Co-ownership of patents under German law

Legal context: Co-ownership of patents is a specific form of entitlement toa patent. Thus, it stands in the legal context of the questionof who may benefit from an invention and a patent, but alsoof who has to bear the costs of it. Parties to a co-ownershipare free to determine the terms of their co-ownership. If theydo not enter into specific agreements, the statutory rules—inGermany the rules of the community of part owners—apply. Key points: The article describes the most important aspects where Germanstatutory rules do not usually address the needs of the co-owners. Practical significance: Parties are advised to agree on these points before disputesarise. In particular, they should agree on the terms of thedefence, enforcement, and exploitation of their patent. Thisapplies especially against the background of the increasingnumber and importance of joint research and development projectsand patents resulting from them.     

Intersections and Inconsistencies. Framing Gender in Right-Wing Populist Discourses in Austria

The paper contributes to the discussion on (re)framing processes of gender equality focusing in particular on right-wing populist discourses in Austria. Our frame analysis of 50 texts published by four right-wing (extremist) parties and movements reveals that traditional (family) values, women's “free choice”, and LGBT rights play important roles in right-wing populist (re)framing processes of gender equality. Our data also show notable inconsistencies with regard to the meanings attached to gender and gender equality within the discourses studied. For instance, right-wing populists are, on the one hand, concerned with the protection of “the traditional family”—which means being against e.g. same-sex marriage and emphasizing women's wish to stay at home. On the other hand, these same actors argue against immigration by using gender arguments in a different and even contradictory manner, claiming that e.g. Muslim men are bound by their “culture” to discriminate women and LGBT people. Our intersectional approach, analytically focusing on different meanings that gender equality acquires at the intersections with ethnicity, nationality, religion/culture, and sexuality, shows that within right-wing populist discourses inconsistencies in the framing of gender and gender equality arise in relation to the shifting meanings attributed to the essential dichotomy of “us” versus “them”. While the discursive construction of antagonistic positions is essential for right-wing populism, the groups/people designated to fill these “slots” might differ according to topic. We argue that “intersectionality from above” is one of populists' instruments to gloss over inconsistencies and to (re)frame gender equality in an on-going process of (re)negotiations of meanings.     

Religious Conflicts in Cyberage

The rise of the Internet has a profound impact on the way conflicts are carried out and the faithful practice their religions. This article explores new dimensions of religious conflicts by theoretically reflecting on new developments in cyberage and by substantiating this with an empirical case study—the Moluccan conflict (Eastern Indonesia). Due to the exponential growth of Internet access worldwide, religions and their followers are increasingly expanding into the online world as a new “marketplace” for religious symbols and identities that fosters religious transnationalism. At the same time conflict actors worldwide have been making increasing use of the Internet to expand their networks, plan actions and fight their enemies. While scholars have so far primarily focused on more globalized online terrorism, this paper analyses a conflict that has mainly been fought out between Christians and Muslims in a remote part of this world, but then expanded into cyberspace. Local conflict actors have used the Internet as a global stage for their cause, to connect to and seek support from their transnational religious communities, but also to manipulate the outside world's perception of the Moluccan conflict. Researching the online projects and identity politics of these actors and their offline contexts, it becomes clear that the Internet has helped to essentialize (religious) identities and to influence the conflict at the local level through the networking and mobilization of people worldwide.     

Model Workers or Hardened Nazis? The Australian Debate about Admitting German Migrants, 1950-1952

Immigration policies implemented in the early 1950s by the Menzies government embraced several principles defined by the postwar Labor government, trying to accommodate employers, unions, veterans and ethnic voters within a framework of international considerations. The issue of admitting Germans severely tested the government's ability to reconcile these divergent interests. While anti-communism and established ethnic stereotypes were the undercurrents driving the debate, the practical demands of the Australian labour force, on the one hand, and the memories of the Second World War, on the other, also assumed much prominence in the public rhetoric. This study suggests that despite the existence of a common set of assumptions, both sides in the debate constructed opposing viewpoints to exploit them for partisan purposes. Groups or individuals whose concerns indeed focused on the advantages and disadvantages of admitting German migrants were shunted aside in this essentially political battle.     

