Lojalitet i licensavtal

Loyalty in Licensing Agreements The purpose of the dissertation is to analyse the impact of the principle of loyalty on licensing agreements from the viewpoint of Finnish law using the traditional legal method (Rechtsdogmatik) combined with empirical data in the form of licensing agreements. The need for good licensing agreements is crucial. One should avoid mechanical and stereotyped agreements in favour of more conscious and goal-oriented ones. When the parties' will and goals have been made clear, the drafting technique should be chosen accordingly. The importance of the principle of loyalty in the interpretation of licensing agreements varies according to their degree of relationality. This is a concept originating in the relational contract theory, more precisely Ian Macneil's spectrum of contracts, where contracts can be placed on an axis according to their degree of relationality. In the dissertation different factors are used to conclude whether the licensing agreement at hand is to be placed on the axis closer to the transactional pole or closer to the relational pole. A conclusion of the dissertation is that few licensing agreements can be placed so close to the transactional pole, that the principle of loyalty lacks importance altogether. The impact of the principle of loyalty the main focus of which is on fostering the contracting parties to behave in accordance with best practices, not for example on altering contract terms is analysed in different situations where the parties' interests typically collide. These situations are discussed from the point of view of three patent and knowhow licensing agreements that differ as to their degree of relationality. A balance needs to be struck between freedom of contract and relational needs. Especially when interpreting more modern licensing agreements, one should not focus on the written document alone, as is often recommended in the literature on Nordic intellectual property law. Neither is the principle of caveat emptor a proper starting point. Moreover, where the parties are of equal bargaining power, one should not assume that the grants in licensing agreements are to be interpreted narrowly. Focus in the interpretation should instead be on the entirety of the circumstances.

After interpretation.

Using 58 audio recorded sessions of psychoanalysis (coming from two analysts and three patients) as data and conversation analysis as method, this paper shows how psychoanalysts deal with patients’ responses to interpretations. After the analyst offers an interpretation, the patient responds: at that point (in the “third position”), the analysts recurrently modify the tenor of the description from what it was in the patients’ responses. They intensify the emotional valence of the description, or they reveal layers of the patients’ experience other than those that the patient reported. Both are usually accomplished in an implicit, non-marked way, and they discreetly index possible opportunities for the patients to modify their understandings of the initial interpretation. Although the patients usually do not fully endorse these modifications, the data available suggests that during the sessions that follow, the participants do work with the aspects of patients’ experience that the analyst highlighted. In discussion, it is suggested that actions that the psychoanalysts produce in therapy, such as choices of turn design in third position, may be informed by working understanding of the minds and mental conflicts of individual patients, alongside the more general therapeutic model of mind they hold to.

Näkemyksiä käsityöopetuksen kehitystarpeista yhtenäisessä perusopetuksessa

The objective of this study was to find out what development targets craft teachers could identify in the comprehensive school classes 1 through 9 after the curriculum of the year 2004 had declared craft education uniform in textile and technical craft. Earlier research had shown that after this curricular reform craft education had been carried out in dissimilar ways in different municipalities and schools. This causes differences in the contents of teaching and thus in learning outcomes on national level. The most problematic situations occur on the 7th grade when the classes contain pupils with very heterogeneous skill levels. My intention is to find general themes in craft education that are significant when considering developmental objectives. The problem was explored by four research questions as follows: What kind of problems have craft teachers confronted during the application of the curriculum 2004, what are the most important objectives and contents in craft for the comprehensive school, how craft education should be arranged in the future and what prerequisites should be considered to generate high quality craft education? The study was carried out by a qualitative research approach. The informants consisted of 21 persons, out of which 15 were textile or technical teachers and six were textile or technical teacher students. The research data was collected in the form of short open narratives, based on a partially structured inquiry. Respectively content analysis was applied for analysis of the narratives. Research results revealed that craft teachers were mainly satisfied in uniform craft and hoped that both textile and technical craft could be compulsory school subjects for both genders. Textile and technical craft should be defined as separate independent school subjects, both of which should be developed with broader and high quality contents. Craft subjects should be allocated more teaching time. Teachers asked for a more logically proceeding curriculum, initiating from the beginning to the end of the compulsory school. It was suggested that this could be done by a qualified subject teacher. A uniform curriculum solution must be found for the whole country.

