• STI Policy Review
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• v.3 no.2
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• pp.130-151
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• 2012

Fraunhofer was founded in 1949 and grew into Europe's largest application-oriented research organization. Fraunhofer currently employs over 20,000 members in Germany, is internationally networked, and manages an R&D budget of over 1,8 Billion Euros per year. An important step for Fraunhofer to become an integral component of the German innovation system was the introduction of the Fraunhofer Model of financing based on a performance-related system of financial management. The underlying model of the allocation and distribution of public funding to Fraunhofer that is subsequently allotted to specific research groups is one of the success factors of Fraunhofer. Fraunhofer is proud of its decentralized organizational model. Fraunhofer is comprised of 60 Institutes in Germany working in different fields, under one legal framework, and with a strong brand value. Every Fraunhofer Institute is affiliated with a German University and every institute director simultaneously holds a chair at the affiliated university. It is a challenge for the headquarter organization to balance the intended competition of individual Fraunhofer Institutes with complementarity cooperation in science among Fraunhofer-Institutes, especially when coming from different knowledge domains; however, this goal results in a significant advantage. The unique strengths of Fraunhofer offer system solutions in a world with increasingly complex R&D challenges. While growing to become the largest organization on Europe to focus on applied research it is the challenge to remain an agile organization that is flexible in organizational structure. Fraunhofer has reached a well-recognized position in the European innovation landscape. It is often referred to by science and governments as a role model for innovation policy and a key element of the latest successes in the German economy that has recovered quicker from the latest economic crisis than most other western economies. The paper explains Fraunhofer as an organizational paradigm and its underlying management model to elaborate on the challenges of managing a research organization. We wish to show how it is possible to transfer the management model and philosophy of Fraunhofer to innovation systems with different framework conditions and challenges. A universal conclusion may be drawn based on the description of Fraunhofer; however, changes in existing structures and innovation systems cannot be implemented over night.

• International conference on construction engineering and project management
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• 2022.06a
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• pp.33-41
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• 2022

Infrastructure procurement has been a major engagement route between China and Africa. This contributes immensely to the gradual infrastructure development seen on the continent. However, maturing discourse purports that these infrastructure collaborations lack intentionality in the continuous development of strategic guidelines and policies for effective implementation despite their uniqueness and criticality. This study proposes that an efficient approach to policy recommendations is through the political and economic analysis (PEA) of these partnerships using public-private partnership (PPP) optics. Unquestionably, these partnerships are representative of the concept of diplomatic transnational public-private partnership (DT-PPP) where infrastructure is procured through the collaboration of public (African governments) and private sector (Chinese state-owned corporations) who provide the managerial, financial, and technical resources for the project implementation. Given the quest for sustainable win-win, this study identifies strategies towards the realization of win-win in the implementation (i.e enablers of win-win) such that fairness and co-benefit, as well as interests, will be achieved. Thus, based on the PEA framework, case scenarios from Ghana and Nigeria using expert interviews identify the criticalities and best practices for the realization of these enablers at the development phase. Findings indicate more effort is required of the public sector (African host countries) in terms of people, structure/institutions, and the implementation processes. Recommendations include improvement of environmental management structures, contract administration procedures, external stakeholders/local community engagement mechanisms, knowledge and technology transfer procedures, and sector-based project operation and maintenance culture and systems. Additionally, actors must have emotional intelligence, good problem-solving abilities, and overall ensure cordial relationships for continued bilateral cooperation.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.20
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• pp.129-150
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• 2003

Software license agreements, to be useful in the mass market, could not be individually negotiated, and had to be standardized and concise. The software license agreement needs to be presented to the licensee-users in a fashion that would allow for mass distribution of software, also for it to enforceable, that would draw the users' attention to the terms and conditions under which the publisher allowed the use of the software. These needs have been accomplished, with or without fail, through so called the "shrink-wrap licenses" Shrink-wrap licenses purpose to transfer computer softwares to their users by defining the terms and conditions of use of the software without implicating the "first sale doctrine" of the Copyright Act. These shrink-wrap licenses have become essential to the software industry. However, in USA, the law applicable to these licenses has been unclear and unsettled. Courts have struggled to develop a coherent framework governing their enforceability. Meanwhile, the National Conference of Commissioners on Uniform State Laws ("NCCUSL") in USA promulgated the Uniform Computer Information Transaction Act ("UCITA") governing contracts for computer information transaction on July 29, 1999. One clear objective of UCITA was to settle the law governing the enforceability of shrink-wrap licenses. In these respects, this paper first introduces the various forms that shrink-wrap licenses take(at Part II. Section 1.), and explains the main advantages of them(at Part II. Section 2.) Here it shows how shrink-wrap licenses value themselves for both software publishers and users, including that shrink-wrap licenses are a valuable contracting tool because they provide vital information and rights to software users and because they permit the contracting flexibility that is essential for today's software products. Next, this paper describes the current legal framework applicable to shrink-wrap licenses in USA(at Part III). Here it shows that in USA the development of case law governing shrink-wrap licenses occurred in two distinct stages. At first stage, judicial hostility toward shrink-wrap licenses marked such that they were not enforced pursuant to Article 2 of the Uniform Commercial Code. At second stage, courts began to recognize the pervasiveness of shrink-wrap licenses, their indispensability to the rapidly expanding information technology industry, and the urgent need to enforce such licenses in order to maintain low prices for consumers of computer hardware or software, resulting in the recognition of shrink-wrap licenses. Finally, in view of the importance of UCITA, this paper examines how it will affect the enforceability of shrink-wrap licenses(at Part IV). The drafters of UCITA, as well as the scholars and practitioners who have criticized it, agree that it validates shrink-wrap licenses, provided certain procedural protections are afforded to purchasers. These procedural protections include the licensee end-user must (i) manifest his assent to the shrink-wrap license, (ii) have an opportunity to review the shrink-wrap license, (iii) have a right to return the product without costs.