german american - AHK USA

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german american - AHK USA
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Volume 18 · Number 1 · January / February 2007 · $5.00
Magazine of the German American Chamber of Commerce
GERMAN AMERICAN
TRADE
Special report:
GACC • 75 Broad St • NY, NY 10004 • USA
PRSRT STD
US POSTAGE
PAID
PERMIT #3621
BUFFALO, NY
Patent Legislation in the US and the EU
The U.S. Economy in 2007
110th Congress in Session
GACCoM 2006 review
Renewable Energy Conference 2006
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More power to you.
Introducing the all-new BMW X5. With 260 horsepower, this second-generation Sports Activity Vehicle® will gladly introduce
your back to the lustrous leather seats — including those in the optional third row. And while it has the power to comfortably
carry seven passengers, it caters to each individually. A four-zone climate control system ensures contentedness all around.
As does the new 12-speaker CD audio system and optional DVD entertainment package. And with a cargo floor four inches
longer than its predecessor, it offers cavernous storage. The powerfully pleasing all-new BMW X5: we’ve expanded on a great idea.
Nevada leather optional, included in the premium package. ©2007 BMW of North America, LLC. The BMW name and logo, X5, SAV and Sports Activity Vehicle are registered trademarks.
92861_BMWCOR6130_German_150B 1
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Viewpoint
Great Expectations
for 2007
T
Dr. Benno W. Bunse
President & CEO
German American Chamber
of Commerce, New York
German American Trade · Vol. 18 · No. 1
he German American
Chamber of Commerce
New York (GACC NY)
has started the year 2007 with
energy, optimism and great
confidence. We have accomplished
some
substantial
changes in organizational and
management matters and look
forward to further strengthening German-American business
relations in 2007.
2007 is going to be a remarkable and special year for the
GACC NY. It marks the sixtieth
anniversary of our Chamber
which was founded in New
York on March 3, 1947 as the
“United States-German Chamber of Commerce, Inc.” Since
then our Chamber network in
the U.S. has grown significantly and matured into a
successful and influential element in the bilateral economic
relations. We will celebrate our
anniversary with a gala event
in early September where we
expect the German Federal
Minister of Economics and
Technology, Michael Glos, to
join us as our guest of honor.
In 2007 we intend to pursue
ambitious goals for our whole
Chamber network in the U.S.
Cooperation
among
the
regional Chambers has already
been expanded and intensified
in many fields of activity and
we wish to further optimize our
collaboration and establish
decisive synergies. Thus, we
will be able to offer improved
services to our clients, be more
cost-efficient, gain a more distinctive public profile and
expand our membership-base.
Based on these goals we have
developed a master plan which
includes a comprehensive concept of how to strengthen our
cooperation within the U.S.
Chamber network.
One important aspect of this
concept is to focus even more
on our customers’ desires and to
pay particular attention to the
needs of our member-companies. In order to better serve our
clients’ requirements, we are
going to conduct a survey with
our German and American customers. The answers to our
questions will enable us to evaluate our performance and to
define necessary steps to further
improve our representation in
the U.S.
Although there will be some
obstacles to overcome in 2007,
we are confident that due to our
enthusiasm and commitment,
we will be able to realize our
goals and expectations for 2007.
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emirates.com/usa
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Contents
Viewpoint
Cover Story
14 Patent Legislation in the US
and the EU.
3 Great Expectations for 2007.
6 German Business in the
U.S. on the Fast Lane.
In an interview with the
Financial Times published
on January 2, 2007,
German chancellor Angela
Merkel mentioned the issue
of patent legislations on
both sides of the Atlantic
being structured differently.
18 Our View Across the Pond.
The U.S. Economy in 2007:
Moderate growth with
a slight devaluation of
the U.S. Dollar
The German American
Chamber of Commerce
New York (GACC NY) has
started the year 2007 with
energy, optimism and great
confidence. We have
accomplished some substantial changes in organizational and management
matters and look forward to
further strengthening
German-American business
relations in 2007.
The TOP 50 German Firms
in the U.S. are showing
steadily increasing profits
and stable employment figures with more than $280
billion in revenues (up
from $270 billion), creating
over 500,000 jobs according to the annual ranking
of the German American
Chamber of Commerce.
Contents
Features
21 GACC Board Member,
Harry Huff, Awarded
German Medal of Honor
Regions
22 Looking back and
looking forward…
The German American
Chamber of Commerce of
the Midwest (GACCoM)
looks back at 2006 as a successful and exciting year.
28 110th Congress in Session
30 Renewable Energy
Conference 2006
In order to promote the
export of German technology a conference in
Orlando, Florida, on
November 28th, 2006 was
organized.
33 New Year’s Reception on
Fifth Avenue
34 Masthead
German American Trade · Vol. 18 · No. 1
Page 6: Top 50 German
Firms in the United States
show increasing revenues
and stable employment
figures, especially the
German car makers are
outperforming their
U.S. competition.
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Cover Story
Cover Story
German Business in th
Top 50 German Firms
in the United States
show increasing revenues
and stable employment
figures, especially the
German car makers
are outperforming their
U.S. competition.
Written by Nicola Michels, GACC New York
6
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Cover Story
n the U.S. on the Fast Lane
T
he TOP 50 German
Firms in the U.S. are
showing
steadily
increasing profits and stable
employment figures with
more than $280 billion in revenues (up from $270 billion),
creating over 500,000 jobs
according to the annual ranking of the German American
Chamber
of
Commerce.
Overall, U.S. subsidiaries of
German firms produce a significant portion of the global
revenue:
T-Mobile USA with 23%,
Siemens
USA
24%
or
Thyssenkrupp USA with 25%
of total sales.
Germany maintains its leadership in the chemical
industry with the BASF and
Bayer listings in the TOP 10.
Thyssenkrupp USA also made
it into the TOP 10 this year
due to higher demand in the
mechanical engineering sector. Another success story is
presented by T-Mobile USA as
the second largest GSM carrier
German American Trade · Vol. 18 · No. 1
in the US providing wireless
service to 23.3 million American customers.
German auto manufacturers are faring especially well
in
the
United
States:
Porsche’s sales are up 8%,
Volkswagen’s 8.6%, Audi
opened a record number of
new dealerships in 2006 and
DaimlerChrysler is leveraging
its premier brand Mercedes
Benz and sold 14% more cars.
This has come at a time when
GM and Ford have seen
shrinking sales with minus
8.3% and 7.5%. GM recently
lost its number one position
to Toyota.
What is the key to success
for the German carmakers in
the most competitive automotive market in the world?
Frank Witter, VW
German auto manufacturers
in the United States are reporting
record sales, while the American
competition is struggling. What
is the recipe for your success?
Frank Witter, CEO,
Volkswagen of America
Our current sales growth
cannot be directly compared
with the woes of the American
automobile manufacturers.
We have a relatively new
product portfolio that is being
well received by our customers, the press and other
industry insiders. There was a
very strong demand for our
turbo-diesel motors (TDIs) as
Americans began to realize
how smooth and efficient
these engines have become. I
also think both our Brands
benefited greatly from the top
safety accolades awarded to
our vehicles over the last several years.
Which challenges is your company facing on the road ahead?
Do the strengthening Euro or the
high gasoline prices affect your
business?
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Cover Story
One of the largest challenges
is
the
changing
regulatory environment. The
efficiency and performance of
our TDI engines is remarkable.
However, the newest US emissions standards, effective
model year 2007, are very
stringent and pose a technological challenge that is not
easy or cheap to resolve. Our
new diesel emissions technologies available in 2008 will
meet the emissions standards
for all fifty states.
The Euro/Dollar exchange
has always been a concern for
us. However, we are heavily
utilizing financial hedges and
have a strategy in place to
increase natural hedging.
Our vehicle sales in the US
are not as sensitive to fuel
prices as other manufacturers.
Actually, our sales potential
increased as fuel prices hovered around $3 a gallon. The
VW Brand has several cars
based that are class leaders in
fuel economy. And buyers of
8
luxury brands, like Audi,
Bugatti and Lamborghini are
less interested in fuel economy than they are in the
performance attributes of the
vehicle.
Which trends do you foresee
in the near future for your industry? Hybrids are not big in
Europe so far. Will that change?
