Max Planck Institute for Innovation and Competition

IIC

Aims and Scope

The International Review of Intellectual Property and Competition Law (IIC), tracks worldwide developments in intellectual property and competition law, presenting the finest academic research in these fields from a European legal perspective.

Our scholarly emphasis concentrates on disseminating and expanding upon the European approach to law. Our goal is to set ourselves apart from other (esp. several US) publications. To this end we focus on two specific aims:

(1)   The most significant legal developments from around the world (including, in particular, Asia), are taken up and considered within the European context. These developments are presented in a manner that is understandable not only to a European audience, but also to US and Japanese readers.

(2)   Current legal developments occurring in Europe are examined in such a way that the non-European reader can appreciate their significance.

IIC offers a platform for opposing ideas, providing for rich debate on a host of current IP and competition law topics.

The value of IIC for European specialists, going beyond other “European” journals, rests in our treatment of non-European topics combined with our illuminating analyses of European legal developments as seen within a global legal context.

For non-European specialists, IIC is the medium of choice as it explores developments extending beyond strictly European legal issues (i.e. developments in Asia, India, the Near East, Africa, Latin and North America), while at the same time conveying a European viewpoint on these events. In this respect, the target readership comprises those (including Americans and Asians) interested in more than merely legal developments in the USA.

We make no compromises with regard to the scholarly nature of the journal. This commitment is the aspect that separates IIC from a host of other journals on the topic. However, the communication of our content consistently maintains a reference to practice. Thus, it is not the average lawyer who is targeted, but the specialist who has an interest in scholarly debate.

IIC’s central feature is high-quality articles with a firm theoretical foundation submitted from experts around the world. IIC also prints reports and opinions on IP and competition law events and issues occurring around the globe. In addition, we translate and publish the most important decisions from jurisdictions worldwide (including non-mainstream jurisdictions), providing our readers with a unique service found almost nowhere else.

Finally, IIC looks back on a more than 40-year history of publication. Each volume builds on this tradition of academic excellence. Our established foundation provides a unique basis upon which our readers are able to research and explore coming developments in IP and competition law in the decades to come.

Instructions for Authors

    Manuscript Submission

      Requirements

      Permissions

      Manuscript Submission

      Page Length

    Title Page

     Title Page

      Abstract

      Keywords

    Formatting

      Text Formatting

      Headings

      Abbreviations

      Footnotes

      Acknowledgments

    References

      Citation

      Reference list

      Courts/Names of International Courts

      Cases

      Translation of German Laws

      Numbering

      Countries and Their Courts

    Peer Review

    After Acceptance

Manuscript Submission

Requirements

Submission of a manuscript implies: that the work described has not been published before; that it is not under consideration for publication anywhere else; that its publication has been approved by all co-authors, if any, as well as by the responsible authorities – tacitly or explicitly – at the institute where the work has been carried out.

Manuscripts that are accepted for publication will be checked by our copyeditors for spelling and formal style. This may not be sufficient if English is not your native language and substantial editing would be required. In that case, you may want to have your manuscript edited by a native speaker prior to submission. A clear and concise language will help editors and reviewers concentrate on the scientific content of your paper and thus smooth the peer review process.

Permissions

Authors wishing to include figures, tables, or text passages that have already been published elsewhere are required to obtain permission from the copyright owner(s) for both the print and online format and to include evidence that such permission has been granted when submitting their papers. Any material received without such evidence will be assumed to originate from the authors.

Manuscript Submission

Contributions may be submitted at any time to IIC’s Legal Manager at:

E-Mail: iic@ip.mpg.de

Max Planck Institute for Innovation and Competition

IIC

Marstallplatz 1

80539 Munich

Germany

Phone: +49 89 24246-208

Fax: +49 89 24246-501

Page Length

Articles: Maximum 25 pages (approx. 14,000 words incl. footnotes).

Opinions and Reports: Maximum 15 pages (approx. 8,500 words incl. footnotes).