Precarious Pregnancies : Alcohol, drugs and the regulation of risks

Since the 1970s alcohol and drug use by pregnant women has become a target of political, professional and personal concern. The present study focuses on prenatal substance use and the regulation of risks by examining different kinds of societal responses to prenatal alcohol and drug use. The study analyses face-to-face encounters between professionals and service users at a specialised maternity clinic for pregnant women with substance abuse problems, medical and political discourses on the compulsory treatment of pregnant women as a means of FAS prevention and official recommendations on alcohol intake during pregnancy. Moreover, the study addresses the women s perspective by asking how women who have used illicit drugs during pregnancy perceive and rank the dangers linked to drug use. The study consists of five empirical sub-studies and a summary article. Sub-study I was written in collaboration with Dorte Hecksher and Sub-study IV with Riikka Perälä. Theoretically the study builds on the one hand, on the socio-cultural approach to the selection and perception of risks and on the other on governmentality studies which focus on the use of power in contemporary Western societies. The study is based on an ethnographic approach and makes use of the principles of multi-sited ethnography. The empirical sub-studies are based on three different types of qualitative data: ethnographic field notes from a maternity clinic from a period of 7 months, documentary material (medical journals, political documents, health education materials, government reports) and 3) interviews from maternity clinics with clients and members of staff. The study demonstrates that the logic of the regulation of prenatal alcohol use in Finland is characterised by the rise of the foetus , a process in which the urgency of protecting the foetus has gradually gained a more prominent role in the discourses on alcohol-related foetal damage. An increasing unwillingness to accept any kinds of risks when foetal health is at stake is manifested in the public debate on the compulsory treatment of pregnant women with alcohol problems and in the health authorities decision to advise pregnant women to refrain from alcohol use during pregnancy (Sub-studies I and II). Secondly, the study suggests that maternity care professionals have an ambivalent role in their mundane encounters with their pregnant clients: on the one hand professionals focus on the well-being of the foetus, but on the other, they need to take into account the women s needs and agency. The professionals daily encounters with their clients are thus characterised by hybridisation: the simultaneous use of technologies of domination and technologies of agency (Sub-studies III and IV). Finally, the study draws attention to the women s understanding of the risks of illicit drug during pregnancy, and shows that the women s understanding of risk differs from the bio-medical view. The study suggests that when drug-using pregnant women seek professional help they can feel that their moral worth is threatened by professionals negative attitudes which can make service-use challenging.

Open Content Licenses

The EU Directive harmonising copyright, Directive 2001/29/EC, has been implemented in all META-NORD countries. The licensing schemas of open content/open source and META-SHARE as well as CLARIN are discussed shortly. The status of the licensing of tools and resources available at the consortium partners are outlined. The aim of the article is to compare a set of open content and open source license and provide some guidance on the optimal use of licenses provided by META-NET and CLARIN for licensing the tools and resources for the benefit of the language technology community.