Diesel in the US has not taken
off – could growing concerns
about global warming open up a
second chance?
Once the emissions technology is market-ready, I
believe diesel engines will
quickly penetrate the US market, just like they have in
Europe. We intend to encourage the adoption of clean
diesel engines through a marketing
cooperation
with
DaimlerChrysler,
called
BlueTec.
Tom Purves, CEO of BMW of
North America, LLC
German auto manufacturers
in the United States are reporting
record sales, while the American
competition is struggling. What
is the recipe for your success?
BMW’s strategy is based on
focus – providing the premium product in each market
segment in which we compete. The strategy applies to
our three independent and
non-competitive
brands:
BMW, MINI and Rolls-Royce.
Success in the US automotive
market depends on great
products, highly committed
and invested dealers and consistent marketing based on
what is authentic about your
brand.
Tom Purves, CEO of BMW
of North America, LLC
Which challenges is your company facing on the road ahead?
Do the strengthening Euro or the
high gasoline prices affect your
business?
The one consistent factor in
the automobile business is
that it’s filled with challenges.
The challenges themselves
change from time to time, but
the formula for success calls
for focus on your brand
German American Trade · Vol. 18 · No. 1
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Cover Story
strengths and the agility to
work with those strengths to
meet the ever-changing challenges. Exchange rates are
always a factor in our business
planning.
BMW products
offer very competitive levels
of fuel economy due to engine
technology like Valvetronic
and Vanos that control combustion mix and timing and
result in efficiency and performance gains. Our vehicle
sales remained consistently
strong throughout the year
even with fluctuations in
gasoline prices.
Which trends do you foresee
in the near future for your industry? Hybrids are not big in
Europe so far. Will that change?
Diesel in the US has not taken
off – could growing concerns
about global warming open up a
second chance?
The industry is investing
huge amounts of money to
meet its collective responsibility for greater fuel efficiency
and clean air. It is clear that
there is no single answer, and
what will result will be an
array of technologies that
match the brand characteristics
of
the
individual
companies. BMW’s strategy is
called Efficient Dynamics. It
calls for consistent gains in
fuel efficiency and performance in the gasoline engines
we offer today by using innovative technology. Efficient
Dynamics will bring high performance, clean-diesel BMWs
to the United States in 2008.
They will meet the strict 50-
German American Trade · Vol. 18 · No. 1
state regulations.
Another
technology that will be available short term is a hybrid
drive system. BMW’s longterm strategy is internal
combustion engines using liquid hydrogen.
Starting in
2007, BMW will have a fleet of
up to 50 demonstration vehicles in operation in the
United States to show the benefits of hydrogen and to
encourage investments in the
fueling infrastructure. The
Hydrogen 7 is a version of the
production 7 Series and operates with a dual fuel system of
gasoline and hydrogen.
Peter Schwarzenbauer,
President & CEO, Porsche Cars
North America, Inc.
German auto manufacturers
in the United States are reporting
record sales, while the American
competition is struggling. What
is the recipe for your success?
So far in 2006, Porsche is up
8 percent compared to 2005,
Peter Schwarzenbauer,
President and CEO,
Porsche Cars of North America
which was already a record
year for us.
If you look
around the industry, that’s
quite remarkable, considering
that our entry model starts at
about $40,000.
However, our recipe for success at Porsche is not simply
based on the hard sales numbers. In a way, we are not
selling cars. We are selling a
dream for most people. We
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Cover Story
are selling something that
serves as a little bit of selfrewarding: ‘I worked hard; I’m
successful, now I’m rewarding
myself with a great product.’
I’m always telling our people
we are not in the car industry;
we are in the dream-fulfilling
industry. This is the true key
to the success at Porsche.
Which challenges is your company facing on the road ahead?
Do the strengthening Euro or the
high gasoline prices affect your
business?
When you look broadly at
the overall industry, there
seems to be a trend in two
directions. One trend I’m seeing is a move to smaller cars.
To me, this is an indication
that people are taking fuel
consumption seriously. And
the second is a trend to luxury cars. The entire vehicle
segment over $40,000 is growing because many people have
more available income today.
Fortunately, for a brand such
as ours, people with more
income are likely to spend it
on nice things.
Which trends do you foresee
in the near future for your industry? Hybrids are not big in
Europe so far. Will that change?
Diesel in the US has not taken
off – could growing concerns
about global warming open up a
second chance?
Even among the automotive
industry there is no clear consensus on what is the best way
to solve this challenge. Based
on what we hear from the
market, I think more and
10
more consumers will demand
hybrids. Porsche needs to
have a hybrid in its lineup.
For the next years this seems
to be the concept where the
best remedy resides. We see
this in our research, and we
are hearing it at the dealership
level when people walk in and
say, ‘When will Porsche bring
its hybrid Cayenne?’ So more
and more people ask about
this, and we are going to
launch a hybrid in the next
several years.
Johan de Nysschen, Audi
German auto manufacturers
in the United States are reporting record sales, while the
American competition is struggling. What is the recipe for
your success?
The recipe is simple: great
product. The U.S. market is
the most intense and competitive market in the world. In
the U.S., the traditional
domestic competitors no
longer enjoy dominance. 50
years ago, they ruled the mar-
Johan de Nysschen, Executive
Vice President, Audi of America
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Cover Story
ket; today they are fighting to
maintain half of all sales.
And the key to this reversal is
product. The number of models available to the U.S.
consumer outnumbers those
available in every other global market. It's not enough to
be good, you have to have
great product. And if you do
anything to disappoint the
customer they will quickly
exercise the right to choose
your competitor. Our bigger
challenge in the U.S. is raisEmployees
Company
Employees
2005
2004
97,480
98,119
1
DaimlerChrysler
2
Siemens AG
67,000
70,000
3
The Great Atlantic & Pacific Tea Company, Inc.
50,000
50,000
4
Fresenius Medical Care Holdings Inc
30,183
31,183
5
DHL Holdings (USA), Inc.
30,000
30,000
6
T-Mobile USA, Inc.
29,000
24,200
7
Thyssenkrupp USA, Inc.
28,026
28,000
8 Robert Bosch Corp.
22,700
23,000
9
Bayer Corporation
16,200
20,227
10 Bertelsmann, Inc.
13,310
13,000
TOP 10 GERMAN FIRMS IN THE US (based on number of employees)
ing the awareness of the
brand. We don't enjoy the
same level of awareness in
the U.S. that we have in the
European market. Audi vehicles are second to none in
design, performance and
technology; we have to get
that message out to the U.S.
consumer.
Which challenges is your
company facing on the road
ahead? Does the strengthening
Euro or the high gasoline prices
affect your business?
Currency fluctuations and
fuel prices are clearly out of
our control. You can plan for
German American Trade · Vol. 18 · No. 1
swings, but realistically you
can't control these. The longterm economic fundamentals
pose a question mark over the
strength of the dollar. With
the Japanese Yen also being
relatively undervalued, this
places great pressure on European manufacturers to remain
cost competitive, and may
ultimately affect exports from
Europe to the U.S. The European Central Bank will have
to keep a close eye on this.
Which trends do you foresee
in the near future for your
industry? Hybrids are not big in
Europe so far. Will that change?
Diesel in the US has not taken
off – could growing concerns
about global warming open up a
second chance?
There is no one right
answer in the U.S. market.
Hybrids will have a place,
especially in densely populated cities where there is a
lot of stop-and-go driving.
But clearly, diesels are on the
horizon in the U.S. As new
technology also brings about
great
strides
in
diesel
exhaust emissions, so we can
expect the environmental
lobby to embrace diesel as an
alternative to hybrids.
In
fact, the environmental
impact of a diesel-powered
vehicle is superior to that of
a gasoline-powered hybrid.
But we have a task to educate
the public about this, as well
as about the performance
and fuel consumption benefits of these engines. The
rise in fuel prices will accelerate the shift to diesel, as
consumers open their minds
to new possibilities.