Book reviews: Maximum 4 pages (approx. 2,300 words incl. footnotes).

Title Page

Title Page

The title page should include:

 The name(s) of the author(s)

 A concise and informative title

 The affiliation(s) and address(es) of the author(s)

 The e-mail address, telephone and fax numbers of the corresponding author

Abstract

Please provide an abstract of 150 to 250 words. The abstract should not contain any undefined abbreviations or unspecified references.

Keywords

Please provide 4 to 6 keywords which can be used for indexing purposes.

Formatting

Text Formatting

 Use a normal, plain font (e.g., 10-point Times Roman) for text.

 Use italics for emphasis.

 Use the automatic page numbering function to number the pages.

 Do not use field functions.

 Use tab stops or other commands for indents, not the space bar.

 Save your file in doc format. Do not submit PDF files.

Headings

Please use the decimal system of headings with no more than three levels.

For example:

1. Section

1.1 Subsection

1.1.1 Sub-subsection

Abbreviations

Avoid unfamiliar abbreviations, define any abbreviation that you use in the text at first mention and use it consistently thereafter.

Within articles and decisions the terms below are to be abbreviated as follows.

Exceptions are original EU decisions. Here these terms are left as in the original. Also, the § and §§ are left in citations of U.S. Appeal and Supreme Court decisions.

Standard abbreviations of terms:  
Article Art.
Articles Arts.
Compare cf.
Figure Fig.
Figures Figs.
Number No.
Numbers Nos.
Official Journal OJ
Paragraph para.
Paragraphs paras.
Section or § Sec.
Sections or §§ Secs.
Abbreviations of courts, organizations, treaties and unions:  
Court of Appeal CA
Court of First Instance CFI
Court of Justice of the European Union CJEU
European Community (aka “Treaty of Rome”) EC
European Economic Community EEC
European Patent Convention (aka “Munich Convention”) EPC
European Patent Office EPO
European Union (aka “Maastricht Treaty”) EU
House of Lords HL
Patent Court PatC
Trade-Related Aspects of Intellectual Property Rights TRIPS*
WIPO Copyright Treaty WCT
World Intellectual Property Organization WIPO
World Trade Organization WTO

* Note: WIPO uses “TRIPS”, however, some authors prefer “TRIPs”. This is accepted as long as usage is consistent

Footnotes

Footnotes can be used to give additional information, which may include the citation of a reference included in the reference list. They should not contain any figures or tables.

Footnotes to the text are numbered consecutively; those to tables should be indicated by superscript lower-case letters (or asterisks for significance values and other statistical data). Footnotes to the title or the authors of the article are not given reference symbols. 

Always use footnotes instead of endnotes.

Acknowledgments

Acknowledgments of people, grants, funds, etc. should be placed in a separate section before the reference list. The names of funding organizations should be written in full.

References

Citation

Citations of books, book chapters, or journal articles in the text or in footnotes should be given in a shortened form: author name(s), year and page number or paragraph. Some examples:

– One author: Miller 1991, p. 17 or Miller 1991, para 30

– Two authors: Miller and Smith 1991, p. 17 or Miller and Smith 1991, para 30

– Three authors or more: Miller et al. 1991, p.17 or Miller et al. 1991, para 30

– Commentaries: Smit 2005, Article 5, para 7

Reference list

Please provide a reference list with the bibliographic details of the cited books, book chapters, or journal articles. The list should only include works that have been published or accepted for publication. Personal communications and unpublished works should only be mentioned in the text or the footnotes. 

Reference list entries should be alphabetized by the last names of the first author of each work.

