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In Germany, the utility model is a type of intellectual property right that provides protection for novel and useful inventions. It is governed by the German Utility Model Act (“Gebrauchsmustergesetz” – GebrMG) which was enacted in 1891, making it the oldest still-existing utility model system in the world. Utility models grant the right holder exclusive control over the use and commercialisation of an invention for a period of ten years from the date of filing, subject to the payment of annual renewal fees. In a way, the utility model is the “little sister” of a full-fledged patent (also called a “petty patent”), protecting the same type of subject matter (technical inventions) with a more limited scope.
Most scholars agree that candidates’ use of negative campaigning is based on rational considerations, i.e., weighing likely benefits against potential costs. We argue that this perspective is far too narrow and outline the elements of a comprehensive model on the use of negative campaign communication that builds on personality traits, values, social norms, and attitudes toward negative campaigning as complementary mechanisms to classical rational choice theory. We test our theoretical assumptions using candidate surveys for twelve state elections in Germany with more than 3,100 candidates. Our results strongly suggest that negative campaigning goes beyond rational considerations. Although benefit–cost calculations are the primary driver of the decision to attack the opponent, other factors are also important and enhance our understanding of why candidates choose to engage in negative campaign communication. Our findings have important implications for research on candidate attack behavior.
Soon after the adoption of the new constitution and its own establishment, the German Constitutional Court ruled that the Basic Law had a “radiating effect” on all of German law and life, including private law. The Court reached this decision in the Lüth case amid much debate and a range of alternative understandings. Many legal actors worried that such a move toward horizontal application would blur the line between public and private law to the detriment of the civil law system. Following Lüth, jurists at all levels eventually assumed the Constitutional Court’s rationale that one could not speak of private law divorced from constitutional law. Still, certain elements of the German legal-political culture emphasized autonomy in private spaces. Likewise, constitutional actors largely considered cases relating to equality and antidiscrimination as a limit to horizontal application. As cases relating to such matters have arisen, the Constitutional Court and other constitutional actors have reexamined the reach of horizontal application. Republican discourses only extended so far in early understandings, but new forces, particularly in initiatives of the European Union, have led the Court and Bundestag to reassess how far into private spaces these rights commitments reach.
Our understanding of politics often relies on the ideological placement of political actors—ranging from scaling legislative roll-call voting in the United States to text-based classifications of political parties in Europe. A particularly thorny problem remains estimating individual positions in legislatures with strong partisan discipline. We improve upon recently developed measurement strategies and propose a novel approach for estimating legislators’ ideological positions: an expert survey in which respondents compare pairs of representatives on a left-right dimension. The innovation of our approach lies in the combination of four particular features. First, we rely on political youth leaders who are insightful and easy to recruit. Second, the rating task does not involve numeric scaling and consists of simple pairwise comparisons. Third, we efficiently and automatically detect informative comparisons to reduce the cost and length of the survey without compromising our estimates. Fourth, we use a Bayesian Davidson model with random effects to generate an ideological position for each legislator. As an empirical illustration, we estimate the placement of the 709 members of the 19th German Bundestag. Several validity tests show that our model captures variation within and across political parties. Our estimates offer a thorough benchmark to validate alternative measurement strategies. The presented measurement strategy is flexible and easily extendable to diverse political settings because it can capture comparisons among political actors across time and space.
This chapter details Schopenhauer’s critique of a key modern ideology that grew increasingly strong during his own lifetime: nationalism. First, it notes how Schopenhauer argued that ethnic sameness cannot ground any moral obligations of individuals. Second, it turns to Schopenhauer’s critical dissolution of teleological national history, according to which nations are collective agents with a singular fate. For him, nations were not unified subjects with one shared destiny. Third, it reviews his caustic comments on the increased importance of the vernacular in scholarly communication and the attempt to establish an exclusively German literary canon. To Schopenhauer, nationhood was not even a useful category of cultural appreciation. Through this reconstruction, Schopenhauer emerges as a fierce antinationalist who questioned the importance of the nation as a supposedly cohesive community of mutual care, a unified historical subject, or even a meaningful cultural phenomenon.
