Il Pluralismo tra Democrazia ed Autoritarismo: Il Caso Russo

The research explores the mechanisms in the formation and consolidation of a new regime which combines democratic and authoritarian features; it has emerged as result of democratization processes affecting different world areas in recent years. The study analyses a case of great international significance, post-communist Russia: here internal factors strongly prevail in front of the external variables of democratic imitation and contagion, thus showing to what extent Russia differs from other political contexts. The study intends to examine the strategies used by this regime to solve internal conflicts and become stable in spite of the democratizing pressures coming from outside. Indeed, the literature about political transformations has shown the problems in analyzing these polities together with the need to examine their peculiarities more in depth. In this perspective, the first section focuses on the dynamics of State-building in Russia as a fundamental process in tracing the specific characteristics of the current regime: particularly, it is suggested that the State dimension comes out as crucial in determining the level of political and social pluralism accepted in post-Soviet Russia. This argument is worked out in the second section, which analyses the main mechanisms used by the incumbents to limit and control pluralism within the two arenas of political competition and civil society, from where the major threats to the status quo are supposed to come. The main hypothesis is that the leadership interventions in these spheres during the last ten years have shaped a regime which can be characterized as a new type of authoritarianism: with respect to traditional authoritarian forms a certain degree of political contestation is accepted, visible in the presence of a multiparty system, semi-competitive elections and of the several representatives of civil society. Yet, this diversity is curbed basically in two different ways: from one hand the incumbents provide support to political and social actors who sponsor government politics (see the party of power and pro-Kremlin movements). From the other they use some non coercive forms of control and restriction (in legislation, in political elections) against those actors who promote values and priorities opposed to the official ones.

Profili critici in materia di transnational group action

La presente tesi di dottorato ha ad oggetto l’analisi dei profili critici emersi nella prassi in relazione alle transnational damages group actions. All’interno di tale esteso ambito di ricerca, senza pretese di esaustività, si affronteranno determinati aspetti, tenendo in considerazione quanto accaduto negli ordinamenti che, sebbene in modo assai limitato, hanno già conosciuto tali problematiche. A seguito di una prima parte meramente introduttiva, nel secondo capitolo, si inquadreranno brevemente gli strumenti di tutela collettiva risarcitoria, indicando in che cosa consistano, a quali esigenze rispondano e quale origine abbiano; si indicheranno altresì i criteri distintivi e di classificazione che maggiormente possono rilevare nell’ottica di una cross border litigation. Nel terzo capitolo si analizzerà in termini essenziali la disciplina delle azioni collettive di alcuni Paesi, al fine di porre le basi necessarie per comprendere in quale contesto normativo si pongano le problematiche inerenti alle multi-jurisdictional collective redress actions. Nel quarto capitolo, si prenderà in considerazione la dimensione transnazionale delle azioni collettive, tenendo presenti le categorie e le regole affermatesi nel diritto internazionale privato e processuale e, soprattutto, quelle esistenti nell’ordinamento italiano e comunitario. Si individueranno poi gli obiettivi prioritari che si deve porre il giudice richiesto di giudicare sull’azione collettiva nella necessità di rendere una pronuncia o approvare una transazione che, da un lato, sia riconosciuta ed eseguita nei Paesi in cui dovrà essere riconosciuta ed eseguita e che, dall’altro lato, in ipotesi di opt out procedure, precluda ai soggetti che la pronuncia o la transazione dovrebbe vincolare successive azioni individuali e/o collettive in altri Paesi. Nel quinto capitolo, alla luce dei dati indicati nel terzo capitolo e delle considerazioni effettuate nel quarto capitolo, si analizzeranno alcuni dei profili critici posti dalla dimensione transnazionale delle azioni collettive; a tal fine, la trattazione verrà suddivisa in diversi punti che, pur essendo necessariamente connessi tra loro, nella loro individualità riescano ad evidenziare l’importanza e la centralità di determinate questioni. Peraltro, nell’intento di rispondere in modo adeguato alle problematiche analizzate, si indicheranno alcune delle soluzioni sperimentate dalla pratica giudiziaria o proposte dalla recente letteratura sul tema. Seguirà, infine, un ultimo capitolo contenente le osservazioni conclusive sugli esiti del lavoro.