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Cover Story
TOP 50 Ranking of German Firms in the U.S. 2005/2006
Web Site
German Parent Company
1. Daimler Chrysler
Company
www.daimlerchrysler.com
DaimlerChrysler AG, Stuttgart
Tom LaSorda
2. Siemens AG
www.usa.siemens.com
Siemens AG, Munich
George Nolen
3. Volkswagen of America, Inc.**
www.vw.com
Volkswagen AG, Wolfsburg
Frank Witter
4. T-Mobile USA, Inc.
www.t-mobile.com
Deutsche Telekom AG, Bonn
Robert Dotson
Tom Purves
5. BMW of North America, LLC
www.bmwusa.com
BMW AG, Munich
6. Allianz of America*
www.allianz.com
Allianz AG Holding, Munich
Charles Kavitsky
7. BASF Corporation
www.basf.com
BASF AG, Ludwigshafen
Klaus Peter Loebbe
Gary Elliott
8. ThyssenKrupp USA, Inc.
www.thyssenkrupp.com
ThyssenKrupp AG, Düsseldorf
9. Bayer Corporation
www.bayerus.com
Bayer AG, Leverkusen
Attila Molnar
10. Robert Bosch Corp.**
www.bosch.com
Robert Bosch GmbH, Stuttgart
Peter Marks
Infineon AG, Munich
Gerry Duggan
11. Infineon Technologies North America Corp.
12. The Turner Corporation*
www.turnerconstruction. com Hochtief AG, Essen
Thomas C. Leppert
13. The Great Atlantic & Pacific Tea Company, Inc. www.aptea.com
Tengelmann Group, Mühlheim
Christian Haub
14. Fresenius Medical Care Holdings Inc
www.fmcna.com
Fresenius AG, Bad Homburg
Ben J. Lipps
15. Bertelsmann, Inc.*
www.bertelsmann.com
Bertelsmann AG, Gütersloh
Robert Sorrentino
16. Aldi, Inc.
www.aldi.com
Aldi Einkauf GmbH & Co.oHG, Essen
Vern Frazier
17. Porsche Cars of North America, Inc.
www.porsche.com
Porsche AG, Stuttgart
Peter Schwarzenbauer
18. Wacker Chemical Corporation
www.wacker.com
Wacker-Chemie GmbH
Dirk Funke
19. Henkel of America, Inc.
www.henkel.us
Henkel KG aA, Duesseldorf
John E. Knudson
20. E.ON North America, Inc.
www.eon.com
E.ON AG, Duesseldorf
Vic Staffieri
21. Audi of Amerca.
www.audi.com
Audi, Ingolstadt
Johan de Nysschen
22. Degussa Corporation**
www.degussa.com
Degussa AG, Duesseldorf
John Salvatore
Helmut S. Erhard
23. Lehigh Cement Company
www.lehighcement.com
Heidelberg Cement AG, Heidelberg
24. adidas America
www.adidas.com
adidas-Salomon AG, Herzogenaurach
Jim Stutts
25. Munich Re Group*
www.marclife.com
Münchner Rückversicherungsgesellschaft, Munich
David M. Holland
26. DHL Holdings (USA), Inc.*
www.dhl.com
Deutsche Post AG, Bonn
Hans Hickler
27. Berlex, Inc.
www.berlex.com
Bayer AG, Leverkusen
Reinhard Franzen
28.Lufthansa German Airlines
www.lufthansa-usa.com
Deutsche Lufthansa AG, Köln
Jens Bischoff
29. SAP USA
www.sap.com
SAP AG, Walldorf
Bill McDermott
30. Gea North America Holdings
www.geagroup.com
GEA Group AG, Bochum
Joachim Engelmann
31. Preussag North America, Inc
www.tui.com
TUI AG, Hannover
Harold Sher
32. Linde Gas, Inc.**
www.us.lindegas.com
Linde Gas, Hoellriegelskreuth
Patrick Murphy
33. B.Braun Medical Inc.
www.bbraunusa.com
B. Braun Melsungen AG, Melsungen
Caroll Neubauer
34. Freudenberg-NOK General Partnership
www.freudenberg-nok.com Freudenberg Dichtungs-und
Schwingungstechnik, Weinheim
Mohsen Sohi
35. Knorr Brake Holding Corp.
www.knorrbrakecorp.com
Knorr Bremse AG, Munich
Heinz Hermann Thiele
36. Cognis USA, Inc.
www.cognis.com
Cognis GmbH & Co. KG, Monheim
Paul S. Allen
Ulrich Wellen
37. Continental Tire North America
www.continentaltire.com
Continental AG, Hannover
38. Behr America, Inc.
www.behrgroup.com
Behr & Co. KG
Frank Mueller
39. MAN Ferrostaal Inc.
www.manferrostaal.com
MAN AG, Munich
Uwe T. Schmidt
40. Stihl Inc.
www.stihlusa.com
Andreas Stihl AG & KG
Fred Whyte
41. Altana AG
www.altana.com
Altana Industrie-Aktien und
Anlagen AG, Bad Homburg
Sven Olaf Berggoetz
42. Boehringer Ingelheim Corporation
www.boehringer-ingelheim.com Boehringer Ingelheim GmbH,
Ingelheim am Rhein
Marty Carroll
Hans-Henning Maier
43. Stinnes Corporation
www.stinnesusa.com
Stinnes AG, Berlin
44. Hapag-Lloyd (America), Inc.
www.hapag-lloyd.com
Hapag-Lloyd AG, Hamburg
Rudiger Mack
45. Fru-Con Holding Corporation
www.frucon.com
Bilfinger Berger AG, Mannheim
Juergen M. Schneider
Detlef Thielgen
46. Schwarz Pharma USA Holdings, Inc
www.schwarzusa.com
Schwarz Pharma AG, Monheim
47. Karl Schmidt Unisia, Inc.
www.kolbenschmidt.de
Kolbenschmidt AG, Neckarsulm
Frank Pohlmann
48.EMD Chemicals, Inc.
www.emdchemicals.com
Merck KGaA, Darmstadt
Douglas S. Brown
49. Beiersdorf, Inc
www.beiersdorf.com
50. Euromarket Designs, Inc. dba Crate & Barrel www.crateandbarrel.com
12
U.S. Top Executive
Beiersdorf AG, Hamburg
Paulo Zottolo
Otto GmbH & Co. KG, Hamburg
Gordon I. Segal
German American Trade · Vol. 18 · No. 1
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Cover Story
Location
2005/2006 Sales
Auburn Hills, MI
67,015
New York, NY
22,189
(Mio.$)
(EUR)
Employees
Business Activity
97,480
Automotive
67,000
Information and Communications, Automation and
Control, Power, Transportation, Medical, and Lighting
Auburn Hills, MI
18,300
2,500
Bellevue, WA
14,080
29,000
Woodcliff Lake, NJ
12,700
1,348
Automotive
Minneapolis, MN
12,612
2,000
Insurance
Florham Park, NJ
9,000
13,500
Chemicals
Troy, MI
9,400
28,026
Metals
Pharma
Pittsburgh, PA
9,175
16,200
Farmington Hills, MI
8,400
22,700
Cary, NC
7,930
3,200
Automotive
Communications
Automotive components
Semiconductors
Dallas, TX
7,476
5,000
Montvale, NJ
7,000
50,000
Grocery stores
Construction
Lexington, MA
6,772
30,129
Surgical and medical instruments
New York, NY
4,584
13,310
Media and publishing
Batavia, IL
3,600
3,000
Grocery stores
Atlanta, GA
3,480
240
Automotive
Adrian, MI
3,443
600
Chemicals
Gulph Mills, PA
3,442
7,271
Industrial organic chemicals
Louisville, KY
3,250
3,200
Electric power generation, transmission,
or distribution
Auburn Hills, MI
3,005
335
Parsippany, NJ
2,962
6,000
Allentown, PA
2,700
6,000
Portland, OR
2,000
965
Sports wear
Atlanta, GA
1,779
800
Insurance
Fort Lauderdale, FL
1,530
Pine Brook, NJ
1,300
(estimate)
30,000
2,417
(estimate)
700
Automotive
Industrial inorganic chemicals
Cement, hydraulic
Air courier services
Pharma
East Meadow, NY
1,300
Newton Square, PA
1,287
New York, NY
1,285
(estimate)
1,400
Coal and other minerals and ores
Atlanta, GA
1,250
(estimate)
1,500
Metals
6,019
Air transportation
Software
Cleveland, OH
1,130
4,087
Industrial gases
Bethlehem, PA
1,000
4,732
Surgical and medical instruments
Plymouth, MI
642.8
(estimate)
5,024
Automotive components
Watertown, NY
584.7
(estimate)
3,194
Railroad equipment
Cincinnati, OH
950
Charlotte, NC
849
(estimate)
1,400
Chemicals
8,000
Tires
Automotive components
Troy, MI
825
4,066
Oakbrook Terrace, IL
802
200
Virginia Beach, VA
800
New York, NY
796
Ridgefield, CT
771.5
Tarrytown, NY
Piscataway, NJ
Ballwin, MO
515
Wilmington, DE
542
867
Marinette, WI
272
1,800
Gibbstown, NJ
268
(estimate)
694
Wilton, CT
263
(estimate)
598
Northbrook, IL
248
(estimate)
Metals service centers
1,659
Power tools
2,000
Pharma
6,000
Pharma
739
2,166
Freight transportation
701
998
(estimate)
(estimate)
3,200
5,000
*sales are generated from multiple sources, that is from various associated companies
German American Trade · Vol. 18 · No. 1
Freight transportation
Industrial buildings and warehouses
Pharma
Carburetors, pistons, rings, valves
Chemicals
Branded consumer goods
Homefurnishings Retail
**NAFTA region
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Features
Patent
Legislation
in the US and the EU
In an interview with the Financial Times
published on January 2, 2007,
German chancellor Angela Merkel,
when asked about specifics of her plans
to improve the transatlantic partnership
with the US during the German
presidency of the EU and the G8,
mentioned the issue of patent
legislations on both sides of the Atlantic
being structured differently.