Debates on reparations for colonial atrocities highlight the relationship between international law, political time, and (in)justice. This paper examines Germany's foreclosure of reparation claims raised by descendants of survivors of its 1904–8 colonial genocide. The analysis draws on parliamentary interpellation records (1989–2021) around the question of German reparations to Namibia's Ovaherero and Nama. I argue that Germany mobilizes temporal rules of international law, especially the non-retroactivity of the Genocide Convention, to deflect from such claims. This strategy first confines the political question of colonial reparations to the international legal realm, only to then invalidate it via the temporal rule of law's non-retroactivity. I argue that this strategy enables a ‘chronopolitics of deflection’, by which Germany has pointed away from colonial reparations while directing attention to development assistance payments to Namibia. The paper relates these findings to theories of political time, arguing that Germany's reliance on the non-retroactivity of the Genocide Convention yields what I call a ‘projection of history as normatively temporalized time’. The paper concludes with critiques of the relationship between international law and colonial reparations, arguing that current invocations of inter-temporal and non-retroactive international law implicitly reiterate colonial law, thereby locking in place an unjust legal past.
Drawing from the experiences of thirty-two refugee women who fled with their children from Ukraine to two German cities, Berlin and Frankfurt Oder, this article explores how being a refugee and a mother affects the anchoring, along with the un-anchoring and embedding of Ukrainian refugees in their new environment. It illustrates that solidarity practices and (inter)actions play a crucial role in mobility considerations, as the interlocutors engaging in solidarity work find meaning in building lives in their new environment. The identities of the interlocutors as refugees and mothers play an important role in shaping the solidarity they articulate as they work to support others in a similar situation in cultivating agency, which, at the same time, gives the interlocutors comfort in their own struggles. This article also makes a valuable contribution to the scholarly literature on transnational family ties through the case of Ukrainian refugee women in Germany, who often have family members remaining in/returning to Ukraine. The interlocutors positioning as mothers and refugees means that they engage in negotiating mobility considerations with these positions in hindsight — providing new avenues of enquiry into the agency of refugee-mothers, reflecting on life aspirations, and considering their specific positionalities and forced migration context.
In chapter 11, To act now if we are to act at all (June 16 - Jun 27) the relative calm in Austria is followed by increasing concern about Germany which looses foreign exchange. The Bank of England, the New York Fed, the Banque de France and the Bank for International Settlements arranges a $100 million credit to the Reichsbank. Meanwhile,on June 20, US President Herbert Hoover announces his plan for a one year moratorium, which is received positively in most of Europe, but not in France. George Harrison assumes a more active role in trying to defuse the concern about a breakdown in Europe, and he enters into dialogue with the Banque de France, which is more open to a solution than the French government. The chapter ends with some optimism that the Hoover proposal may have changed the situation in Europe.
Chapter 13, Germany will collapse (June 19 - July 10) begins with everyone’s eyes on Germany where the uncertainty about the French position towards the Hoover plan increases every day. More generally, politics comes to play a larger role, as Norman increasingly emphasizes that it’s about politics, and Harrison has to take Hoover’s plan into account. At the same time leadership in the epistemic community of central bankers shifts away from Norman toward Harrison, who enters into a dialogue with French central bankers. Tensions arise between Norman and Harrison, as the begin to subscribe to divergent narratives of the situation and what needs to be done. In Germany, the situation gets more concerning by the hour, and Hans Luther travels to London and Paris in an unsuccessful attempt to secure a giant credit to the Reichsbank.
Chapter 10, A world political problem (June 11 - June 16). This chapter recounts the endgame of the Austrian crisis, while instability spreads to Germany. Norman comes to realize that in reality there is not much the central banks can do, since the real issue is "a world political problem" going all the way back to the Versaille Peace Agreement of 1919, the German war reparations and the allied’s war debts. The International Creditors Committee negotiate in Vienna with the Credit Anstalt and the Austrian government and at the very last minute they succeed in getting guarantee for their deposits, while promising to leave them for at least two years. At the same time, on June 16, negotiations with French bankers over the Austrian bond loans fails, and the Bank of England singlehandedly steps in with a bridge credit to the government. Together, the loan and the standstill agreement stops the Austrian crisis, at least for a while.
