Uppsatsen behandlar den framgångsrika affärsformen merchandising utifrån ett rättsligt perspektiv. Den för denna uppsats relevanta betydelsen av begreppet kan formuleras enligt följande; Merchandising är metoder för att åstadkomma försäljning och marknadsföring av artfrämmande produkter, genom att utnyttja det kommersiella värdet i en immateriell tillgång. Karakteriserande för merchandising är det sekundära utnyttjandet av den immateriella rättigheten, vilket innebär att merchandisingprodukten tillhör en annan varusfär än den som ursprungligen förknippats med det immateriellt skyddade objektet. Merchandising bygger på licensiering och affärsformen för med sig särskilda fördelar. För licensgivaren kan merchandising generera inkomster i form av försäljningsroyalties och samtidigt ge tillgång till en ny produktmarknad, till en relativt låg kostnad och risk. Det kan också fungera som ett effektivt marknadsföringsverktyg. För licenstagaren kan merchandising ge de egna produkterna en ökad dragningskraft.På grund av affärsformens speciella karaktär måste en rad olika rättsområden beaktas vid en juridisk analys. Sui generis lagstiftning saknas i Sverige såväl som internationellt och olika regelverk blir därför tillämpliga i varje enskilt fall, främst beroende på vilken typ av immateriell rättighet som det aktuella merchandisingavtalet baserats på. Vid utformandet av ett merchandisinglicensavtal så blir allmänna avtalsrättsliga principer och regler tillämpliga. I detta avseende bör man uppmärksamma de rättsliga egenskaper som är särskiljande för immaterialrättsliga licensavtal i allmänhet. Specifikationsprincipen, vilken förordar en restriktiv tolkning av avtalsvillkor, blir här av central betydelse. I övrigt är avtalsfriheten och det ibland ojämna balansförhållandet mellan parterna, utmärkande faktorer. Därtill kommer de för merchandising utmärkande avtalsaspekter som normalt bör regleras tydligt i licensavtalet och som kan ge upphov till särskilda frågor. De licensavtal som används för merchandising kan också diskuteras utifrån ett konkurrensrättsligt perspektiv, bl.a. i relation till de europarättsliga gruppundantagsförordningarna.

Abstract This paper shows that collusive behavior of firms in production with lump-sum payment licensing may occur in an infinitely repeated duopoly if both firms adopt a two-period strategy to interact with each other. It is profitable for the patent-holding firm with non-drastic cost-reducing innovation to use licensing as a strategic means to induce the opponent to cooperate in pursuit of joint profit. It is proved that there exists a Pareto dominant two-period strategy profile, which is an equilibrium in both equilibrium and out-of-equilibrium paths. Furthermore, it is shown that the duration of punishment while two firms are in the out-of-equilibrium is endogenously determined.

A country’s mining policy climate is one of the critical drivers of exploration investment. In light of this, licensing is regarded as the means of optimally managing competing interests in the exploration and development of non-renewable resources through the existing legal and regulatory framework. This research assesses Sierra Leone’s exploration licensing regime within the context of the measures taken to mitigate and/or prevent speculation. It will also provide a deeper understanding of the notion of speculation and its drivers in the mining industry. As well as the context in which such measures have been crafted in the regime and applied in practice. With the ultimate objective being, to measure such provisions against the analytical framework, in respect of “best practice, as well as to identify potential gaps. The methodology adopted for this research involves desktop analyses of Sierra Leone’s current exploration licensing regime, based on recommendations from expert institutions and opinions on mineral exploration, policy, and regulations. It discusses four critical factors of an analytical framework, from which the respective mitigation measures are evaluated. The outcome of the research shows that Sierra Leone’s exploration licensing regime generally demonstrates an aspiration towards “best practice” in exploration licensing. However, the ultimate test of its efficacy invariably lies in strict and consistent adherence to the “equality before the law” and “good governance” principles. These principles form the bedrock upon which the four critical factors of the analytical framework was established. Against this background, the research proves that these principles have been breached in some instances, thereby encouraging speculation to thrive, and possibly impeding the development of the country’s mineral sector. / Mini Dissertation (MPhil)--University of Pretoria, 2019. / Public Law / MPhil / Unrestricted