Armchair or Zigzag? A tool for characterizing graphene edge

Electronic, magnetic, and structural properties of graphene flakes depend sensitively upon the type of edge atoms. We present a simple software tool for determining the type of edge atoms in a honeycomb lattice. The algorithm is based on nearest neighbor counting. Whether an edge atom is of armchair or zigzag type is decided by the unique pattern of its nearest neighbors. Particular attention is paid to the practical aspects of using the tool, as additional features such as extracting out the edges from the lattice could help in analyzing images from transmission microscopy or other experimental probes. Ultimately, the tool in combination with density-functional theory or tight-binding method can also be helpful in correlating the properties of graphene flakes with the different armchair-to-zigzag ratios. Program summary Program title: edgecount Catalogue identifier: AEIA_v1_0 Program summary URL: http://cpc.cs.qub.ac.uk/summaries/AEIA_v1_0.html Program obtainable from: CPC Program Library, Queen's University, Belfast, N. Ireland Licensing provisions: Standard CPC licence, http://cpc.cs.qub.ac.uk/licence/licence.html No. of lines in distributed program, including test data, etc.: 66685 No. of bytes in distributed program, including test data, etc.: 485 381 Distribution format: tar.gz Programming language: FORTRAN 90/95 Computer: Most UNIX-based platforms Operating system: Linux, Mac OS Classification: 16.1, 7.8 Nature of problem: Detection and classification of edge atoms in a finite patch of honeycomb lattice. Solution method: Build nearest neighbor (NN) list; assign types to edge atoms on the basis of their NN pattern. Running time: Typically similar to second(s) for all examples. (C) 2010 Elsevier B.V. All rights reserved.

SuSeFLAV 1.2: Program for supersymmetric mass spectra with seesaw mechanism and rare lepton flavor violating decays

Accurate supersymmetric spectra are required to confront data from direct and indirect searches of supersymmetry. SuSeFLAV is a numerical tool capable of computing supersymmetric spectra precisely for various supersymmetric breaking scenarios applicable even in the presence of flavor violation. The program solves MSSM RGEs with complete 3 x 3 flavor mixing at 2-loop level and one loop finite threshold corrections to all MSSM parameters by incorporating radiative electroweak symmetry breaking conditions. The program also incorporates the Type-I seesaw mechanism with three massive right handed neutrinos at user defined mass scales and mixing. It also computes branching ratios of flavor violating processes such as l(j) -> l(i)gamma, l(j) -> 3 l(i), b -> s gamma and supersymmetric contributions to flavor conserving quantities such as (g(mu) - 2). A large choice of executables suitable for various operations of the program are provided. Program summary Program title: SuSeFLAV Catalogue identifier: AEOD_v1_0 Program summary URL: http://cpc.cs.qub.ac.uk/summaries/AEOD_v1_0.html Program obtainable from: CPC Program Library, Queen's University, Belfast, N. Ireland Licensing provisions: GNU General Public License No. of lines in distributed program, including test data, etc.: 76552 No. of bytes in distributed program, including test data, etc.: 582787 Distribution format: tar.gz Programming language: Fortran 95. Computer: Personal Computer, Work-Station. Operating system: Linux, Unix. Classification: 11.6. Nature of problem: Determination of masses and mixing of supersymmetric particles within the context of MSSM with conserved R-parity with and without the presence of Type-I seesaw. Inter-generational mixing is considered while calculating the mass spectrum. Supersymmetry breaking parameters are taken as inputs at a high scale specified by the mechanism of supersymmetry breaking. RG equations including full inter-generational mixing are then used to evolve these parameters up to the electroweak breaking scale. The low energy supersymmetric spectrum is calculated at the scale where successful radiative electroweak symmetry breaking occurs. At weak scale standard model fermion masses, gauge couplings are determined including the supersymmetric radiative corrections. Once the spectrum is computed, the program proceeds to various lepton flavor violating observables (e.g., BR(mu -> e gamma), BR(tau -> mu gamma) etc.) at the weak scale. Solution method: Two loop RGEs with full 3 x 3 flavor mixing for all supersymmetry breaking parameters are used to compute the low energy supersymmetric mass spectrum. An adaptive step size Runge-Kutta method is used to solve the RGEs numerically between the high scale and the electroweak breaking scale. Iterative procedure is employed to get the consistent radiative electroweak symmetry breaking condition. The masses of the supersymmetric particles are computed at 1-loop order. The third generation SM particles and the gauge couplings are evaluated at the 1-loop order including supersymmetric corrections. A further iteration of the full program is employed such that the SM masses and couplings are consistent with the supersymmetric particle spectrum. Additional comments: Several executables are presented for the user. Running time: 0.2 s on a Intel(R) Core(TM) i5 CPU 650 with 3.20 GHz. (c) 2012 Elsevier B.V. All rights reserved.

