german american - AHK USA
Transcription
german american - AHK USA
32307_GAT_JanFeb07b 2/7/07 2:33 PM Page 1 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 32307_GAT_JanFeb07 2/7/07 2:25 PM Page 2 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 1/18/07 6:17:08 PM 32307_GAT_JanFeb07 2/7/07 2:25 PM Page 3 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. 3 32307_GAT_JanFeb07 2/7/07 2:25 PM Page 4 emirates.com/usa Willkommen to Hamburg. Daily non-stop flights from JFK. Non-stop luxury with multi-course gourmet dining, complimentary fine wines and over 600 entertainment channels, in every seat. It’s great in any language. Fly Emirates. Keep discovering. 300 international awards and over 80 destinations worldwide. For more details contact Emirates at 800-777-3999. Discover frequent flyer benefits at www.skywards.com 32307_GAT_JanFeb07 2/7/07 2:25 PM Page 5 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. 5 32307_GAT_JanFeb07 2/7/07 2:26 PM Page 6 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 German American Trade · Vol. 18 · No. 1 32307_GAT_JanFeb07 2/7/07 2:26 PM Page 7 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? 7 32307_GAT_JanFeb07 2/7/07 2:26 PM Page 8 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 32307_GAT_JanFeb07 2/7/07 2:26 PM Page 9 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 9 32307_GAT_JanFeb07 2/7/07 2:26 PM Page 10 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 German American Trade · Vol. 18 · No. 1 32307_GAT_JanFeb07 2/7/07 2:26 PM Page 11 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. 11 32307_GAT_JanFeb07 2/7/07 2:26 PM Page 12 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 32307_GAT_JanFeb07 2/7/07 2:26 PM Page 13 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 13 32307_GAT_JanFeb07 2/7/07 2:26 PM Page 14 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 14 German American Trade · Vol. 18 · No. 1 32307_GAT_JanFeb07 2/7/07 2:26 PM Page 15 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 32307_GAT_JanFeb07 2/7/07 2:26 PM Page 16 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 German American Trade · Vol. 18 · No. 1 32307_GAT_JanFeb07 2/7/07 2:26 PM Page 17 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. Advertisement EUROPEAN OFFICE SUPPLIES We carry... Leitz premium products Registers & Dividers Signature Blotter Books A-4 paper, files, sheet protectors Holepunches and more... Hundreds of items in stock in our USA warehouse. Everything you need to organize your office using the traditional Ordner system. Call for our complete catalogue today. e day Sam ng i shipp T03 GAT03 GA PO Box 2728 • Amherst MA • 01004 Call Now! 800-544-4744 w w w. e m p i r e i m p o r t s . c o m 17 32307_GAT_JanFeb07 2/7/07 2:26 PM Page 18 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 German American Trade · Vol. 18 · No. 1 32307_GAT_JanFeb07 2/7/07 2:26 PM Page 19 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- 19 32307_GAT_JanFeb07 2/7/07 2:26 PM Page 20 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 32307_GAT_JanFeb07 2/7/07 2:26 PM Page 21 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 32307_GAT_JanFeb07 2/7/07 2:26 PM Page 22 Regions MIDWEST Written by Janka Albert, GACC Midwest Looking back and looking forward… 22 German American Trade · Vol. 18 · No. 1 32307_GAT_JanFeb07 2/7/07 2:26 PM Page 23 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 23 32307_GAT_JanFeb07 2/7/07 2:26 PM Page 24 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 German American Trade · Vol. 18 · No. 1 32307_GAT_JanFeb07 2/7/07 2:26 PM Page 25 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 32307_GAT_JanFeb07 2/7/07 2:26 PM Page 26 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. www.beaufort8.com Advertisement T he Per formance Architects Performance improvement is not an art form. Rather, it is simply a matter of properly directing a company’s existing strengths. The key to doing this is found in the combination of target-based strategic management with efficient processes and with meaningful managerial accounting and control systems. Using our integrated consulting approach – accompanying you from project concept 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 German American Trade · Vol. 18 · No. 1 32307_GAT_JanFeb07 2/7/07 2:26 PM Page 27 Regions 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 27 32307_GAT_JanFeb07 2/7/07 2:26 PM Page 28 Regions WASHINGTON Written by Peter Esser, RGIT Washington Washington, January 17, 2007 110th Congress in Session 28 German American Trade · Vol. 18 · No. 1 32307_GAT_JanFeb07 2/7/07 2:26 PM Page 29 Regions 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 32307_GAT_JanFeb07 2/7/07 2:26 PM Page 30 Regions 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 German American Trade · Vol. 18 · No. 1 32307_GAT_JanFeb07 2/7/07 2:26 PM Page 31 Regions 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 32307_GAT_JanFeb07 2/7/07 2:26 PM Page 32 Regions 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 32307_GAT_JanFeb07 2/7/07 2:26 PM Page 33 Regions 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 32307_GAT_JanFeb07 2/8/07 4:55 PM 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 32307_GAT_JanFeb07 2/7/07 2:26 PM Page 35 Introducing the Queen of Fruits A delicious dietary supplement, XanGo® Juice harnesses the nutritional power of the whole mangosteen fruit through a potent proprietary formula. Just one to three ounces each day unleashes a concentrated rush of xanthones – a vigorous family of phytonutrients. The best part: sensational flavor that'll Now available for the first time in Germany. keep you coming back for more and more. XanGo® Juice is manufactured in partnership with billion-dollar giant WILD FlavorsTM of Heidelberg, Germany. MangosteenDeutschland.com Discover the Global Opportunity and Amazing Flavor of XanGo® Advertisement 32307_GAT_JanFeb07 2/7/07 2:27 PM Page 36 A selection of delicious gourmet meals. A seat designed to relax the body and mind. Comfort that carries you to faraway places. All for this one moment. From menus created by world-renowned Star Chefs to extensive entertainment options and more, Lufthansa truly brings world-class service to international travel. Visit lufthansa.com. SM There’s no better way to fly.