through the help from fixed-line network firms. In addition, it will also provide an easy access for fund raising to support their business expansions. As a result, we expect a more and more thorough national network system to bring in good benefits to the whole country.

This thesis examines the legal regulation of the competitive behavior of employees with the emphasis on non-competition clause. This thesis aims to critically evaluate the status of the current legislation regarding the non-compete clauses and suggest what changes should be made in order to the non-compete clause would be used effectively and fulfill its purpose. The thesis analyzes in detail the historical development of non-competition clauses in the Czech republic and further explores this institute in the light of current legislation, case law and expert opinions. It also compares the legislation of this clause in four foreing countries - France, Great Britain, Germany and Slovakia. Finally, this thesis shows how non-comptete clauses are used in practice and if employers believe in their effectiveness as a tool for the protection of know-how.

The need to maintain business confidential information within the company are increasing in today’s knowledge-based society. Today, trade secrets are an asset for entrepreneurs and important for competitiveness. These secrets are sometimes provided to the employees and the more secrets spread, the more vulnerable the employer becomes. To prevent trade secrets from being disclosed there is a law about confidential information and competition clauses could be entered in the employment contracts. Nevertheless, the need to protect confidential information must be compared to the right of workers to freely use their skills. This paper aims to highlight the legal situation and the legal balance between both parts within the law of confidential information and competition clauses on the basis of a legal science method. It also aims to highlight the use of non-compete agreements from a gender perspective. The purpose of the paper has led to the following research questions; How can the legal framework of trade secrets and compete clauses be understood from an employer and employee perspective and what are the consequences of it? From a gender perspective, what consequences does the balance between the employer’s need to protect confidential information and the employees’ need to be competitive on the labor market after an employment have? The paper shows that there are weaknesses in the law of confidential information through the employer’s perspective and the law does not stall the employees’ competitiveness. The non-compete agreements however, may jeopardize the movement of the employees and are often seen as unfair in Swedish court. However, the problem is that the freedom of enter contracts prevails and the agreements are valid until an arbitration or court shows otherwise. The study indicates that it is mostly men that are subject to compete clauses, which can lead to improvement of women’s position in the labor market.

No description available.

This study explores the notion of contestation in environmental education. Contestation is a process in which self-interested individuals and groups in a social organisation cooperate, compete and negotiate in a complex interaction aimed at solving social problems. A "framework for critique" is developed, comprising technicist, liberal<interpretive and critical paradigms in each of scientific knowledge, educational innovation, educational research and education itself. This framework forms the basis from which a critique is mounted of contesting perspectives in environmental education at international, national and local levels. The thesis argues, firstly, that contestation takes place in the domains of (a) language or "policy in environmental education; (b) organisational strategies aimed at initiating or improving environmental education; (c) educational practices conducted in the name of environmental education; and (d) within perspectives between these domains. The thesis argues, secondly, that the presently dominant techniqist models of innovation expressed in the organisation of environmental education are part of an hegemonic relationship which acts to "technologise" the innovation: they provide an organisational strategy for establishing environmental and educational progress without offering a theory for self-reflection and ideology-critique. The incompatibility of certain contesting perspectives and practices is masked, thus contributing to continuity, rather than reform. The thesis characterises this "educational problem of environmental education" as a series of theory-practice gaps at all levels, where "theory" is the set of beliefs and assumptions held by individual practitioners, and in. terms of which they understand their educational practices. An educational problem exists because these theory-practice gaps exist; the educational problem continues because these theory-practice gaps exist unacknowledged within the infrastructure of environmental education due to the effects of false consciousness and hegemony. The thesis addresses the issue of which of several contesting forms of educational research offers the most coherent response to the educational problem of environmental education, and argues that, for the time being, approaches grounded in the critical social sciences are both the best justified and most promising approaches . to educational research for environmental education.

What specific factors contribute to Silicon Valley’s world-renowned success as a high technology district? How significant is California’s rejection of specific regulation restricting the mobility of technical professionals via the nullification of all non-compete agreements? Using in-depth interviews with entrepreneurs seeking to start their own companies, I argue that the ability to effectively ignore non-compete agreements in Silicon Valley is a critical yet understudied premise underlying Silicon Valley’s success. Scholars seeking to understand Silicon Valley’s global success and continuing allure must turn their attention to the effects of this regulation. My findings suggest that an analysis not only of these regulations but of the lack of enforcement around such regulations needs to be a central focus in understanding how Silicon Valley emerged as a high technological powerhouse.

The aim of my thesis is the description and the analysis of the strategy. The thesis appreciate the Marketing mix of the retailer and the competitive strategy. I tried to describe the whole competitive position of the retailer in the market and the ability to compete.

Non-compete clauses and similar arrangements This diploma thesis is concerned with contractual arrangements between the employee and the employer restricting the employee from a certain action after the termination of his employment with the employer. The aim of this thesis is to provide a comprehensive overview of non-compete clauses and similar arrangements in labour law, to define their shortcomings and to evaluate the current legal framework and the future applicability of such arrangements in the Czech labour law. The thesis mainly describes the institute of restrictive covenants, consisting of non-compete clauses, non-disclosure agreements and non-solicitation clauses, for which it often uses foreign legislation as sources of inspiration. In order to fulfil these goals, the thesis is divided into three chapters, which are subsequently divided into subchapters. The first chapter is devoted to the history and development of non-compete clauses in the Czech Republic. The subchapters are divided chronologically, with the essential part being devoted to the period from the establishment of the independent Czech Republic to the date of effectiveness of the current Labour Code. The regulation of the non-compete clause reflected in the Labour Code is examined in the second chapter of the diploma...

Non - compete clauses in the competition law of the European union and selected member states This diploma thesis is focused on the use and regulation of non-compete clauses in the competition law of the European Union, the Czech Republic and Great Britain. The aim of this thesis is to analyse the applicable regulation and decision-making practice of the relevant authorities concerning the non-compete clauses in the selected jurisdictions, draw a comparison between them and, at the end of each chapter, make an evaluation to what extent does the relevant practice differ on the level of European law, the law of the Czech Republic or Great Britain. The thesis is mainly dedicated to the use of non-compete clauses in lease and acquisition agreements. The first chapter is focused on the theoretical introduction to the matter, containing a short summary of the fundamental regulation and soft law of the competition authorities. The second chapter is centred around the analysis of decisions concerning the non-compete clauses in lease agreements. The individual decisions are examined and compared at the end of the second chapter. The comparison is made by using the division of the anti-competitive agreements to the categories of "object-type agreements" and "effect-type agreements". The third chapter is concentrates...

Non-compete covenants are clauses in employment contracts that forbid employees from competing with their former employers during a given time period. Recent literature has identified non-compete covenants as a new type of entry barrier to entrepreneurship within high-tech industries, impeding regional innovation, growth and employment. In Europe, the legal regime is highly heterogeneous, suggesting that certain regions might gain a competitive advantage in innovation. This study uses Fixed Effects regression and Poisson Fixed Effects regression models to investigate the ways in which non-compete covenants effect how venture capital investments stimulate regional innovation and entrepreneurship. The data set was constructed using data from The European Patent Office, the Eurostat, the World Bank and the OECD Economic Outlook. Ius Laboris overview was used to assess the enforceability of non-compete covenants in sample countries. The results show that increased supply of venture capital increases innovative activity in all regions. Relative to countries that enforce non-compete covenants, countries that restrict the use of these contracts experience higher rates of patenting activity. The level of enforceability was not found to have significant effects on new firm formation. The results suggest that financial intermediates and the legal regime have an important role in promoting regional innovation.