Is there a magical time boundary for diagnosing eyewitness identification accuracy in sequential line‐ups?

We examined whether eyewitness identification latencies for sequential line‐up decisions indicate an optimum time boundary that reliably discriminates accurate from inaccurate decisions. Participants (N = 381) observed a crime simulation and attempted two separate identifications from target‐present or target‐absent sequential line‐ups. As has previously been found with simultaneous line‐ups, the optimum time boundary identified did not reliably discriminate accurate from inaccurate identifications for both line‐up targets. Diagnosticity for choosers was, however, much higher at very high confidence levels than at lower levels. Possible reasons for why one index of signal strength (confidence), but not another (latency), might postdict accuracy within the sequential framework were presented.     

The political economy of sugarcane flexing: initial insights from Brazil,Southern Africa and Cambodia

In the context of rising resource demand, agricultural crops such as sugarcane are being promoted for their multiple uses in different commodity markets and as alternatives to fossil fuel equivalents (i.e. as a source of biofuel, bioelectricity and bioplastic). These commodities are also produced on an increasingly flexible basis, as sugarcane mills respond to price signals and switch between different crop uses. This paper offers a preliminary exploration into the politics of this latest development in the capitalist industrialization of agriculture. It does so by focusing primarily on flexing in Brazil and highlighting the role of the state in both creating markets for non-food products that sugarcane mills can now switch between and managing the tensions that arise from this. These tensions have concerned consumer prices for fuel, control of distribution infrastructure and conditions of land conversion, each prompting political interventions by the state. The paper then suggests how this same process is taking place, albeit shaped by different contexts, in Southern Africa and Cambodia. It concludes with some key questions for further research: is flexing eroding the distinction between crop regimes? How do primary processors decide what their product mix will be? And on what basis do state actors support flexing between agricultural products and investments in so-called bio-refineries?     

Agrarian structure,foreign investment in land,and land prices in Brazil

The recent global rush for farmland in Latin America has produced a dramatic increase in the level of foreign investment in land in Brazil. The current trend accentuates the ongoing process of foreignization of agriculture associated with the production of grains, sugar, ethanol and other commodities, increasing land prices. In response, the Brazilian government reestablished a legal mechanism for ‘controlling’ land-based foreign investment which has proven neither efficient nor effective in solving land concentration. This paper examines this issue by analyzing the causes of the increase in investment as well as the consequences of this process with respect to land prices, critically situating land-based investments and the government's policy response in a broader discussion of the demands of agrarian social movements.     

The Real Dirt on Responsible Agricultural Investments at Rio+20: Multilateralism versus Corporate Self‐Regulation

This article uses a fine‐grained anthropological and linguistic analysis to expose the routine negotiating practices and power games behind the conclusion of paragraph 115 on responsible agricultural investments during the Rio+20 Conference in June 2012. These negotiations are simultaneously a telling example for the quotidian stuff of international governance—an arena in which much larger forces are played out through small language‐based tactics, and they are representative of an exceptional moment when global multilateral policy making in the frame of the United Nations was challenged by the legitimation of private authority and corporate self‐regulation. Combining anthropological and linguistic methods, the article focused on language use, analyzing the ways in which people interact in a highly coded language, how they “perform,” by exploring, playing with, and twisting the grammatical structures of the spoken language. At issue is the large‐scale appropriation of agricultural land all over the world by multinational corporations, investment funds, and foreign governments.

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Efficient compensation for employees' inventions

We analyze a legal reform concerning employees' inventions in Germany. Using a simple principal-agent model, we derive a unique efficient payment scheme: a bonus which is contingent on the project value. We demonstrate that the old German law creates inefficient incentives even if litigation cost is zero. However, the new law (concerning university employees) and the pending reform proposal (concerning other employees) also fail to implement first-best incentives. With suboptimal incentives to spend effort on inventions, the government's goal, an increase in the number of patents, is likely to be missed. A part of this research was done while I enjoyed the hospitality of the University of California in Santa Barbara (Economics Department) and Berkeley (Law School). Financial aid by the Thyssen Stiftung is gratefully acknowledged. classification K 12 . J 33 . C 72