Indiana University-Purdue University Indianapolis (IUPUI) / When the #MeToo movement hit its height, many of the powerful figures who were accused of harassment were people who had been previously seen as virtuous (Stockdale, Bell, Crosby, & Berdahl, 2019). The present study investigated how embodied power influenced sexual harassment (SH) judgments by manipulating the initiator to embody responsibility-focused, or self-focused power (compared to a control), and whether moral licensing, operationalized through moral crediting and moral credentialing, would mediate relations between power embodiment and SH judgments. Participants were 376 adults (42% female) residing in the U.S. who were recruited through Mturk. Moral crediting was significantly higher for perpetrators described as embodying responsibility-focused power, compared to a control condition (no power cues), which in turn was higher than perpetrators described as embodying self-focused power. Moral crediting was positively related to false accusations, SH severity (opposite of predictions), and severity of punishment. Additionally, there were gender differences in moral crediting such that the effects of power-embodiment on moral crediting were stronger for women than for men, though both were significant. Taken together, the findings of this study indicate that some initiators evade censure as their actions are seen as less severe when others believe them to have embodies responsibility-focused power. This should serve as an indication that SH is not always done by “bad actors”, but by those who appear to be virtuous. These findings should inform future SH policies, research, and training.

Indiana University-Purdue University Indianapolis (IUPUI) / Feeling powerful or possessing power over someone is often shown in the sexual harassment literature as an antecedent. Indeed, power can be construed in a self-focused manner or in a responsibility-focused manner. Tost (2015) theorized that powerholders who construe their power as responsibility should then act for the benefit of others. However, a recent study by Stockdale, Gilmer, and Dinh (2019) found the opposite effect. Specifically, they found that priming responsibility-focused power increased the intention to sexually harass, speculating that priming such powers may have created a “moral license” (Miller & Effron, 2010) to engage in sexual harassment. The purpose of the present study is to extend their findings by examining the role of moral licensing. I hypothesize that participants who are in the responsibility-focused power priming condition will engage in sexual harassment proclivities through a serial mediation of communal feelings and moral licensing (moral crediting and moral credentialing). Results confirm that communal feelings and moral crediting serially mediate the relationship between responsibility-focused power and sexual harassment proclivities. The hypothesized role of moral credentialing was not supported. Findings in this study provides a potential explanation for the paradoxical findings of responsibility-focused power in Stockdale et al. (2019)’s study. This study also emphasizes the importance of understanding responsibility-focused power in sexual harassment indices and the potential the ironic effects of having such power via moral crediting.

Background: Providing examinee performance data is a common procedural modification in modified-Angoff standard setting exercises. Results of research examining the impact of the practice are mixed, and despite the frequency with which this procedural modification is done, the overall impact on the outcomes is not well understood. This research presents a large-scale evaluation of the impact of providing performance data in the context of operational standard setting exercises for a medical licensing examination program. Methods: Data from a total of 18 independent standard setting panels across three different examinations were analyzed to evaluate whether and how the provision of performance information impacted the resulting cut scores. Results: Significant cut-score changes were found between initial and final judgments for all panels. A decrease in standard deviation between initial and final judgments for all panels was indicative of the convergence of judgments following the provision of data, and a lack of systematic changes in final cut scores suggested that judges were not simply changing their content-based judgments to align with the normative data. Both findings provide important procedural validity evidence for the standard setting process. Implications: The current data set (replications of the procedure within a single cycle, across cycles for an individual examination, and across multiple examinations) allowed for the most comprehensive evaluation of this topic that has been described to date and provides valuable insight into an issue that is relevant to many testing contexts. / Educational Psychology

The purpose of the research study was to identify the implications of the licensing processrelated costs for coupling high temperature reactor(s) (HTR) to the SASOL coal-to-liquid (CTL) process (hereafter known as nuclear coal-to-liquid (NCTL)). This was achieved by formulating a licensing plan using SASOL Secunda as a case study. The secondary objectives of the study were: To analyse the national nuclear regulatory (NNR) act, regulation and authorisation, relevant to the licensing of the NCTL production plant; identify variables influencing licensing and evaluating the relative significance from the perspective of relevant stakeholders; and evaluate the magnitude of the activity-base costs. In order to achieve these goals, an in-depth literature review was conducted to understand the application of nuclear licensing and related concepts. These concepts consisted of several key elements, ranging from South Africa’s legal requirements from the perspective of the national energy regulator; environmental impact assessment; NNR’s nuclear installation site license, nuclear installation license – including commissioning and decommissioning. A mixed experimental approach consisting of qualitative (explorative) and quantitative (descriptive) survey designs were utilised in this study to achieve the primary aim and secondary objectives. Three (3) structured measuring instruments such as a telephonic interview, in-depth interviews and self-administered surveys were utilised in this study to collect data. The data collected revealed three (3) short comings. Short comings were addressed thereafter; ten (10) problems were also identified, to which solutions were suggested. From the results of the study and empirical evidence, a quantified assessment of the risk of time and cost of licensing the NCTL production plant was achieved; it was shown that the overall timelines of the licensing plan for the NCTL production plant was estimated at 8 years as suggested by international best practise; total licensing costs was estimated at ZAR 918,599,904.00 in 2013 value. This study concluded with several recommendations in respect of engagement with the NNR, of which the following are important: To gain clarity on the requirements on the content of site safety reports; provide direction on how to apply for multiple nuclear installation licenses for installations for construction on a common site after granting multiple nuclear installation site licenses and public participation process; and distinguish whether the safety authority has the required human resource capable of handling two (2) license applications per year. / MIng (Development and Management Engineering), North-West University, Potchefstroom Campus, 2014