Assessment of driver vision functions in relation to their crash involvement in India

Among the human factors that influence safe driving, visual skills of the driver can be considered fundamental. This study mainly focuses on investigating the effect of visual functions of drivers in India on their road crash involvement. Experiments were conducted to assess vision functions of Indian licensed drivers belonging to various organizations, age groups and driving experience. The test results were further related to the crash involvement histories of drivers through statistical tools. A generalized linear model was developed to ascertain the influence of these traits on propensity of crash involvement. Among the sampled drivers, colour vision, vertical field of vision, depth perception, contrast sensitivity, acuity and phoria were found to influence their crash involvement rates. In India, there are no efficient standards and testing methods to assess the visual capabilities of drivers during their licensing process and this study highlights the need for the same.

La génesis del matrimonio civil

Resumen: Es insuficiente para comprender adecuadamente las causas sociales, políticas e ideológicas de la incorporación del matrimonio civil obligatorio a nuestra legislación, el analizar el período histórico próximo a la sanción de la ley 2.393. Por ello hemos organizado la investigación en tres capítulos: “Los matrimonios entre personas de distinta religión”, “Católicos y liberales” y “La Ley de Matrimonio Civil”. El primero abarca la problemática, las distintas soluciones y la legislación aplicable, en el Río de la Plata, desde el tiempo de la colonia hasta la sanción del Código Civil. El segundo, la concepción filosófica de los hombres de la generación del ochenta, protagonistas de la sanción de la ley 2.393, las dos corrientes de pensamiento enfrentadas por su concepto del hombre, la libertad y el Estado, la posición de la prensa, los criterios sustentados por los doctorandos de la época, el fenómeno inmigratorio y el proceso de secularización. Por último, el proyecto de ley, sus repercusiones en la sociedad, en la prensa, el clero y la opinión pública; y su tratamiento en el Congreso de la Nación. Buscamos discernir las causas verdaderas y principales y las ficticias que llevaron a la introducción del matrimonio civil en el derecho argentino, para ello no solo hemos consultado las fuentes habituales, sino que hemos examinado gran cantidad de fuentes originales de la época. Entre ellas, a) la totalidad de los artículos publicados en los diarios La Prensa y La Nación durante el período 1870–1888; b) las Cartas remitidas por el Obispo de Buenos Aires, Monseñor Aneiros y por el Obispo de Córdoba, Fray Reginaldo al Senado de la Nación; c) Actas de las Sesiones de las Cámaras de Diputados y Senadores y d) las tesis doctorales de Francisco Barroetaveña, Daniel Goytia, Julio Sánchez Viamonte, Leopoldo Tahiér, Federico Valdez, Alejandro González Vélez y Alejandro Garramuño.

Licenciamento ambiental de minerações em Minas Gerais : novas abordagens de gestão

Objetiva estudar o sistema de licenciamento e pós-licenciamento ambiental, com foco nas atividades minerárias do estado de Minas Gerais. Como marco referencial, analisa-se a evolução das políticas públicas, em especial as de meio ambiente e do sistema de licenciamento ambiental - instrumento mais efetivo dessas políticas - bem como questões atinentes à mineração sustentável. Como temas centrais, são avaliadas as etapas de licenciamento e pós-licenciamento do sistema implantado em Minas Gerais, incluindo seu histórico, arcabouço jurídico, recentes modificações e resultados até hoje obtidos no que tange especificamente às atividades minerárias, de significativa relevância na economia do estado.