According to Ms. Merkel, this causes
“unnecessary friction”.
Written by Dr. Philipp Knoop, Vonnemann Kloiber & Kollegen
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Features
W
ith top level political leaders directly
and
publicly
addressing intellectual property legislation and patent law in
particular, it is clear that the
subject formerly believed by
many to be somewhat esoteric,
has in recent years shifted well
within the focus of public and
political attention. This article
therefore is dedicated to providing
some
background
information on the topic.
So how can patent legislation
and its differences between the
US and the EU affect transatlantic business relations? What
might Angela Merkel be alluding to when she mentions
“unnecessary friction” between
the legislative systems?
It is commonly accepted that
the possibility of obtaining protection for technical innovations
spurs innovation by helping
secure returns on investments in
R&D. There is agreement across
the Atlantic thus far. However,
structural differences in legislation begin to kick in when it
comes to the issue of (A) what
can be protected and (B) what
procedures must be followed for
obtaining protection, i. e. prosecution procedures.
As to the first item both the
EU and the US courts and
adminstrations have long
struggled – and to some extent
still are struggling – with finding a clear-cut definition of
German American Trade · Vol. 18 · No. 1
what requirements an inven- exceptions to the exemptions
tion must fullfill in order to be from
patentability
have
eligible for patent protection. evolved.
The US Supreme Court has
Nevertheless, it is conceivable
found a very simple – if not to for certain inventions to be gensay blunt – answer by stipulat- erally patentable in the US but
ing that patent protection not in Europe. Clearly, this could
generally should be available lead to “unnecessary friction”.
for “anything under the sun
Turning to the issue of
that is made by man”. With obtaining protection for a
this broad definition, inven- patentable invention, assume
tions in the fields of e.g. that an invention is undoubtbiotechnology, genetic engi- edly generally patentable both
neering, software,
by US and by EU
The US Supreme standards, take for
and even business
methods undoubt- Court has found a example a technical
edly are all statutory
item such as a bicyvery simple – if
subject matter.
cle. Further assume
not to say
The Europeans,
that this invention
by contrast, apply a blunt – answer by was made by an
considerably more
employee in the R
stipulating that
selective approach
& D department of
patent protection a company. Who is
by listing a number
of exemptions from generally should allowed to file a
p a t e n t a b i l i t y,
patent application
be available for
including in particuin this case – is it
“anything under the employer or is
lar
rules
and
the sun that is
methods for doing
it the inventor himbusiness, programs
self?
Well,
in
made by man”.
for computers as
Europe the right to
such, and presentations of an invention and to a patent,
information. In addition Euro- while originally with the invenpean jurisdiction requires that tor, on the one hand can be
an invention be technical as a freely transferred, and on the
condition for patentability. other hand in many member
However, a clear-cut definition states, e.g. in Germany, the
of the word “technical” is yet employer is required by law to
to be found. While jurisdiction file a patent application prior
is undergoing an ongoing evo- without delay, even prior to
lution to adapt to an ever having the rights to the invenchanging world of innova- tion transferrred from the
tions, a vast number of employed inventor. Therefore,
15
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Features
About the Author
Philipp Knoop, Ph.D.,
is a registered German
Patent Attorney, European
Patent Attorney, as well as a
European Trademark and
Design Attorney. He is a partner of the German law firm
Vonnemann Kloiber
& Kollegen – a blue chip
member of the German
American Chamber of Commerce
– practicing at the firm’s
it will typically be the employer
Let’s further assume that an
that files a patent application invention
is
not
only
for the employee’s invention.
patentable both under the EU
In the US, by contrast, a and under US judical systems,
transfer of the rights to an but that the issue of who is to
invention and to a patent by be applicant on what side of
standard
procethe Atlantic has also
It
is
commonly
dures
typically
successfully
been
may only be effecttackled.
What
are
the
accepted – and
ed following the
respective
further
well known – that
filing of a patent
basic requirements
application. When an invention must for
obtaining
a
an international
patent in this case? It
be novel as a
patent application
is commonly acceptminimum requirecovering both EUed – and well known
ment
for
countries and the
– that an invention
US is filed, this difmust be novel as a
patentability.
ference leads to
minimum requirethe situation that a distinction ment for patentability. There is
must be made as to who is to be agreement between the patent
the applicant for the US and for rules in the US and in the EU to
the rest of the world, a legally this extent.
valid transfer of rights having
However, the definitions of
to be performed subsequently. what is “novel” differ substanThis gives rise to additional tially. Whereas in the EU
costs on the applicant’s part. member states it is the first-toClearly, in the context of file principal that governs the
transatlantic business this cre- definition of novelty, the US
ates “unnecessary friction”
patent law essentially is based
Hamburg office. Dr. Knoop
represents clients in patent
prosecution, litigation,
opinions in physics,
life sciences, industrial
instrumentation, medical
optics, lighting technology,
software-related patents,
among others.
Contact for Dr. Knoop:
[email protected]
phone: +49 (40) 280813-0
16
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Features
upon the first-to-invent principal, i.e. in the EU the applicant
having the older filing date
prevails, in the US, in principle,
it is the date the invention was
actually made that determines
the priority over prior art.
While this difference may at
first glance appear to be
minute, it does in fact give rise
to a variety of difficulties and
may even lead to somewhat
contradictory
application
strategies for the US and the
EU. As a general rule, inventors
both in the old and in the new
world would rather keep their
inventions secret as long as
possible than disclose it to the
general public by filing an
application for a patent. This,
however, of course is not compatible with the underlying
concept of intellectual property protection according to
which there is a trade-off
between disclosing an invention to the public and being
granted the exclusive right to
exploit the invention.
In the EU, deliberately postponing the filing of a patent
application bears the risk of
irrevocably losing the possibility of obtaining an exclusive
right to that invention as third
parties may file patent applications with the same content
during the delay.
In the US, on the other
hand, the risk of late filing
may not be as severe as long
as the inventor is able to
prove that he has neither
German American Trade · Vol. 18 · No. 1
abandoned, suppressed or
concealed the invention. The
most important consequence
is that an invention in the US
may turn out not to be novel
although its teachings had
never been published previously. Thus, when approaching your competitor because
of an infringement of your
US patent, your competitor
might hold against you to
have made the same invention before you did but never
filed an application. This
would be irrelevant in the EU
where solely the filing date is
decisive. This discrepancy
might be considered as being
another potential cause of
“unnecessary friction”.
Thus it appears that in the
field of patent legislation there
is an array of aspects which
Angela Merkel and her administration could seek to improve
in order to facilitate transatlantic economic partnership.
Inventors, applicants, and
patent professionals alike will
be closely following developments in this field.
