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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

 

The system of free market economy is founded on the idea that the State may only intervene if there is a sufficient reason - primarily in the event of market failure. Based on this premise, research in the area of intellectual property law and competition law must be market oriented.

Although this is less obvious with respect to IP law as compared to competition law, it is no less significant. IP law seldom takes account of concrete market conditions, even though incentives for the creation of IP goods vary according to the conditions predominant in a market. If competition itself creates sufficient incentives in a relevant market, intervention in free competition in the form of IP law is subject to particular justification. Furthermore, the granting of IP protection may also have a different impact on competition depending on the type of the market. On the one hand, it can enhance quality competition for the benefit of consumers, yet on the other hand, it can lead to the erection of barriers to market entry. The question therefore arises as to whether and under which conditions the granting of IP protection may be limited, or whether an appropriate market regime - in the light of pursuing innovation - could be established on the basis of competition law.

Market-oriented considerations may advocate for a sector-specific embodiment of IPRs. Particular market features may, likewise, influence the mode and the result of the application of competition law. For example, innovative IT markets - often featured by standardisation and the creation of network effects - may require more stringent control. By contrast, in the strongly regulated pharmaceutical markets the need is raised to take account of potential dynamic innovation. Here, a balance must be achieved between the social concern for the guarantee of access to effective and inexpensive medicines with the simultaneous interest in maintaining incentives for research and development.

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

 

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