Quantifying the Economics of Medical Malpractice - A View from a Civil Law Perspective

Life is full of uncertainties. Legal rules should have a clear intention, motivation and purpose in order to diminish daily uncertainties. However, practice shows that their consequences are complex and hard to predict. For instance, tort law has the general objectives of deterring future negligent behavior and compensating the victims of someone else's negligence. Achieving these goals are particularly difficult in medical malpractice cases. To start with, when patients search for medical care they are typically sick in the first place. In case harm materializes during the treatment, it might be very hard to assess if it was due to substandard medical care or to the patient's poor health conditions. Moreover, the practice of medicine has a positive externality on the society, meaning that the design of legal rules is crucial: for instance, it should not result in physicians avoiding practicing their activity just because they are afraid of being sued even when they acted according to the standard level of care. The empirical literature on medical malpractice has been developing substantially in the past two decades, with the American case being the most studied one. Evidence from civil law tradition countries is more difficult to find. The aim of this thesis is to contribute to the empirical literature on medical malpractice, using two civil law countries as a case-study: Spain and Italy. The goal of this thesis is to investigate, in the first place, some of the consequences of having two separate sub-systems (administrative and civil) coexisting within the same legal system, which is common in civil law tradition countries with a public national health system (such as Spain, France and Portugal). When this holds, different procedures might apply depending on the type of hospital where the injury took place (essentially whether it is a public hospital or a private hospital). Therefore, a patient injured in a public hospital should file a claim in administrative courts while a patient suffering an identical medical accident should file a claim in civil courts. A natural question that the reader might pose is why should both administrative and civil courts decide medical malpractice cases? Moreover, can this specialization of courts influence how judges decide medical malpractice cases? In the past few years, there was a general concern with patient safety, which is currently on the agenda of several national governments. Some initiatives have been taken at the international level, with the aim of preventing harm to patients during treatment and care. A negligently injured patient might present a claim against the health care provider with the aim of being compensated for the economic loss and for pain and suffering. In several European countries, health care is mainly provided by a public national health system, which means that if a patient harmed in a public hospital succeeds in a claim against the hospital, public expenditures increase because the State takes part in the litigation process. This poses a problem in a context of increasing national health expenditures and public debt. In Italy, with the aim of increasing patient safety, some regions implemented a monitoring system on medical malpractice claims. However, if properly implemented, this reform shall also allow for a reduction in medical malpractice insurance costs. This thesis is organized as follows. Chapter 1 provides a review of the empirical literature on medical malpractice, where studies on outcomes and merit of claims, costs and defensive medicine are presented. Chapter 2 presents an empirical analysis of medical malpractice claims arriving to the Spanish Supreme Court. The focus is on reversal rates for civil and administrative decisions. Administrative decisions appealed by the plaintiff have the highest reversal rates. The results show a bias in lower administrative courts, which tend to focus on the State side. We provide a detailed explanation for these results, which can rely on the organization of administrative judges career. Chapter 3 assesses predictors of compensation in medical malpractice cases appealed to the Spanish Supreme Court and investigates the amount of damages attributed to patients. The results show horizontal equity between administrative and civil decisions (controlling for observable case characteristics) and vertical inequity (patients suffering more severe injuries tend to receive higher payouts). In order to execute these analyses, a database of medical malpractice decisions appealed to the Administrative and Civil Chambers of the Spanish Supreme Court from 2006 until 2009 (designated by the Spanish Supreme Court Medical Malpractice Dataset (SSCMMD)) has been created. A description of how the SSCMMD was built and of the Spanish legal system is presented as well. Chapter 4 includes an empirical investigation of the effect of a monitoring system for medical malpractice claims on insurance premiums. In Italy, some regions adopted this policy in different years, while others did not. The study uses data on insurance premiums from Italian public hospitals for the years 2001-2008. This is a significant difference as most of the studies use the insurance company as unit of analysis. Although insurance premiums have risen from 2001 to 2008, the increase was lower for regions adopting a monitoring system for medical claims. Possible implications of this system are also provided. Finally, Chapter 5 discusses the main findings, describes possible future research and concludes.

Birth, Development and Progressive Institutionalization of the Ombudsman in the Russian Legal and Political System

One of the current trends in governance and legal development in Russia is aimed at establishing a modern, efficient and internationally harmonised system of safeguards of human rights and civil liberties. A fairly recent addition to this system has been the institution of ombudsman as a public authority specialised in promoting and protecting human rights and civil liberties. The introduction of this institution as well as its formalisation at the constitutional and legislative levels has been increasingly relevant and important, as it raises the dealings between the state and the individual to a new level. As an independent public institution resolving conflicts between citizens and government authorities, the ombudsman makes steps, within the scope of his jurisdiction, to restitute individual rights, and helps to enhance the reputation of government. The present work describes and assesses the birth, development and institutionalization process of the Ombudsman Office in the Russian Federation, at federal and regional levels, with a particular emphasis on the role of international references and cooperation for institution building. Ombudsmen have done a magnificent job in demonstrating value with the resolution of individual and systemic complaints; subsequent improvements to government; and economic savings by mitigating litigation costs.