– Journal article

Schwarze J (2000) Der Staat als Adressat des europäischen Wettbewerbsrechts. EuZW 11: 613–618

– Article by DOI 

Cheng, ECM, Courtenay SM (2006) Board composition, regulatory regime and voluntary disclosure. Int J Account 41:262-289. doi:10.1016/j.intacc.2006.07.001

– Book

Enchelmaier S (1997) Europäische Wettbewerbspolitik im Oligopol. Nomos, Baden-Baden

– Book chapter

Hulle K van, Tas L van der (2001) European Union-individual accounts. In: Ordelheide D, KPMG (eds), Transnational accounting, 2nd edn. Palgrave, Basingstoke, pp 772–826

– Online document

Deutscher Bundestag (2009) Plenarprotokoll 16/222. www.bundestag.de/bic/plenarprotokolle/pp_pdf/16222.pdf. Accessed 18 May 2009

Courts/Names of International Courts

The names of international courts are given in English.*

Example:  
“Cour d’appel de Paris” is “Paris Court of Appeal”
“Bundesgerichtshof or BGH” is “German Federal Supreme Court”

* Note: For a comprehensive list of foreign courts and their English translation, see below.

Cases

Clagett v. Daly, 87 S. Ct. 311 (1966).

Federal Supreme Court, May 14, 1998, Case No. I ZB 9/96, 1998 GRUR 938 – Dragon.

German case references in BGH decisions

Examples:

(Original) BGHZ 98, 12, 18 – Formstein

(IIC style) 98 BGHZ 12, 18 [18 IIC 797 (1987)] – Formstein*

* Note: The first number after “BGHZ” in the original example is the volume number and belongs in the first position. Where an IIC translation of the decision exists, the IIC citation information is inserted in squared brackets before the catch words. The catch words are in cursive following an en-dash.

Translation of German Laws

PatG § 9 Abs. 1 Satz 2 = Patent Act, Sec. 9(1), second sentence

MarkenG § 24 Nr. 2 = Trade Mark Act, Sec. 24, No. 2

MarkenG § 24 Abs. 1 Nr. 2 = Trade Mark Act, Sec. 24(1)(2)

Numbering

Paragraph Numbering/Marginal Numbers:

All translations of BGH decisions should retain the paragraph numbering from the German original. The marginal numbering of paragraphs in BGH decisions is placed at the beginning of each paragraph.

Example:

4 The appeal on the law is admissible and results in the contested decision being set aside and the case being returned to the appeal court for rehearing....

becomes

4 The appeal on the law is admissible and results in the contested decision being set aside and the case being returned to the appeal court for rehearing....

Where a paragraph already contains numbering or lettering along with a marginal number, the marginal number is still set at the beginning, separated by an en-dash.

Example:

5 I. The patent at issue concerns the drawing unit of a machine for drawing metal blanks, and interacts with a drawing tool as shown schematically in Fig. 1 of the patent at issue:...

becomes

5 – I. The patent at issue concerns the drawing unit of a machine for drawing metal blanks, and interacts with a drawing tool as shown schematically in Fig. 1 of the patent at issue:...