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17
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Features
Written by Kai Franke & Hans Henrik Grosboel, BHF-Bank AG
BHF-BANK AG, Frankfurt am Main
Our View
Across
the Pond
The U.S. Economy in 2007:
Moderate growth with a slight
devaluation of the U.S. Dollar
18
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Features
E
conomic growth in the
United States steadily
decreased in the course
of the year 2006: 5.6% in the
first quarter, 2.6% in the second and only 2.0% in the
third quarter. After an average
growth of 3.3% for the entire
year 2006 we expect only 2.2%
for the current year, primarily
caused by the declining house
building market. For this year
pessimistic forecasts even predict a further decline of 5% in
house prices. This would result
in a drop of the estimated real
estate assets of US-households
of $1,000 billion, but considering the relation to the
present entire net assets of
approximately $55,000 billion
nevertheless puts this decline
into perspective.
The current cycle seems to
confirm that these fluctuations in real estate assets have
less of an impact on consumer
behavior and therefore on the
economic situation than the
income development. The latter surprised many, as wage
increases benefit from the low
unemployment rate and the
high capacity utilization in
the industry. Furthermore,
since August 2006 the decline
German American Trade · Vol. 18 · No. 1
of energy costs boosted disposable income by roughly
$100 billion .The situation on
the labor market has until
recently improved, the unemployment rate of 4.5% arrived
at a cyclical all-time low. The
current data show that the
U.S. economy is far more productive in this cycle than it
was assumed by most of the
market participants.
The “soft landing scenario”
of the U.S. economy is supported by high growth in exports
and investments. The high
capacity utilization of the
industry meanwhile necessitates further investments;
therefore the total investment
rate should increase by almost
10% this year. The high growth
rate of U.S. exports over the last
12 months was foremost a
result of global growth.
However, the development of
the U.S. dollar worries many
investors, despite this constructive scenario and the advanced
bear market. The USA registers a
remarkable trade deficit of $850
billion (approx. 6.5% of the USGDP) corresponding to high
surpluses in Asia (particularly in
China and Japan) and in the
raw material producing coun-
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Features
tries (e.g. OPEC). Insofar the
demand of depreciation of the
dollar consists to a lesser extent
in the proportion to the Euro
than to the Asian currencies.
Nevertheless the experience
shows that the U.S. Dollar, due
to the considerable imbalance
in foreign trade, tends towards
a depreciation trend against the
Euro as well.
Until the end of the year
2007 we expect a further slight
decline of the U.S. Dollar
towards the Euro, probably not
exceeding EUR/USD of 1.37. A
stronger decline is opposed to
the current trend of a stabilized
current account deficit supported by a decreasing pull of
imports and falling energy
prices. The strengthening
growth in Europe and Asia
thanks to their increasing
domestic demand provides the
U.S. Dollar with a distinct
relief. Also the presently
increased interest rate levels in
the U.S. should have a stabilizing effect on the U.S. Dollar.
20
About the Authors
Kai Franke
(45), Director and Chief
Investment Officer Private
Banking - BHF-BANK AG
in Frankfurt am Main;
in charge of advisory
of High Net Worth Individuals;
Member of numerous
investment committees
for special funds and trusts;
Master degree in business
administration; working
for BHF-BANK since 1988.
Hans Henrik Grosboel
(42), Business Development
Manager Private Banking
and Wealth Management
- BHF-BANK (Schweiz) AG
in Zurich; in charge of building
up new client relations
worldwide; active with
international Private Banking
since 1989. For personal
advice please call him directly
at +41 44 209 75 96 or email
[email protected]
German American Trade · Vol. 18 · No. 1
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Features
Harry Huff with Consul General Brunner
GACC Board Member
Awarded German
Medal of Honor
Written by Janka Albert, GACC Midwest
H
arry Huff, executive
with Lufthansa German Airlines and
member of the Board of Directors and Executive Committee
of the German American
Chamber of Commerce, has
been awarded the “Bundesverdienstkreuz” (Cross of the
Order of Merit) by the Federal
Republic of Germany. It is the
only honor that is awarded in
all fields of endeavor and is the
highest tribute the Federal
Republic of Germany can pay
to individuals for services to
the nation.
Huff was nominated by the
German Consul General HansJörg Brunner, approved by the
German Ambassador to the
United States, and the honor
was confirmed by German
President Horst Köhler. Highlights of Huff’s contributions
include support for the
unprecedented exhibition “The
Glory of Baroque Dresden”, the
southeastern US regional celebration
of
the
100th
anniversary of the German
Consulate in Atlanta, the “Cul-
German American Trade · Vol. 18 · No. 1
tural Olympics” as part of the
1996 Centennial Olympics in
Atlanta, and the GACC South
2003 “Unification Conference”
in Atlanta that brought former
Presidents George H.W. Bush,
Mikhail
Gorbachov,
and
former German Chancellor
Helmut Kohl together for the
first time on US soil.
The award ceremony took
place at the Consular Residence in Atlanta in early
December of 2006, where Huff
was presented the bright red
Cross and Certificate of Recognition during a reception
attended by Lufthansa executives from New York, Dallas
and Atlanta, leaders of the German – American business
community in Atlanta, plus
family and friends.
Consul General Brunner called
Huff “One of the best cultural
and economic Ambassadors of
Germany one could wish for, by
being such a generous benefactor
for German-American relations”,
declared the Consul General
“You were more than able to
prove yourself through your
achievements. Nobody could
have done a better job in promoting the arts and arts
education, as well as cultural and
international understanding,
and not to forget, also transatlantic economic ties.”
The Order of Merit may be
awarded to Germans as well as
foreigners for achievements in
the political, economic, social
or intellectual realm and for all
kinds of outstanding services
to the nation in the field of
social, charitable or philanthropic work.
As an executive with
Lufthansa German Airlines,
Huff’s career spans 36 years
including assignments in St.
Louis, Indianapolis, Atlanta,
Frankfurt (Germany) and now
Chicago, where he is currently
Lufthansa’s Regional Manager
– USA Midwest. He has been
an active member of the German-American Chamber of
Commerce for over 15 years,
including 8 years on the Board
of Directors of the GACC in
Atlanta and almost 2 years on
the Board in the Midwest.
21
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Regions
MIDWEST
Written by Janka Albert, GACC Midwest
Looking back
and looking
forward…
22
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Regions
MIDWEST
T
he German American
Chamber of Commerce of
the Midwest (GACCoM)
looks back at 2006 as a successful
and exciting year. We began the
year with our First Annual Economic Forum in Rosemont, IL.
This luncheon conference aimed
at providing a forum for executives to discuss and share their
views on current economic
developments in the international and, in particular, the German
American business world. CEOs
and CFOs presented their economic views on the globalization
of the marketplace. For this first
Annual Economic Forum, GACCoM was pleased to have
speakers from international companies and organizations such as
Handelsblatt, Bank of America,
the Federal Reserve Bank of
Chicago, Porsche Enterprises
Inc., Optima Machinery Corporation, Claas North America
Holdings, and Siemens Medical
Solutions USA. The event was so
successful in its first year (more
than 120 attendees) that the 2nd
Annual Economic Forum was
scheduled for February 1, 2007.
Our 6th Annual MERLIN
Awards Gala, named after Peter
H. Merlin, founder of GACCoM, took place in April in the
spectacular Grand Ballroom of
the Chicago Hilton. At the
Gala, the MERLIN Award is given
to
companies
and
businesses, nominated by their
peers, for their exceptional
achievements in GermanAmerican business relations.
Each MERLIN Award winner
must have active operations in
both the Midwest and Germany and meet three of the
following four criteria: a
German American Trade · Vol. 18 · No. 1
CEO Luncheon - Speaker Frank Jaehnert, CEO of Brady Corporation
Wine Dinner
Merlin Award
Economic Forum 2006: (from left to right)
Michael Backfisch – Deputy Editor in Chief, Handelsblatt
Dr. Holger Schmieding, Bank of America
Dr. Thomas Klier, Federal Reserve Bank of Chicago
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Regions
MIDWEST
unique product, innovative
service or breakthrough in
technology; exemplary international business/management
practices; successful strategy
implementation in the previous
year
resulting
in
outstanding sales figures or
increased market share; or
actions in response to a growing market demand. The 2006
Merlin Award winners were
Dürr Systems Inc., Hella North
America, Inc., Robert Bosch
Corporation, and Sonderhoff
USA Corporation.
