deutsch home
Department

Intellectual Property and Competition Law

The aims of the Max Planck Institute for Intellectual Property and Competition Law lie in fundamental research of current, future-oriented questions surrounding the protection of intellectual property, such as inventions or creations as well as the regulation of competition mechanisms and behavior. The point of departure in defining the Institute's research topics are primarily phenomenological questions from which specific, long-term examined fields of researchare formed. Within these fields of research, the Institute determines mid-term variable main areas of researchwithin which various types of partially interdisciplinary research projects are located.

 

Field of Research
Intellectual property law and competition law between the marketplace and regulation

 

Main Area of Research
Legal and economic framework of the pharmaceutical industry

 

Main Area of Research
The Music Market

 

Main Area of Research
Legal and economic framework of markets for information goods and for information technology

 

Main Area of Research
Sport

 

Field of Research
The coherence of intellectual property law with competition policy

 

Main Area of Research
Exploring differences and commonalities in the intellectual property system

 

Main Area of Research
Overlaps

 

Main Area of Research
Coherency of IP Rights and Unfair Competition Law

 

Main Area of Research
Coherency of Antitrust Law and Unfair Competition Law

 

Field of Research
Promotion of innovation through intellectual property law and competition law

 

Main Area of Research
Incentive mechanisms

 

Main Area of Research
'Green' Antitrust Law

 

Main Area of Research
Competition in Innovation

 

Field of Research
Intellectual property law and competition law in the European Union

 

Main Area of Research
Union-Wide Intellectual Property Rights and Systems

 

Main Area of Research
Objectives of the European Union in Intellectual Property and Competition Law

 

Main Area of Research
Procedural Law

 

Field of Research
Intellectual property law and competition law in a global legal order

 

Main Area of Research
The Fragmentation of International Intellectual Property Law

 

Main Area of Research
The Concept of Territoriality and Its Impact on International Intellectual Property Protection

 

Main Area of Research
Global Competition Order

 

Field of Research
Enforcement of rights

 

The remedies and procedures for the enforcement of rights enshrined in substantive law are what endow substantive rights with actual legal pertinence. However, the scope of a right (claim) under substantive law and the shape of that right upon enforcement may not always be congruent. Accordingly, the level of enforcement is decisive in determining and ascertaining the actual scope of a right and the effects of intellectual property protection in a given context.

Viewed from this angle, ill-conceived enforcement norms risk setting dysfunctional and, accordingly, false incentives to stakeholders. In turn, the close connection between substantive rights and the enforcement of those rights also means that enforcement systems can be perceived as providing alternative adjustment mechanisms to correct functional errors in substantive law.

This field of research basically yields two major issues. The first is the question of whether the interests realised or expressed through enforcement (i.e. the interests protected in enforcement provisions) are sufficiently balanced or whether that balance must be adjusted in a given area. Depending on the enforcement level under consideration, i.e. national, regional or international enforcement, different challenges arise.

The other major issue under this research field is detached from imbalances in the protected interests and focuses on structural or organisational obstacles to enforcement. Very often, such deficits stem from the fact that parallel, insufficiently coordinated enforcement mechanisms exist. This primarily concerns cross-border - i.e. European or international - enforcement.

Inadequate enforcement structures may distort the enforcement of substantive rights in terms of frustrating or over-extending their scope. This jeopardizes the attainment of objectives inherent to intellectual property protection, such as an enhancement of innovation and creativity, and may generally negatively impact third-party interests. Another effect of this inadequacy extends to a lack of legal certainty and an accumulation of unnecessary costs, which impact competition and in a larger context ultimately cross-border trade.

Main Area of Research
Balance of interest

 

Main Area of Research
The structures of law enforcement

 

Main Area of Research
Alternative Dispute Resolution

 

Field of Research
The methodological basis of antitrust law

 

Main Area of Research
The Economic Approach to Competition Law

 

Main Area of Research
Methodological Challenges of Protecting Competition in Innovation

 

Field of Research
The social contribution and legitimacy of intellectual property law

 

Main Area of Research
Functions, objectives, values and evaluation criteria

 

Main Area of Research
Ceilings of Intellectual Property Protection

 

Main Area of Research
Acceptance of Intellectual Property Rights