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.     

Conflicting patterns of thought in the Russian debate on transition: 1992 – 2002

After a paradigm shift in Russian economics around 1990, in the period 1992 – 2002 Russian economists increasingly returned to the path-dependent shared mental models that had prevailed earlier in their country. In particular, after the liberal reform concept seemed to have failed to solve the socio-economic problems of transition, the old debate between ‘Westernisers’ and Slavophiles was forcefully revived. The conflict between these camps has not yet been settled. This makes it difficult to predict the further development of Russia's economic and political order.     

Horizontalföderalismus und Schweizer Demokratie

Der Beitrag analysiert den zunehmenden Horizontalföderalismus im politischen Mehrebenensystem der Schweiz und fragt nach den Gefahren und Chancen für die Weiterentwicklung der Schweizer Demokratie. Die Evaluierung erfolgt auf der Basis der komplexen Demokratietheorie von Fritz Scharpf, ergänzt um die konstitutiven Perspektiven einer reflexiven Demokratietheorie. Insgesamt wird deutlich, dass der Horizontalföderalismus vor allem aus einer liberalen Position innerhalb einer Output‐ orientierten Demokratietheorie als problematisch angesehen werden muss, da die kantonale Exekutive gegenüber der Legislative gestärkt wird. Der Aufsatz betont aber die Chancen für die schweizerische Demokratie, da der Horizontalföderalismus grosse Ähnlichkeiten mit den Entscheidungsfindungsprozessen auf internationaler Ebene besitzt. Er liefert damit der Schweiz ein Übungsfeld, um ihr traditionell sehr introvertiertes Verständnis von demokratischer Selbstbestimmung zu überwinden und anzuerkennen, dass in einer interdependenten und mobilen Welt die “Einbeziehung des (externen) Anderen” ein Bestandteil einer legitimen demokratischen Ordnung darstellt.     

“Gendering” European security: policy changes,reform coalitions and opposition in the OSCE

The Organisation for Security and Co-operation in Europe (OSCE) has rarely been considered in scholarship on gender and security, even though it was one of the regional security organisations whose gender policy predated the United Nations Security Council’s call for more international attention to issues related to women, peace and security in October 2000. Based on an analysis of official OSCE documents and on semi-structured interviews, we trace the integration of gender issues in the OSCE and explore the rationale behind and the challenges associated with it. We identify two phases of gender policy change in the OSCE and show how the integration of UNSCR 1325 brought about an expansion of OSCE gender policy from an exclusive focus on “soft” security issues towards increased inclusion of gender in the area of “hard” security. Drawing on historical and feminist institutionalism, we argue that reform coalitions were crucial for the policy changes in the OSCE but that they encountered institutional and ideational barriers, which hampered implementation of the gender policy. In light of rising opposition, our analysis warns of a backlash that might jeopardise current achievements.     

The New Electoral Law – or: Good Things Don't Always Come to Those Who Wait

In the year 2008, the German Federal Constitutional Court ruled that the formerly applicable Electoral Law was unconstitutional due to the effect of the so-called ‘negative voting weight’. After a five-year debate, the new Electoral Law was passed in spring 2013, according to which the following parliamentary elections were conducted in autumn. This new law mainly fulfils the regulations laid down by the Constitutional Court, although not to their full extent. Through the introduction of adjustment mandates for overhang mandates, the proportional representation between the parties represented in the German Parliament Bundestag was guaranteed for the first time. At the same time, however, an abundance of new problems such as a procedural return which is hard to reason, and the risk of a severely inflated Bundestag, are created.     

Competition of newspapers and the location of political parties

In this paper we suggest a model for an analysis of how newspapers and political parties determine their ideological orientation and how both decisions depend on each other. Quite naturally dissemination of information plays an important role. The model is set up as a two-stage game. Because elements of horizontal as well as vertical product differentiation are present in this model location patterns in ideology space exhibit in general neither maximal nor minimal differentiation, although we keep quite close to the Downs model, with information as the most important distinguishing feature. Furthermore, the model shows by way of example that economic theory can be a useful tool to investigate issues which are central to communication science.     

Fatal inhalation of butane-propane gas

Fatal intoxications with butane and/or propane are rare although the inhalation of such liquid gases in order to induce hallucinations is not uncommon amongst youngsters, the number of which is difficult to evaluate. Thus the possibility of gas intoxication should be taken into consideration in all cases of unclear death of youngsters, in which case the macroscopic and histological findings will be unspecific whereas the chemical-toxicological analyses, especially of the native brain, lung and liver tissue, lead to definite conclusions.     

Delimitation of the time of death by immunohistochemical detection of thyroglobulin

To improve the possibilities to delimit the time of death after longer laytime it was examined if this is possible by immunohistochemical detection of thyroglobulin. The results show that in our examination material the colloid and the follicular cells of the thyroid glands of up to 5-day-old corpses produce a positive immunoreaction towards thyroglobulin in all cases whereas none of the corpses older than 13 days show such a reaction. This means that in case of a negative immunoreaction the time of death can be assumed to lie more than 6 days before the autopsy. The fact that a negative immunoreaction occurs consistently after 13 days leads to the conclusion that when thyroglobulin has been stained in a specimen, the death of the respective person must lie a maximum of 12 days earlier, whereby these time-limits may change in considerably different surrounding conditions.     

Immunohistochemical detection of methadone in the human brain

To develop a method of detecting methadone in the human brain by immunohistochemistry, brain tissue of frontal cortex, cerebellum, hippocampus, basal ganglions and brain stem from victims of a lethal methadone overdose was examined. The staining was performed with a monoclonal anti-methadone antibody from the mouse, originally developed for immunochemichal purposes (ELISA). With the help of the DAKO((R)) Catalyzed Signal Amplification (CSA) System, a specific positive immunoreaction was obtained in the neurons of the frontal cortex and hippocampus, as compared with specimen from deaths without exposition to methadone. Thus, along with metamphetamine, phenobarbital, morphine and insulin, immunohistochemical detection is also possible for methadone and the intake of this medicament can now be proven morphologically.