The purpose of the research study was to identify the implications of the licensing processrelated costs for coupling high temperature reactor(s) (HTR) to the SASOL coal-to-liquid (CTL) process (hereafter known as nuclear coal-to-liquid (NCTL)). This was achieved by formulating a licensing plan using SASOL Secunda as a case study. The secondary objectives of the study were: To analyse the national nuclear regulatory (NNR) act, regulation and authorisation, relevant to the licensing of the NCTL production plant; identify variables influencing licensing and evaluating the relative significance from the perspective of relevant stakeholders; and evaluate the magnitude of the activity-base costs. In order to achieve these goals, an in-depth literature review was conducted to understand the application of nuclear licensing and related concepts. These concepts consisted of several key elements, ranging from South Africa’s legal requirements from the perspective of the national energy regulator; environmental impact assessment; NNR’s nuclear installation site license, nuclear installation license – including commissioning and decommissioning. A mixed experimental approach consisting of qualitative (explorative) and quantitative (descriptive) survey designs were utilised in this study to achieve the primary aim and secondary objectives. Three (3) structured measuring instruments such as a telephonic interview, in-depth interviews and self-administered surveys were utilised in this study to collect data. The data collected revealed three (3) short comings. Short comings were addressed thereafter; ten (10) problems were also identified, to which solutions were suggested. From the results of the study and empirical evidence, a quantified assessment of the risk of time and cost of licensing the NCTL production plant was achieved; it was shown that the overall timelines of the licensing plan for the NCTL production plant was estimated at 8 years as suggested by international best practise; total licensing costs was estimated at ZAR 918,599,904.00 in 2013 value. This study concluded with several recommendations in respect of engagement with the NNR, of which the following are important: To gain clarity on the requirements on the content of site safety reports; provide direction on how to apply for multiple nuclear installation licenses for installations for construction on a common site after granting multiple nuclear installation site licenses and public participation process; and distinguish whether the safety authority has the required human resource capable of handling two (2) license applications per year. / MIng (Development and Management Engineering), North-West University, Potchefstroom Campus, 2014

The main topic in the licensing debate is whether licensing affects construction quality. Available literature and previous studies indicate that it does not. The real question is not whether licensing improves quality, but whether the improving quality is the actual purpose of licensing. There is little information available on the purpose of licensing as defined by state licensing departments as well as a general lack of information on how states evaluate whether licensing is fulfilling the intended purpose. In order to effectively resolve some of the issues surrounding the construction licensing debate, the true purpose of licensing and the methods used to evaluate licensing must be defined by state licensing departments, not the industry. The sharing of such information could lead to better construction regulations, improved evaluation techniques, further research, and ultimately, a resolution of the licensing debate. State licensing departments indicated the purpose of licensing as well as methods of evaluating licensing currently used by state licensing departments. Contrary to popular thought, the true purpose of residential general contractor licensing (as defined by state licensing departments) is not to improve construction quality but to protect the consumer's health and life. The license debate will continue as long as there exists a discrepancy between what the industry thinks is the purpose of licensing (improve quality) and what the purpose truly is (protect the consumer). If the main purpose of licensing is, as the states expressed, to protect the consumer, then policy must reflect that idea. Protecting the consumer can be accomplished through mandatory building code inspections without a barrier to entry such as licensing. The information gained from the study provides a foundation for further research on licensing issues that will benefit the construction industry, the economy, and society alike.

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