Chapter 14, Aqnxiety within Germany at climax (July 11 - July 23). In this chapter tension reaches its climax as the Darmstädter und Nationalbank (Danatbank) fails on July 13. Without help from outside of Germany, the German government declares a bank holiday and introduces exchange controls, effectively ending the gold standard in Germany. The New York Fed and Harrison declines to intervene and the BIS does not have the resources or the inclination to intervene. Norman’s position that the situation goes back to the Versaille Peace agreement and is now a matter for governments strengthens. A conference in London is unable to come up with new solutions and meanwhile sterling comes under pressure. The fear of contagion beginning in early May is now a reality.
Chapter 11 explores how German criminal procedure, in the same way as German substantive criminal law, builds on a main body of legislation that was drafted in the nineteenth century. While the German Code of Criminal Procedure has been amended numerous times – also with the intention to address digital transformation and the shift to an information society – the obtaining of digital evidence (in particular from service providers), its analysis and its transformation into evidence introduced in a criminal trial remain areas with many challenges, uncertainties of legal interpretation and need of legislative reform. This chapter aims to provide an overview of core themes of digital evidence in criminal justice and the cooperation of service providers in criminal matters in Germany – in particular those that seem of most relevance to an international audience.
Chapter 8, Surrounded with trouble (June 5 - June 10). The BIS board decides to grant a second credit to the BIS, but only after a prolonged discussion and it is made conditional on the placement of the Austrian government loan. There is increasing concern about the schilling as capital flows out of the country and the government issues take increasing priority, without being placed. At the same time, Germany’s reparations issues become ever more present as the German Chancellor Brüning meets with Prime Minister MacDonals at Chequers. Shortly before, Brüning published a statement saying that the burden on the German people has reached its limit. The international creditors too become increasingly nervous about the Austrian situation.
This study aimed to compare reimbursement prices for new, innovative non-orphan drugs in Germany based on price negotiation and cost-effectiveness analysis, using the efficiency frontier (EF) approach and cost-utility analysis (CUA). For the EF, the next effective intervention and no intervention were used as comparators. Three pairwise comparisons were conducted: negotiation vs EF, CUA vs EF and negotiation vs CUA. For the comparison between negotiation and EF, relative risk reductions for a given added health benefit were assigned, and resulting price premiums were determined using an empirical estimate from the literature and a conceptual model. The difference between CUA vs EF was determined based on an aggregation rule and thresholds for CUA based on the average and marginal cost-effectiveness of the health care system. The difference between negotiation and CUA was determined through an indirect comparison. Price premiums based on negotiation are approximately 10–40 per cent higher than those based on EF using no intervention as a comparator. Furthermore, price premiums based on CUA (threshold at system-average cost-effectiveness) are approximately 25–50 per cent higher than those based on EF using no intervention as a comparator. The indirect comparison predicts that price premiums based on CUA (threshold at system-average cost-effectiveness) are approximately 10–15 per cent higher than those based on negotiation. For a threshold set at system-marginal cost-effectiveness, price premiums based on CUA are more than threefold higher than those based on negotiation. In the German health care system, CUA with a threshold set at system-average or system-marginal cost-effectiveness is predicted to yield higher reimbursement prices than price negotiations or the EF approach based on no intervention as a comparator.
Germany’s 2022 Zeitenwende (watershed) has been widely interpreted as a break with Berlin’s decades-long attempts to offer security ‘with rather than against Russia’. In the 1970s, West Germany’s social democrat-led government had embarked on Ostpolitik (Eastern policy) as a way of normalising relations with the German Democratic Republic (GDR) and other Soviet satellites by fostering closer economic ties with Moscow. This policy was extended by subsequent governments and even endured, though in new form, after the fall of the Berlin wall. Ostpolitik is now commonly seen to have culminated in a Kremlin-friendly political landscape and an economy dependent on Russian gas. More than two years after Zeitenwende, the jury is still out as to whether Ostpolitik has been dismantled or simply remains on hold. This article shows that although German politics has experienced a seismic shift since the invasion, forces of continuity remain in operation. Ostpolitik was always in part the symptom of a desire to do realpolitik in Europe. This urge is unlikely to disappear.
