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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

 

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

 

In the international framework, intellectual property (IP) and competition law must be assessed in the context of their relationship with regulations on public health, climate change, food safety, biodiversity and human rights.

The resulting global interdependence brings forth a number of fundamental questions: How can territorial IP and competition law systems react at all to transnational circumstances? How can access to information, the promotion of environmentally friendly, so-called "green" technologies, or the protection of traditional knowledge be ensured? How can the utilisation of IP-protected material in global information networks be adequately addressed? How should worldwide measureable impacts of transnational businesses on competition be regulated? How should antitrust law be regulated on the national, supranational and international levels so that all nations around the world are able to participate in an equitable way in the economic advantages of globalisation?

The struggle for international harmonisation creates tensions with tendencies to respect national diversity and with the increasing presence of regional or bilateral rule systems. A result is an increasing fragmentation of the global IP system. The plurality of regulatory tools, actors and substantive obligations allows choosing amongst the different solutions offered. This choice is relevant not only for reform models on the multilateral level but also for a functioning cooperation between various approaches.

Competition law also finds itself in a state of flux. An increasing number of legal systems - including those in developing countries - have introduced antitrust laws. This does not necessarily solve problems of global interdependence since deficits of a universal concept of competition policy remain - a deficit for antitrust law, but even more so for value judgements on the fairness of competition. Therefore, a normative concept of competition law within a global context is in question, which must be adjusted to new economic thinking. Ultimately, this must form part of a constitutionalisation of the global economic order, in which the challenges extend beyond competition law to include questions of procedures and sanctions in civil, administrative and criminal law.

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