We began a new event series,
the CEO Speaker Series, in
October 2006 with speaker
Frank Jaehnert, CEO of Brady
Corporation. At this event
Jaehnert discussed the topic
“Growth through Acquisitions”, which he was well
qualified to talk about as Brady
grew through 11 successful
acquisitions in the last year.
With over 60 attendees and
positive feedback, GACCoM
will continue the success of
this new Series with more new
CEO Speakers in 2007. On
24
November 3, 2006, GACCoM
hosted its 5th Annual Executive German Wine Dinner. A
seven-course dinner featured
wines from different wine
regions in Germany. This year
GACCoM filled the ballroom of
the Mid-America Club with
more than 150 guests, almost
double the attendees of the
year before.
The Christkindlmarket Chicago once again ended the year for
GACCoM on a high note. Organizers, visitors, and vendors were
thrilled with the new layout of
the market which enhanced the
overall
crowd
flow
and
improved visibility for both visitors and vendors. The unusually
warm weather this past December also boosted visitor numbers
and sales results. Many more
people came out to enjoy the
Glühwein, the German Bretzeln,
and the general Gemütlichkeit
without the snow and the cold
of a typical Chicago winter. Sales
were also up due to the enthusiasm and interest of visitors in
German products found only at
the Christkindlmarket, which
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Regions
MIDWEST
continues to grow by word of
mouth every year. Our organizers are already talking to
potential vendors for 2007, with
special interest in wooden toys,
board games, music boxes, and
all kinds of unique German gifts.
Consulting
While many GACCoM members know about our events,
GACCoM has a lot more to
offer, in particular the services of
our Consulting department. Our
consultants had quite a successful year from great projects
aimed at helping German companies enter the American
market to business representations to our Career Services. In
late October, six companies
from Baden-Württemberg came
to Chicago to meet with potential distributors, sales partners,
and suppliers. Meetings for each
company were arranged with
potential partners as well as
short seminars to introduce the
participants to the US market.
Several of the companies are
now aggressively pursuing US
expansion plans. One example
is Center Tools, a software company located in Ludwigsburg,
north of Stuttgart. After successful initial meetings, Center
Tools’ products are now being
distributed in the US by Beyond
If Solutions, a reseller of innovative security solutions located in
Palos Park, IL. Another company, Esta, which specializes in
technology for dust and fume
extraction, is also in the process
of hiring a Chicago-based manager to further develop their
business development.
Another
project
was
launched by the Aussen-
German American Trade · Vol. 18 · No. 1
wirtschaftszentrum
Bayern
(AWZ) and GACCoM to help
Bavarian companies expand to
the USA and increase their
exports. Participating companies
represented
various
industries such as sensors,
industrial automation, and
medical devices. The participants traveled to the US in the
fall, meeting with potential distributors, reps, and other
partners identified by GACCoM. These visits included a
seminar covering legal and
financial aspects of a US presence. Initial feedback from the
companies has been very positive. Some of the US partners
have already traveled to Germany to meet with the
companies again, and followup visits in the US by the
German companies have been
made. Due to the program’s
initial success, it has been
extended through June of 2007
for additional companies.
One more ongoing project is
the “Vermarktungshilfeprogramm”, which helps Eastern
German companies to market
their products in the US. It
focuses on companies in the
medical technology and industrial components markets.
Services included in this project are advising the companies
on how to conduct business in
the US, researching the market
for their products, and establishing partnerships with US
companies. Mark Tomkins,
Senior Consultant at GACCoM
explained that “many innovative companies have been
founded in Eastern Germany
over the last fifteen years, and
are now ready to expand into
the US market.” The program
began with two seminars in
Germany in late November,
including meetings with the
FDA for the medical device
companies. The ultimate goal
is similar to many of GACCoM’s programs – to further
develop the strong trade ties
between Germany and the US.
Trade shows offer many ways
for GACCoM to be involved
and present our services to people and clients from various
industries. In 2006, one of these
was the BIO trade show in April
in Chicago. At the BIO for
example, the biggest trade
show of its kind in the US,
GACCoM in coordination with
Invest in Germany hosted a
country
presentation
on
biotech opportunities. At this
event, which had a great
turnout, top speakers such as
Georg Wilhelm Adamowitsch,
State Secretary, Federal Ministry
of Economics and Technology,
Berlin, Germany; Prof. Dr.
Horst Domdey, Managing
Director, BIO-M AG, Munich,
Germany; and Dr. Hansjörg
Duerr, Director of New Business
Development, Bayer Healthcare,
Berkeley,
California
promised excellent future
opportunities for economic
growth and science. GACCoM
also hosted delegations and
supported the German Pavilion
at the BIO by staffing the representative booths and offering
consulting services to the German companies.
Another of GACCoM’s core
services is representing German
businesses here in the US. German companies receive a
virtual office housed at GAC-
25
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Regions
MIDWEST
CoM, and our staff dedicates a
set amount of time to activities, such as responding to
inquiries or sending out product samples or brochures. Two
of our “Geschäftspräsenzen”
graduated out of the program
this past year and began their
own US operations within a
year of beginning operations in
the US. Strong sales, successful
business practices, and US presence allowed this very quick
transition. Our services are
suited for a wide range of
industries: from boat motor
thermo-shielding to software
to giftware.
We also work with a number
of companies directly to expand
their US sales. One of these
assignments this past year was
to assist a mid-sized Bavarian
supplier of machinery components to first evaluate the
market. From there, we found
such high interest that the company asked us to coordinate a
week-long visit with end customers and business partners in
the US. The initial results are so
positive that the company is
speeding up plans for their own
US staff and presence.
Another
very
successful
department is our Career Ser-
vices. GACCoM’s Career Services
is a job placement assistance
program specializing in matching vacant positions at our client
companies (in most cases GACCoM members) with bilingual
job seekers from a wide range of
fields and experience levels. The
cornerstone of our service is the
pool of bilingual professionals
that is constantly updated and
enlarged with resumes from
qualified candidates. GACCoM
has placed candidates for positions such as controller, general
manager, administrative assistant, or executive assistant in a
wide range of industries.
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phase through realization and training – we can help unlock the untapped potential within your firm and escape the confines
of ”business as usual”. You can learn more about our special approach to management consulting at www.horvath-partners.com
26
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MIDWEST
Transatlantic Program
A very special project, the
Transatlantic Program (TAP),
which gives US students
insight into German politics,
economy, history, and culture
as well as German business
experience, was successfully
conducted for the fifth time in
the summer of 2006. This
exceptional program has been
financed mainly through the
European Recovery Program
(ERP) Special Fund granted by
the German Federal Government as well as through
corporate sponsorship from
DaimlerChrysler Corporation.
The 2006 program enabled an
elite group of 25 motivated and
well-qualified German-speaking
US students from all over the
country to intern at German
companies or organizations, such
as the Federal Foreign Office,
Porsche AG, adidas-Salomon AG,
and IBM Deutschland GmbH.
Upon their return to the US, the
students were able to act as
ambassadors for Germany by
passing on this newly gained
knowledge and understanding to
fellow Americans helping to
enhance transatlantic understanding and cooperation.
In order to build a long lasting relationship with program
alumni, GACCoM is currently
working on a TAP Alumni Network
to
enable
former
participants to stay in contact
with each other, and share each
German American Trade · Vol. 18 · No. 1
others’ experiences and connections within the German
business community. A reunion
for the 2005 and 2006 participants is planned at the end of
January 2007 in Chicago, and
will be a kick-off for the alumni
network. For more information
on the program, please visit
www.transatlanticprogram.org
GACCoM would like to thank
our members, friends, clients,
business partners, and especially our Board of Directors! The
year 2006 would not have been
as successful as it was without
your help. Your tremendous
contribution to our Chamber
and the German American business community has helped us
to better and advance our services,
representations,
and
events. Another special thanks
goes to our chapters and the
many volunteers who show
great commitment and help
organize and plan all the events
the chapters put together locally. We are looking forward to an
even better, more successful and
thrilling year 2007! Many exciting events are planned for the
coming year - most of them are
based on the great attendance
and feedback from previous
years. Take a look at our events
calendar for the first half of the
year 2007, and save the dates! If
you have any further questions
or would like more information,
please visit our website at
www.gaccom.org.