Legittimo affidamento nel diritto tributario: esperienze comparate di diritto italiano ed inglese

Il contributo di questo scritto è stato quello di delineare attraverso l’esame comparatistico del principio dell'affidamento quel particolare fil rouge che differenzia e che unisce, gli ordinamenti di common law e di civil law nell’approcciarsi a questo principio. In questo studio lo sviluppo del principio dell’affidamento nel diritto inglese,l’influenza della Corte di Giustizia, ed recepimento da parte dei giudici di common law di quei principi di armonizzazione indicati dalla Corte di Giustizia che ha estremamente modificato e razionalizzato il contenzioso inglese e quello italiano. Questa ricerca si propone di valutare in chiave comparatistica le possibili lesioni che possono aver tratto il contribuente in inganno attraverso comportamenti difformi dalla P.A. Rispetto a quanto promesso ed i possibili effetti risarcitori che potrebbero dare luogo nei confronti della Pubblica Amministrazione fiscale.

The Application of European Competition Law in Arbitration Proceedings

This work provides several policy proposals capable to strengthen the private enforcement of EU competition law in arbitration. It focuses on the procedural law aspects that are permeated by legal uncertainty and that have not yet fallen under the scrutiny of the law and economics debate. The policy proposals described herein are based on the functional approach to law and economics and aim to promote a more qualified decision making process by: adjudicators, private parties and lawmakers. The resulting framework of procedural rules would be a cost-effective policy tool that could sustain the European Commission’s effort to guarantee a workable level of competition in the EU internal market. This project aims to answer the following broad research question: which procedural rules can improve the efficiency of antitrust arbitration by decreasing litigation costs for private parties on the one hand, and by increasing private parties’ compliance with competition law on the other hand?Throughout this research project, such broad question has been developed into research sub-questions revolving around several key legal issues. The chosen sub-research questions result from a vacuum in the European enforcement system that leaves several key legal issues in antitrust arbitration unresolved. The legal framework proposed in this research project could prevent such a blurry scenario from impairing the EU private enforcement of competition law in arbitration. Therefore, our attention was triggered by those legal issues whose proposed solutions lead to relevant uncertainties and that are most suitable for a law and economics analysis.

Modelli e strumenti di supporto alla scelta informata del paziente: un argine alla medicina difensiva

L’aumento esponenziale del contenzioso medico-legale – originatosi negli USA negli anni Sessanta in proporzioni tali da far parlare di medical liability crisis, e sviluppatosi in Italia a partire dalla metà degli anni Ottanta – ha comportato e continua a comportare, unitamente ad altre conseguenze negative, il ricorso sempre più frequente dei sanitari alle pratiche di medicina difensiva, con elevatissimi costi a carico del Servizio Sanitario Nazionale dovuti alla sovrabbondanza di trattamenti e ricoveri inutili e di procedure diagnostiche invasive non necessarie, peraltro produttive di stress emotivo nei pazienti. La causa dell’aumento della litigiosità deve essere ricercata in buona parte nella relazione medico-paziente, in particolar modo con riferimento al momento informativo che precede l’acquisizione del consenso informato al trattamento clinico. In Italia, i limiti che per lo più caratterizzano gli studi riguardanti il consenso informato derivano principalmente dal fatto che essi tendono a focalizzarsi unicamente sulla componente scritta del medesimo. Il fulcro del consenso informato, invece, deve ritenersi rappresentato da una comunicazione tra sanitario e paziente relativa ad un trattamento proposto ed alle possibili alternative, alla non sottoposizione ad alcun trattamento e ai rischi e benefici di ciascuna di queste opzioni. In un tale contesto il tema della comunicazione tra il professionista e la persona assistita sta suscitando interesse poiché ci si aspetta che esso conduca a miglioramenti degli outcome dei pazienti e alla diminuzione delle denunce da parte di questi ultimi per casi di responsabilità sanitaria. La maggiore attenzione al rapporto medico - paziente ha fatto emergere il bisogno di migliorare e potenziare le abilità comunicative dei medici, in un’ottica in cui il momento comunicativo possa essere percepito dal professionista come fulcro del rapporto medico-paziente, nella prospettiva di una elaborazione di strategie di prevenzione e contrasto ai fenomeni di medicina difensiva.