Countries and Their Courts

Austria  
Kartellgericht (1. Instance – not appellate court) Cartel Court
Kartellobergericht Cartel Supreme Court
Oberlandesgericht Wien Vienna Court of Appeal
Oberster Gerichtshof Supreme Court
Österreichisches Patentamt, Patent Office,
Beschwerdeabteilung Appeals Division
Nichtigkeitsabteilung Nullity Procedures Division
Oberster Patent- und Markensenat Supreme Patent and Trade Mark Chamber
Patentgerichtshof Patent Court
Verfassungsgerichtshof Constitutional Court
Verwaltungsgericht Administrative Court
Arbeiterkammertag Govt. Agency representing workers (not a court)
Belgium  
Tribunal de première instance de Bruxelles Court of First Instance
Cour d’appel de Bruxelles Court of Appeal
Tribunal de commerce District Court for Commerce Matters
Rechtbank van Koophandel District Court
Hof van Beroep Court of Appeal
Benelux  
Gerechtshof Court of Justice
Rechtbank District Court
Brazil/Portugal  
Tribunal da Relação Court of Appeal
Supremo Tribunal de Justiça Supreme Court of Justice
Denmark  
So-og Handelsret Maritime & Commercial Court
Byret Court of First Instance
Hojesteret Supreme Court
Ostrelandsret District Court
Fojesteret Bailiffs Court
Marktgesetz Marketing Practices Act
France  
Cour d’appel de Paris Paris Court of Appeal
Cour de cassation Supreme Court
Tribunal de commerce de la Seine District Court for Commerce Matters
Tribunal de grande instance de Paris Paris District Court
Germany  
Amtsgericht Local Court
Bundesgerichtshof Federal Supreme Court
Bundespatentgericht Federal Patent Court
(4. Senat) (4th Chamber)
(Senat) this Court, the Court
Landgericht District Court
Oberlandesgericht Court of Appeal
Bundeskartellamt Federal Cartel Office
Kammergericht Berlin Court of Appeal
Schiedsstelle nach dem ArbnErfG beim Deutschen Patentamt Arbitration Board at the German Patent Office according to the Act on Employees’ Inventions
Bundesverfassungsgericht Federal Constitutional Court
Hungary  
Fovarosi Birosag District Court
Legfelsobb Birosag Supreme Court
Italy  
Corte di Cassazione Supreme Court
Corte di Apello Court of Appeal
Corte Costituzionale Constitutional Court
Tribunale di Milano District Court
Pretura di Roma County Court
Commissione dei Ricorsi in materia Patent Appeal Commission Di brevetti
Luxembourg  
Tribunal d’Arrondisement District Court
Netherlands  
Octrooiraad Afdeling van Beroep Patent Office Board of Appeal
Arrondisements-Rechtbank te Breda District Court
Hoge Raad Supreme Court
Gerechtshof Court of Appeal
Norway  
Hoysterett Supreme Court
Byrett District Court
Poland  
Komisja Odwolawcza Patent Office Appeal Commission
Komisja Rozjemcza Patent Office Arbitration Commission
Kollegium Orzekajace Decisions Board
Sad Najwyzszy Supreme Court
Vojvod District Court
Rumania  
Comisia pentru solutionarea Appeal Commission
Contestatiilor privind inventiile Board of Appeals for Inventions
Russia  
Comitet po delam izobretenij i otkrytij Committee for Discoveries and Inventions
Verchovnyj sud Supreme Court
Ekspertnyj sovet Board of experts
  Statute on Discoveries, Inventions and Rationalization Proposals
  State Office for Scientific-Technical Examination of Inventions
Spain  
Tribunal Supremo Supreme Court
Sweden  
Tingsrätt City Court
Svea Hovrätt Court of Appeal
  Market Court
  Marketing Practices Act
Switzerland  
Bundesgericht Federal Supreme Court
Bezirksgericht District Court
Eidgenössisches Amt für Geistiges Eigentum Federal Office for Intellectual Property
Vorprüfungssektion Examining Division
Markenabteilung Trade Mark Division
Beschwerdeabteilung Board of Appeals
Handelsgericht District Court for Commercial Matters
Obergericht Court of Appeal
Zivilgericht Basel-Stadt Canton of Basel District Court
Cour de justice civile Court of Appeal
Kartellkommission Cartel Commission

Peer Review

Contributions submitted to IIC are subject to a peer-review process. Two in-house or external experts will independently from one another have a look at the contribution to determine whether it is suitable for publication in IIC. Following review, the experts make recommendations to the editors as to whether a submission should be accepted as it is or with changes, or whether it should be rejected.

It is IIC’s policy to not provide any reasons for the rejection of a contribution. It should be mentioned that, although the rejection of a submission may be related to its quality, it more often than not has to do with other factors, such as that IIC receives a large number of submissions which cannot all be published, that the editors consider a topic to have been dealt with sufficiently in previous issues or that the content of a submission may not be pertinent enough to what the typically internationally oriented reader of IIC may expect the journal to publish at a certain point in time. It may also be the case that the editors consider a submission, in view of its nature or format, to be more suited for publication in a legal journal with a different thematic or conceptual emphasis. Furthermore, it is also possible for a contribution to be declined in light of "the diverse mix" of topics IIC wishes to maintain to make the journal interesting for all its readers.