TAP 2006
2007 GACCoM Events
2nd Annual Economic Forum
Thursday, February 1st, 2007 11:30 am - 2:00 pm
The Rosewood Restaurant, Rosemont, IL
Ingredient Branding with Dr. Waldemar Pförtsch
Tuesday, February 13th, 2007 11:30 am - 1:00 pm
IIT’s Stuart School of Business, Chicago, IL
Performance by the Gewandhausorchester
from Leipzig, Germany
Friday, February 23rd, 2007 8:00 pm
Symphony Hall in Chicago, Chicago, IL
4th Annual Chicago Area Business Transportation
Luncheon – featuring Oliver Hauck, CEO, Siemens
Transportation Systems USA.
Friday, March 2nd, 2007 11:30 am - 1:30 pm
Center for Visual & Performing Arts, Munster, IN
Renewable Energies Conference
on Biofuels and Biomass
Wednesday, April 25th, 2007 8:00 am - 5:00 pm
Minneapolis-St.Paul, MN
7th Annual MERLIN Awards Gala
Friday, May 4th, 2007 6:00 pm-11:00 pm
InterContinental Hotel, Chicago, IL
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WASHINGTON
Written by Peter Esser, RGIT Washington
Washington, January 17, 2007
110th Congress
in Session
28
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WASHINGTON
A
s of this writing, the 1st
session of the 110th
Congress is well into
the closing minutes of the 100
hours. Among the issues that
the new majority has already
addressed or still plans to bring
to the House and Senate floor
are matters including extensive
hearings on the U.S. presence
in and policy on Iraq, an
increase in the minimum wage,
a series of proposals concerning
emissions standards, climate
change, and the environment
in general. While there is no
indication that early action on
the trade agenda is on the horizon, it is clear that any trade
issues will devote attention to
environmental concerns and
core labor standards.
Fulfilling a campaign pledge
of rededicating the business of
Congress to legislative activities
instead of paying obeisance to
special interests, the new
Democratic House majority late
on January 4 introduced a playbook for the 110th Congress
intended to clean up the “culture of corruption” exemplified
by the Abramoff scandal.
Passing by a landslide vote of
430 to 1, the lone holdout
being Dan Burton, the former
chairman of the House Committee on Government Reform
and Oversight, the reform
package will, if the more divided Senate follows in step, chill
the practice of lobbyist-funded
Congressional travel. Near outright bans on gifts and meals
provided by lobbyists are sure
to further impact the way the
business of influencing policy
German American Trade · Vol. 18 · No. 1
is carried out in the nation’s
capital. Furthermore, a rulesbased ban on the common
practice of flying on corporate
aircraft will further muffle the
hue and cry – or campaigncontribution-sweetened siren
song - of lobbyists peddling
their wares.
On the Senate side, even
Democratic high-fliers have
been forced to concede the
point that corporate-jet travel
amounts to an excessive
perquisite. Majority Leader
Harry Reid has supported the
present mainline ethics reform
bill, ceremoniously styled
“S.1”, which on several points
tracks the House proposal.
Reid has offered an amendment which would require the
payment of full charter prices
for travel on corporate jets.
Senator
Russ
Feingold,
respected on both sides of the
aisle for his efforts to streamline
and strengthen Congressional
ethics, together with Barack
Obama, who only yesterday
filed the papers required for an
initial foray into a prospective
presidential candidacy, have
taken the spirit of reform-mindedness to the next level with
the introduction of a proposal
including the creation of the
so-called Office of Public
Integrity, a mechanism for
enforcement of ethics laws and
rules. In the eyes of many seasoned Washington observers, it
is precisely the lack of robust
enforcement of ethics which
had allowed Washington’s policy makers to occasionally
overlook certain transgressions.
In the waning hours of the
vaunted “First One Hundred
Hours” of the 110th Congress,
The Senate voted 95-2 to end
debate on certain amendments
– the Reid proposal - to S. 1.
The clear signal of this vote is
that the 110th Congress indeed
considers the matter a serious
one, and critical to the conduct
of business for the new term.
The Senate is likely to invoke
cloture – ending further debate
- on the reforms as a whole,
which would more than likely
lead to passage of the reform
package in the foreseeable
future – even as soon as within
a matter of days.
Washington’s lobbying corps
will likely respond with great creativity to meet the challenge
posed as the ethics reform proposals take further form and
become law. Nonetheless, the
vast majority of lobbyists are sure
to abide by what will undoubtedly be some of the most significant
changes to the way they conduct
their business.
For further information,
please see the Legislative
& Regulatory Update,
a periodic overview
of legislative and regulatory
developments affecting
the transatlantic relationship,
is available for viewing
and downloading at
www.rgit-usa.com,
the website of the office
of the Representative
of German Industry and Trade.
29
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ATL ANTA
Germany is a leader in developing renewable energy
- in particular solar - technology and using alternative
sources of energy. In order to promote the export
of this German technology and to support companies
in their efforts to enter the US market, the German
American Chamber of Commerce of the Southern
United States (GACC South), in cooperation
with the German Energy Agency (DENA), organized
a conference in Orlando, Florida, on November 28th, 2006.
Renewable
Energy
Conference
2006
Written by Jan Christoph Wiedemann, GACC South
30
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ATL ANTA
Participating Companies at 2006 Conference
S
ixty-seven attendees from
the US and Germany gathered in sunny Orlando,
Florida, to attend the second
annual Renewable Energy Conference 2006. Representatives
of seven German solar companies met with their American
colleagues in the renewable
energy field to present the latest
technological advancements
and to discuss the possibilities
of future collaboration.
The event was supported by
our partner organization, the
Florida Solar Energy Industries
Association (FlaSEIA) and by
their Executive Director Bruce
Kershner, the German federal
ministry of Economics and
Technology, Enterprise Florida
and the German Energy
Agency (DENA). Their existing
network of contacts in solar
business in Florida helped to
make this project a success.
Orlando, Florida
“The market in Florida is in a
state of development in comparison to California, for example.
At the same time, however, this
offers immense potential for
companies entering the market.
German companies which
already have experience in this
field stand good chances in this
relatively young market. The
great interest of Floridian companies to meet German
companies is a clear indicator of
this,” stated Kristian Wolf, CEO
of the German American Chamber of Commerce of the
Southern United States.
German American Trade · Vol. 18 · No. 1
Imo NorthAmerica, Inc. • www.goimo.com • Michael Cossentine
IMO manufactures slew bearings up to 5.2m in diameter
and totally enclosed slew drives, both worm driven and pinion
driven. To assure precision, quality and safety, IMO is certified
in accordance with ISO 9001:2000. IMO’s slewing drives have
the precision needed to turn solar arrays to track the sun. This
increases the efficiency by approximately 30%. The system is
profitable and efficient starting with solar surfaces of 100 sq ft.
IMO slew drives are widely used in European Solar tracking
systems with thousands of units in current operation.
Schuco USA LP • www.schuco-usa.com • Stefan Beisel
Schüco is Europe’s largest producer of aluminum profiles. They
have been successfully developing and producing solar technology
for over 10 years. Their expertise in the processing of metal profiles
and in the fabrication of windows and façades has enabled them
to set new standards as a manufacturer of thermal collectors.
The company offers a vast spectrum of PV-products.
Phoenix Sonnenwaerme AG
www.sonnenwaermeag.de • Raoul von der Heydt, CEO
Phoenix is a producer of photovoltaic systems, which can be
used for water heating. They only sell whole systems and offer
specialized trainings for installation, maintenance and products.
Kaco Solar Inc. • www.kacosolar.com • Peter Flachsmann, CEO
KACO Solar, Inc., is the American subsidiary of the KACO
Gerätetechnik GmbH in Germany. They established themselves
in the market with high class current inverters for the PV-market.
KACO is Germany’s 2nd largest PV inverter manufacturer.
The company offers training for electricians who would like
to learn how to install Solar-Systems as well.
Solartekt GmbH • www.solartekt.de • Franz Marschall, CEO
Solartekt GmbH was founded in 1979 and concentrates on
engineering and planning solar heat and power supplies. The
patented system for secure installation on the roof is unique. They
also have expertise in general frame-working for glass installations.