Ativismo judicial no Brasil : o Supremo Tribunal Federal como arena de deliberação política

Questão de grande relevância, nos dias atuais, no âmbito da Ciência Política, diz respeito às decisões políticas tomadas pelo Supremo Tribunal Federal, o que se denomina ativismo judicial. O termo ativismo judicial indica que a Corte está deixando de se restringir à atividade interpretativa, para estabelecer novas condutas, criando direito novo. A tendência tem sido a de levar as questões políticas para serem debatidas no âmbito judicial, de forma que assuntos políticos passam a ser exteriorizados como jurídicos. Em todos esses temas, devemos ter em conta que o balizamento tanto da atividade política como da atuação jurídica é a Constituição. Todavia, o que se tem observado é que Supremo passou a adotar uma nova postura interpretativa, de modo a permitir que, por via hermenêutica, torne-se possível corrigir a lei, modificá-la ou mesmo criar direito novo onde a lei nada especifica, além de permitir a criação de normas de caráter constitucional por decisão judicial. Três casos importantes ilustram bem esse cenário: a verticalização das coligações, a instalação obrigatória de comissões parlamentares de inquérito e a perda de mandato decorrente da troca de partido. Por serem temas de cunho eminentemente político, as decisões judiciais proferidas nessas matérias enquadram-se bem no campo do ativismo judicial, daí por que foram escolhidos como estudos de caso. O objetivo da tese é identificar as causas dessa nova postura do Supremo Tribunal Federal, tendo em vista que ela rompe com o entendimento adotado na jurisprudência anterior, em que essas mesmas matérias eram consideradas estritamente políticas e, portanto, fora da competência decisória da Corte.

Aportaciones metodológicas a la gestión y explotación de nubes de puntos procedentes de escáneres tridimensionales, aplicados a la documentación geométrica del patrimonio. El caso de la Portada de los Hierros de la Catedral de Valencia

Presentado en: IX Congreso Internacional de Rehabilitación del Patrimonio Arquitectónico y Edificación (Sevilla, España, 9-12 julio 2008)

Presencia equilibrada entre mujeres y hombres en consejos de administración: identificación de los Stakeholders

[ES] En España, la reciente normativa ha convertido la presencia equilibrada de mujeres y hombres en los Consejos de Administración en un elemento a incorporar en la gestión empresarial. El objetivo de este trabajo es identificar los grupos de interés (stakeholders) que demandan a las empresas esta presencia equilibrada utilizando la metodología de Mitchell et al. (1997) y Agle et al. (1999).

Moral cleansing and moral licenses: experimental evidence

Research on moral cleansing and moral self-licensing has introduced dynamic considerations in the theory of moral behavior. Past bad actions trigger negative feelings that make people more likely to engage in future moral behavior to offset them. Symmetrically, past good deeds favor a positive self-perception that creates licensing effects, leading people to engage in behavior that is less likely to be moral. In short, a deviation from a “normal state of being” is balanced with a subsequent action that compensates the prior behavior. We model the decision of an individual trying to reach the optimal level of moral self-worth over time and show that under certain conditions the optimal sequence of actions follows a regular pattern which combines good and bad actions. We conduct an economic experiment where subjects play a sequence of giving decisions (dictator games) to explore this phenomenon. We find that donation in the previous period affects present decisions and the sign is negative: participants’ behavior in every round is negatively correlated to what they did in the past. Hence donations over time seem to be the result of a regular pattern of self-regulation: moral licensing (being selfish after altruist) and cleansing (altruistic after selfish).

An assessment of development options in the longline fishery

The principal objective of this study is to evaluate the benefits that accrue to the national economies as a result of different longline operational models and licensing regimes, computed, for comparability reasons, on a per tonne basis. The primary source for the derivation of these per tonne returns was individual fisheries enterprises currently operating in the sector in the countries chosen for this study. In each case, the company disclosed to the consultant detailed financial, operational and marketing data which has enabled the findings to be based upon actual empirical data, rather than assumptions or interpretations of current practice and benefit outcomes. Data obtained related principally to the 2005 calendar year. [36pp.]