Patent nonnuse: are patent pools as possible solution?

Studies have depicted that the rate of unused patents comprises a high portion of patents in North America, Europe and Japan. Particularly, studies have identified a considerable share of strategic patents which are left unused due to pure strategic reasons. While such patents might generate strategic rents to their owner, they may have harmful consequences for the society if by blocking alternative solutions that other inventions provide they hamper the possibility of better solutions. Accordingly, the importance of the issue of nonuse is highlighted within the literature on strategic patenting, IPR policy and innovation economics. Moreover, the current literature has emphasized on the role of patent pools in dealing with potential issues such as excessive transaction cost caused by patent thickets and blocking patents. In fact, patent pools have emerged as policy tools facilitating technology commercialization and alleviating patent litigation among rivals holding overlapping IPRs. In this dissertation I provide a critical literature review on strategic patenting, identify present gaps and discuss some future research paths. Moreover, I investigate the drivers of strategic non-use of patents with particular focus on unused strategic play patents. Finally, I examine if participation intensity in patent pools by pool members explains their willingness to use their non-pooled patents. I also investigate which characteristics of the patent pools are associated to the willingness to use non-pooled patents through pool participation. I show that technological uncertainty and technological complexity are two technology environment factors that drive unused play patents. I also show that pool members participating more intensively in patent pools are more likely to be willing to use their non-pooled patents through pool participation. I further depict that pool licensors are more likely to be willing to use their non-pooled patents by participating in pools with higher level of technological complementarity to their own technology.

La gestione del contenzioso in sanità: analisi dei profili processuali della responsabilità medico-sanitaria funzionale alla definizione di modelli alternativi di risoluzione.

La tesi approfondisce i profili processuale della responsabilità medica allo scopo di elaborare una proposta alternativa di gestione del contenzioso. Si esamina, altresì, il tema dei limiti di utilizzo della mediazione nelle controversie in cui vengono in gioco interessi di rilievo pubblicistico.

Welche Typen von Autokratien sind leistungsfähiger und warum? : eine empirische Analyse auf Grundlage der Selektoratstheorie = Which type of autocracy performs better, and why?

Performanzunterschiede zwischen verschiedenen Autokratietypen wie Monarchien, Militär-, Ein-Parteien- und begrenzten Mehr-Parteien-Regimen sind bis auf wenige Ausnahmen bisher relativ unerforscht. Deshalb widmet sich diese Arbeit folgenden Forschungsfragen: Gibt es Performanzunterschiede zwischen verschiedenen Autokratietypen? Wenn ja, wie gestalten sich diese und wie lassen sie sich erklären? Auf Grundlage der Selektoratstheorie von Bueno de Mesquite et al. wird die Hypothese aufgestellt, dass die Performanz politischer Regime mit der Größe der Winning Coalition steigt. Da verschiedene Autokratietypen unterschiedlich große Winning Coalitions haben, wird angenommen, dass es deutliche Performanzunterschiede zwischen diesen Typen gibt. Als Performanzkriterien dienen in dieser Arbeit wirtschaftlicher Wohlstand, soziale Sicherheit und ökologische Nachhaltigkeit. Aus diesen drei Kriterien wird zusätzlich ein Indikator allgemeiner Performanz gebildet. Die empirische Untersuchung erfolgt mit den Daten des Quality-of-Governement-Datensatzes und erstreckt sich über 140 autokratische Länder im Zeitraum von 1972 bis 2010. Die Daten werden mittels Time-Series-Cross-Section-Regressionen analysiert. Die Ergebnisse der Analysen entsprechen nur teilweise den Erwartungen. Die Größe der Winning Coalition wirkt positiv auf die wirtschaftliche Wohlfahrt und die soziale Sicherheit und damit auch auf die allgemeine Performanz aus. Entgegen den Erwartungen sinkt die ökologische Performanz jedoch mit steigender Größe der Winning Coalition. Auch die Befunde bezüglich der Performanz verschiedener Autokratietypen entsprechen nicht den Erwartungen. So sind Ein-Parteien-Regime insgesamt leistungsfähiger als Mehr-Parteien-Regime, Militär-Regime und Monarchien. Militär-Regime sind leistungsfähiger als Monarchien und tendenziell auch als Mehr-Parteien-Regime.