Juwi Solar GmbH • www.juwi.de • Sven Künzel
Juwi, in Southwestern Germany, specializes in developing solar
projects on former dump sites. In 2005 a total solar power capacity
of around six Megawatts was put on the grid. The Juwi group
has also created a new subsidiary in Spain (Marbella) for solar
projects. The group is enrolled in many European countries
and contributed to many major solar and wind park projects.
31
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ATL ANTA
Conference Keyfacts
• 7 German participants
• 67 Attendees in Orlando
• 43 company meetings in total
• Visit at the Florida
Solar Energy Center
• Final event in Palm Beach County
32
The Event
The event took place on
Tuesday, November 28, 2006,
at the International Plaza
Resort & Spa Hotel in Orlando,
Florida. Speeches were given
throughout the first day by
our German and American
guests. Approximately 70 people in total participated in the
event. The American and German guests intently watched
the professional, informative
presentations of our speaker
and used them as a starting
point for numerous discussions. In addition to the
presentations, individual company meetings were also a core
part of the conference. The
GACC South organized oneon-one meetings between the
German
companies
and
prospective American business
partners and decision-makers
from Florida.
All parts of the conference
were positively received by the
companies and the guests. This
created an excellent platform
for the German companies to
present their advanced technology to an audience of
American experts.
Several discussions among the
American and German guest
showed that Floridian businesses and decision makers are eager
to take further steps, but often
see themselves restricted by the
legislative decisions.
and German sides. Most comments after the conference
revealed the great success for
both, German and American,
sides. German market development generated considerable
interest. Jerry Ventre (Florida
Solar Energy Center) declared
that, in terms of knowledge,
development and incentive
programs Germany can be seen
as a role model for the American (Floridian) market.
Statements like that of Mr.
Marschall, CEO of the German
company “Solartekt GmbH”,
reflect the success of the conference for German companies.
He said that he was able to
make several important contacts while in Florida, which
will make his upcoming market
entry significantly easier.
Many thanks go to the management of the Florida Solar
Energy Center for inviting our
German visitors on a tour of
their remarkable facilities. We
are also extremely grateful to
all the speakers who shared
their knowledge and expertise
with us. Last, but certainly
not least, the GACC would
like to extend special thanks
to the World Trade Center in
Palm Beach for organizing our
final event on December 1,
2006, at the nearby Florida
Research Park.
Prospect
Post-conference
feedback
indicated that the event was a
great success for both American
Jan Christoph Wiedemann
[email protected]
Phone: 404-586-6865
Contact
German American Trade · Vol. 18 · No. 1
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NEW YORK
New Year’s Reception on Fifth Avenue
Written by Nicola Michels, GACC New York
O
ver 100 people attended the New Year’s
Reception and Luncheon of the German American
Chamber of Commerce New
York at the University Club on
January 16th. Many new faces
were on hand to ring in the
New Year. Mr. Caroll Neubauer,
Chairman and CEO of B. Braun
Medical, Inc. and recently
elected Chairman of the Chamber, welcomed the guests. He
was followed by Dr. Benno
Bunse, since September 2006
new President and CEO of the
GACC. Dr. Bunse then introduced the headline speaker, the
German UN Ambassador
Thomas Matussek
Honorable Thomas Matussek,
German Ambassador to the
United Nations since July 2006.
In an engaging speech,
Ambassador Matussek outlined
Germany’s important role
holding the EU and G8 presidency in the months ahead.
He emphasized Germany's
need to act as a mediator in the
conflict with Iran, mentioning
longstanding economic ties
between the two countries. Mr.
Matussek also expressed his
strong support for Germany’s
participation in peace-keeping
missions in conflict regions
throughout the world.
Curiculum Vitae
Born 18 September 1947 in Lauda,
married, three children
Dr. Benno Bunse,
President & CEO GACC NY
Ellen Neubauer, Caroll Neubauer
Chairman GACC NY Board,
Chairman & CEO B. Braun Medical
1966
Abitur
1967-69
National Service
1969-72
Law and History Studies at
the Universities of Paris and
Bonn
1973
First State Examination in
Law
1973-75
Judge's Assistant/Assistant
Lecturer, University of Bonn
1975-77
Federal Foreign Office, Bonn
1977-80
German Embassy, London
1980-83
Federal Chancellery,
European Affairs, Bonn
1983-86
German Embassy, New Delhi
1986-88
German Embassy, Lisbon
1988-92
Federal Foreign Office, Bonn
1992-93
Head of Minister's Office,
Federal Foreign Office, Bonn
1993-94
Chief of Minister's Cabinet,
Federal Foreign Office, Bonn
1994-99
Deputy Chief of Mission,
Washington
1999-2002
Director General, Political
Department, Federal Foreign
Office, Berlin
2002-2006
German Ambassador to the
Court of St. James's, London
Since 07/2006 German Ambassador to the
United Nations, New York
Dr.Hans-Henning Maier, President & CEO Stinnes Corporation, Dr. HansJürgen Heimsoeth, Consul General of the Federal Republic of Germany
German American Trade · Vol. 18 · No. 1
33
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Page 34
Masthead
New York
Volume 18
German American Chamber of Commerce, Inc.
75 Broad Street, 21st Floor
New York, NY 10004
Telephone: 212-974-8830
Fax:
212-974-8867
[email protected]
www.gaccny.com
Number 1
GERMAN AMERICAN
TRADE
Atlanta
German American Chamber of Commerce
of the Southern United States, Inc.
530 Means Street, Suite 120
Atlanta, GA 30318
Telephone: 404-586-6800
Fax:
404-586-6820
[email protected]
www.gaccsouth.com
The National Magazine of the
German American Chambers of Commerce
GERMAN AMERICAN TRADE is published monthly except January & July.
Reproduction in whole or in part of any article is prohibited without permission.
Unsolicited manuscripts cannot be returned unless accompanied by a properly
addressed envelope bearing sufficient postage. Editor reserves the right to edit
letters to be reprinted. Editor and publisher cannot accept any liability
Chicago
German American Chamber of Commerce
of the Midwest, Inc.
401 N. Michigan Avenue, #3330
Chicago, IL 60611-4212
Telephone: 312-644-2662
Fax:
312-644-0738
[email protected]
www.gaccom.org
Philadelphia
for the accuracy or completeness of any material published. Contributed articles
do not necessarily reflect the Chamber’s position. If you have any comments
regarding articles in this magazine, please call (212) 956-1770.
One Year Subscription: U.S.$50.00 (Euro 51,-)
Single copy: U.S.$5.00
Photos: German American Trade Archive
U.S. Postmaster send address change to: German American Chamber
of Commerce Inc.; 75 Broad Street, 21 Fl., New York, NY 10004.
Second class postage: Registration, U.S.P.S. No. 004995; U.S.;
Office of publication: New York
Publication date of this issue: January 2007
German American Chamber of Commerce, Inc.
Four Penn Center, Suite 200
1600 John F. Kennedy Blvd
Philadelphia, PA 19103-2808
Telephone: 215-665-1585
Fax:
215-665-0375
[email protected]
www.gaccphiladelphia.com
Publisher
German American Chamber of Commerce, Inc.
75 Broad Street, 21 Fl., New York, NY 10004
Telephone: 212-974-8830, Fax: 212-974-8867
San Francisco
Editorial Office
German American Chamber of Commerce
California Branch United States, Inc.
201 California Street, Suite 450
San Francisco, CA 94111
Telephone: 415-248-1240
Fax:
415-627-9169
[email protected]
www.gaccny.com
Editor: Nicola Michels
GACC Photographer: Thomas Dzimian
Advertising Coordination: Nicola Michels
Telephone: 212-956-1770, Fax : 212-974-8867
[email protected]
Washington
Representative of German Industry and Trade
1627 I Street, N.W., Suite 550
Washington DC 20006
Telephone: 202-659-4777
Fax:
202-659-4779
[email protected]
www.rgit–usa.com
34
© Copyright 2007 German American Trade
Production
328 Commerce Street
Hawthorne, NY 10532
Telephone: 914-741-0445
[email protected]
AHK
German American Trade · Vol. 18 · No. 1
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