GERMANY: Creating New Property Rights on the Basis of General Legal Concepts - Without Limits?

In two cases recently decided by two different senates of the German Federal Supreme Court (Bundesgerichtshof, BGH), the following issue was raised: To what extent can the filming of sports events organized by someone else, on the one hand, and the photographing of someone else’s physical property, on the other hand, be legally controlled by the organizer of the sports event and the owner of the property respectively? In its “Hartplatzhelden.de” decision, the first senate of the Federal Supreme Court concluded that the act of filming sports events does not constitute an act of unfair competition as such, and hence is allowed even without the consent of the organizer of the sports event in question. However, the fifth senate, in its “Prussian gardens and parks” decision, held that photographing someone else’s property is subject to the consent of the owner of the grounds, provided the photographs are taken from a spot situated on the owner’s property. In spite of their different outcomes, the two cases do not necessarily contradict each other. Rather, read together, they may well lead to an unwanted – and unjustified – extension of exclusive protection, thus creating a new “organizer’s” IP right.

Comparison of performance measurement-systems used for order-picking

In consequence of rapidly changing market demands companies are permanently encouraged to review their own processes and structures and to modify them. Being one of these developments, order-picking is involved as part of an intra-logistics system. But to take appropriate actions, system performance and system costs have to be measured permanently. Concerning this the use of performance measurement-systems as further development of traditional systems of key figures is suitable. In this paper various performance measurement-systems are compared and their suitability for an implementation in order-picking systems is estimated. On the basis of the result of the evaluation a first concept of a performance measurement-system for order-picking will be developed by using typical key figures that are mentioned in academic literature. Finally, hints for a necessary detailed implementation and evaluation in practice will be given.