The review process may take up to two months, but very often review is completed prior to the expiry of that period. In the case of "urgent" contributions (adjudged in the light of the topic dealt with), measures are usually taken to expedite review.

After Acceptance

Upon acceptance of your article you will receive a link to the special Author Query Application at Springer’s web page where you can sign the Copyright Transfer Statement online and indicate whether you wish to order offprints.

Once the Author Query Application has been completed, your article will be processed and you will receive the proofs.

The purpose of the proof is to check for typesetting or conversion errors and the completeness and accuracy of the text, tables and figures. Substantial changes in content, e.g., new results, corrected values, title and authorship, are not allowed without the approval of the Editor.

After online publication, further changes can only be made exceptionally and in the form of an Erratum, which will be hyperlinked to the article.

The article will be published online after receipt of the corrected proofs (“Online First”). This is the official first publication citable with the DOI. After release of the printed version, the paper can also be cited by issue and page numbers.

Republication Policy

Upon request, contributions may be republished in print elsewhere, provided it is made clear that the contribution has first been published in IIC and full and correct reference data are cited (volume, page, year). In order to obtain authorization, please contact IIC’s Legal Manager.

SSRN and other similar online databases may be used as preprint media for contributions prior to their publication in IIC. 

However, once the contribution is published in IIC (“Online First”), it must be removed for a period of two years from all online media on which it has been made accessible. An abstract of the contribution may remain online, as long as it indicates IIC as the source where the full text version may be retrieved. 

Nevertheless, authors are entitled to make contributions available on their homepage, provided this is a strictly personal homepage, i.e. not a homepage administrated by an academic or educational institution (where the contribution is deposited in the electronic repository of the institution concerned).

Once the two year exclusivity period has elapsed, contributions may be (again) made available on SSRN and other similar online databases as well as institutional websites.

Subscription Information

ISSN print edition 0018-9855

ISSN electronic edition 2195-0237

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IIC Online

Online subscriptions to IIC are available at SpringerLink, LexisNexis, Westlaw International and Beck-Online.

Editorial Board

William R. Cornish, QC, LL.D. (Cambridge), F.B.A., Professor of Law Emeritus, University of Cambridge, External Academic Member of the Max Planck Institute for Innovation and Competition

Josef Drexl (EDITOR-IN-CHIEF), Dr. jur., LL.M. (UC Berkeley), Professor of Law, Director of the Max Planck Institute for Innovation and Competition, Honorary Professor at the Ludwig-Maximilians-Universität Munich

Christophe Geiger, Dr. iur., Associate Professor, Director General and Director of the Research Department of the Centre for International Intellectual Property Studies (CEIPI), University of Strasbourg, Affiliated Research Fellow, Max Planck Institute for Innovation and Competition

Henning Grosse Ruse-Khan, Dr. iur., University Lecturer in Law, University of Cambridge, and Fellow, King’s College, Affiliated Research Fellow, Max Planck Institute for Innovation and Competition

 Christopher Heath, Dr. jur., Judge, Boards of Appeal, European Patent Office, Munich

Reto M. Hilty (EDITOR-IN-CHIEF), Dr. jur., Professor of Law, Director of the Max Planck Institute for Innovation and Competition, Ordinarius ad personam at the University of Zurich, Honorary Professor at the Ludwig-Maximilians-Universität Munich

Annette Kur, Dr. iur., Associate Professor at Stockholm University, Senior Research Fellow at the Max Planck Institute for Innovation and Competition

Jochen Pagenberg, Dr. jur., LL.M. (Harvard), Attorney-at-Law, Munich/Paris

Alexander Peukert, Dr. iur., Professor of Law, Goethe University Frankfurt am Main

Hanns Ullrich, Dr. iur., M.C.J. (NYU), Professor of Law Emeritus, Affiliated Research Fellow, Max Planck Institute for Innovation and Competition, Visiting Professor, College of Europe, Bruges

Print and Publishing Editor

Charles Heard

Tables of Contents