ASSESSING INFORMATION CONFLICTS DURING THE PROJECT LIFE CYCLE

The objective of this research is to investigate the consequences of sharing or using information generated in one phase of the project to subsequent life cycle phases. Sometimes the assumptions supporting the information change, and at other times the context within which the information was created changes in a way that causes the information to become invalid. Often these inconsistencies are not discovered till the damage has occurred. This study builds on previous research that proposed a framework based on the metaphor of ‘ecosystems’ to model such inconsistencies in the 'supply chain' of life cycle information (Brokaw and Mukherjee, 2012). The outcome of such inconsistencies often results in litigation. Therefore, this paper studies a set of legal cases that resulted from inconsistencies in life cycle information, within the ecosystems framework. For each project, the errant information type, creator and user of the information and their relationship, time of creation and usage of the information in the life cycle of the project are investigated to assess the causes of failure of precise and accurate information flow as well as the impact of such failures in later stages of the project. The analysis shows that the misleading information is mostly due to lack of collaboration. Besides, in all the studied cases, lack of compliance checking, imprecise data and insufficient clarifications hinder accurate and smooth flow of information. The paper presents findings regarding the bottleneck of the information flow process during the design, construction and post construction phases. It also highlights the role of collaboration as well as information integration and management during the project life cycle and presents a baseline for improvement in information supply chain through the life cycle of the project.

Governor Tom Judge: Early Years - The Path to Becoming Montana's 18th Governor -- Sidney Armstrong, Larry Pettit & Kent Kleinkopf “In the Crucible of Change”

The dramatic period of progressive change in Montana that is documented "In the Crucible of Change" series really exploded with the election of Governors Forrest Anderson and Tom Judge. Anderson's single term saw the dispatching of the sales tax as an issue for a long period, the reorganization of the executive branch of state government and the revision of Montana's Constitution. As a former legislator, county attorney, Supreme Court justice, and Attorney General, Anderson brought unmatched experience to the governorship when elected. Tom Judge, although much younger (elected MT’s youngest governor at age 38 immediately following Anderson), also brought serious experience to the governorship: six years as a MT State Representative, two years as a MT State Senator, four years is Lieutenant Governor and significant business experience. The campaign and election of John F. Kennedy in 1960 spurred other young Americans to service, including Tom Judge. First elected in 1960, he rose rapidly through MT’s political-governmental hierarchy until he took over the governorship in time to implement many of the changes started in Governor Anderson’s term. But as a strong progressive leader in his own right, Governor Judge sponsored and implemented significant advancements of his own for Montana. Those accomplishments, however, are the subject of other films in this series. This film deals with Tom Judge’s early years – his rise to the governorship from when he returned home after college at Notre Dame and newspaper experience in Kentucky to his actual election in November 1972. That story is discussed in this episode by three major players in the effort, all directly involved in Tom Judge’s early years and path to the governorship: Sidney Armstrong, Larry Pettit and Kent Kleinkopf. Their recollections of the early Tom Judge and the period of his advancement to the governorship provide an insider’s perspective of the growth of this significant leader of the important period of progressive change documented “In the Crucible of Change.” Sidney Armstrong, President of Sidney Armstrong Consulting, serves on the board and as the Executive Director of the Greater Montana Foundation. Formerly Executive Director of the Montana Community Foundation (MCF), she has served on national committees and participated in national foundation initiatives. While at MCF, she worked extensively with MT Governors Racicot and Martz on the state charitable endowment tax credit and other endowed philanthropy issues. A member of MT Governor Thomas L. Judge’s staff in the 1970s, she was also part of Governor Brian Schweitzer’s 2004 Transition Team, continuing to serve as a volunteer advisor during his term. In the 1980s, Sidney also worked for the MT State AFL-CIO and the MT Democratic Party as well as working two sessions with the MT Senate as Assistant Secretary of the Senate and aide to the President. A Helena native, and great granddaughter of pioneer Montanans, Sidney has served on numerous nonprofit boards, and is currently a board member for the Montana History Foundation. Recently she served on the board of the Holter Museum of Art and was a Governor’s appointee to the Humanities Montana board. She is a graduate of the International School of Geneva, Switzerland and the University of Montana. Armstrong's Irish maternal immigrant great-grandparents, Thomas and Maria Cahill Cooney, came to Virginia City, MT in a covered wagon in 1865, looking for gold. Eventually, they settled on the banks of the Missouri River outside Helena as ranchers. She also has roots in Butte, MT, where her journalist father's family, both of whom were newspaper people, lived. Her father, Richard K. O’Malley, is also the author of a well-known book about Butte, Mile High, Mile Deep, recently re-published by Russell Chatham. She is the mother of four and the grandmother of eight. Dr. Lawrence K. Pettit (Larry Pettit) (b. 5/2/1937) has had a dual career in politics and higher education. In addition to being Montana’s first Commissioner of Higher Education (the subject of another film in this series); Pettit, of Lewistown, served as legislative assistant to U.S. Senators James E. Murray and Lee Metcalf, campaign manager, head of transition team and assistant to Montana Governor Thomas L. Judge; taught political science at The Pennsylvania State University (main campus), was chair of political science at Montana State University, Deputy Commissioner for Academic Programs at the Texas Higher Education Coordinating Board, Chancellor of the University System of South Texas (since merged with Texas A&M University), President of Southern Illinois University, and President of Indiana University of Pennsylvania from where he retired in 2003. He has served as chair of the Commission on Leadership for the American Council on Education, president of the National Association of (University) System Heads, and on many national and state boards and commissions in higher education. Pettit is author of “If You Live by the Sword: Politics in the Making and Unmaking of a University President.” More about Pettit is found at http://www.lawrencekpettit.com… Kent Kleinkopf of Missoula is co-founder of a firm with a national scope of business that specializes in litigation consultation, expert vocational testimony, and employee assistance programs. His partner (and wife of 45 years) Kathy, is an expert witness in the 27 year old business. Kent received a BA in History/Education from the University of Idaho and an MA in Economics from the University of Utah. The Kleinkopfs moved to Helena, MT in 1971 where he was Assistant to the Commissioner of State Lands (later Governor) Ted Schwinden. In early 1972 Kent volunteered full time in Lt. Governor Tom Judge’s campaign for Governor, driving the Lt. Governor extensively throughout Montana. After Judge was elected governor, Kent briefly joined the staff of Governor Forrest Anderson, then in 1973 transitioned to Judge’s Governor’s Office staff, where he became Montana’s first “Citizens’ Advocate.” In that capacity he fielded requests for assistance from citizens with concerns and information regarding State Agencies. While on the Governor’s staff, Kent continued as a travel aide with the governor both in Montana and nationally. In 1977 Kent was appointed Director of the MT Department of Business Regulation. That role included responsibility as Superintendent of Banking and Chairman of the State Banking Board, where Kent presided over the chartering of many banks, savings and loans, and credit unions. In 1981 the Kleinkopfs moved to Missoula and went into the business they run today. Kent was appointed by Governor Brian Schweitzer to the Board of the Montana Historical Society in 2006, was reappointed and continues to serve. Kathy and Kent have a daughter and son-in-law in Missoula.