How did we get from the religious core of the sixteenth-century Reformation to the notions of freedom popularised by Hegel and Ranke? Enlightenment's Reformation explores how two key cultural and intellectual achievements – the sixteenth-century Reformation and the late eighteenth-century birth of 'German' philosophy – became fused in public discussion over the course of the 'long' eighteenth century. Michael Printy argues that Protestant theologians and intellectuals recast the meaning of Protestantism as part of a wide-ranging cultural apology aimed at the twin threats of unbelief and deism on the one hand, and against Pietism and a nascent evangelical awakening on the other. The reimagining of the Reformation into a narrative of progress was powerful, becoming part of mainstream German intellectual culture in the early decades of the nineteenth century. Utilising Reformation history, Enlightenment history, and German philosophy, this book explores how the rich if unstable idea linking Protestantism and modern freedom came to dominate German intellectual culture until the First World War.
Northern Europe was the site of another great medieval experiment in statecraft, the Hanseatic League of cities that monopolized trade in the Baltic and North Seas. In a time and place of weak central authority, German-speaking cities in the northern tier of the Holy Roman Empire were the most powerful force in Northern Europe. They waged war against territorial states, winning steep concessions from the Danish Empire in 1370 that marked the league’s zenith. What was the source of Hanse power? Lübeck in northern Germany was the de facto capital. This city was the product of German migratory conquests in a vast Christianization effort. Soon it was an alpha city in a far-flung network that controlled trade from England to Russia and points between. The league led by Lübeck was locked in a zealous, centuries-long struggle to gain and protect trading privileges in the burgeoning financial centers of a new urban age. The Hanse cities formed a network within a network, establishing strongholds in the globally significant nodes of Bergen, Bruges, London, and Novgorod.
International Relations (IR) accounts of the post–World War II international order often claim that after its defeat, Germany ‘transformed’ from a fascist, militaristic, and racist state into a model liberal democracy, facilitating its full rehabilitation and integration into Western institutions and alliances. Yet a closer examination of post-war German domestic and international politics challenges this account: denazification was widely reviled, survivors faced ongoing persecution, and a retooled antisemitism asserted itself in international diplomacy. This article offers the concept of adaptive politics to capture how collectively held beliefs, identities, policies, and conduct travel across incisive political events like defeat in war, occupation, and genocide, outlining the complex concurrence of continuity, adaptation, and change in their aftermath. Drawing on theories of sovereignty, biopolitics, racism, and antisemitism, the article tracks the unfolding of West German adaptive politics in the immediate post-war period, focusing on efforts to exonerate perpetrators, modifications of racism and antisemitism, and the role of the trauma diagnosis in debilitating survivors. By sanitising this history, IR scholarship positions the post-war liberal international order, and the international politics of the West more broadly, as entirely disconnected from the disordered conduct associated with Nazism.
This chapter explores the link between eternity clauses and electoral democracy by looking at two instances of unamendable democracy: party bans, both direct and indirect, and the protection of parliamentary mandates. These two approaches are illustrated via a range of case studies: the ban of anti-democratic parties in Germany; bans of ethnic, separatist, and religious parties in Turkey; indirect unamendability and its chilling effect on party competition in Israel; and the judicial protection of parliamentary mandates as unamendable in Czechia. Whereas such measures are adopted in the name of protecting democracy, the analysis here indicates that courts will not always strike the right balance between safeguarding and unduly narrowing democratic commitments. In some cases, they may even unintentionally undermine multipartyism itself or significantly influence electoral outcomes. Thus, the bluntness and open-ended nature of unamendability risks having a chilling effect on electoral democracy in both fragile and more stable democratic contexts.