The New Swiss Patent Ligitation System

Switzerland is about to implement a completely new patent litigation system, following the establishment of a new specialized federal patent trial court and the replacement of twenty-six cantonal codes of civil procedure with a single uniform federal code of civil procedure. This article provides an overview of the general structure and the most important features of the new patent litigation system that may be of interest to international patent litigants and litigators.

Swiss Patent Jurisprudence 2012

The new Swiss Federal Patent Court, with nationwide first-instance jurisdiction over all civil patent matters, has been operating since 1 January 2012. This article reviews and contextualizes the most important patent cases the Swiss Federal Patent Court and the Swiss Federal Supreme Court. It concludes that the revamped Swiss patent litigation system has the potential of turning Switzerland into a competitive venue for the adjudication of patent matters in Europe.

A Qualitative Study on the Adoption of Copyright Assignment Agreements (CAA) and Copyright License Agreements (CLA) within Selected FOSS Projects

Open source software projects are multi-collaborative works incorporating the contributions of numerous developers who, in spite of publishing their code under a public license such as GPL, Apache or BSD, retain the copyright in their contributions. Having multiple copyright-owners can make the steering of a project difficult, if not impossible, as there is no ultimate authority able to take decisions relating to the maintenance and use of the project. This predicament can be remedied by centring the dispersed copyrights in a single authority via contributor agreements. Whether to introduce contributor agreements, and if so in which form, is a pressing question for many emerging, but also for established projects. The current paper provides an insight into the ethos of different projects and their reason for adopting or rejecting particular contributor agreements. It further examines the exact set-up of the contributor agreements used and concludes that smart drafting can blur the difference between CAAs and CLAs to a considerable extent, manoeuvring them into a legal grey area. To avoid costly litigation to test the legal enforceability of individual clauses, this paper proposes the establishment of an international committee comprised of developers, product managers and lawyers interested in finding a common terminology that may serve as a foundation for every contributor agreement