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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

 

The influence of European law on the development of intellectual property law and competition law is manifold; it extends back to the inception of the European integration process. The central questions concentrate on the EU's internal market policy objectives and in this regard the functions of this legal area. This can be most clearly seen in the internal market orientation in European competition law, whose function is distinguished by each of the Member States' competition legislation.

In this respect, the more complex question is "how much Europe" do internal market objectives - including fair trade law - require. Thereby, not only the balancing of coexisting national and EU-wide protection systems are put in question. Even on the level of national protection systems, the internal market requires the proper density of harmonisation. Determining this is challenging. An insufficient balance can hinder basic rights, while an overly extensive legal balancing can threaten to eliminate the positive effects of a competition of systems.

Concerning the question of the necessity and extent of supranational protection systems, it is not only the impact of existing EU laws on intellectual property on Europe's competitive ability which is of interest, presently in particular the Community trade mark system is the object of an extensive analysis - also economically. In addition, the EU patent system, which has been under debate for decades, and its relation to the European patent system poses fundamental - in particular institutional - problems. In the midterm, the question of an EU copyright comes to the forefront, especially as the existing, rather extensive, but merely partial harmonisation in copyright law has not succeeded in stopping market definition, which in the internet age appear anachronistic.

In European law, other central questions appear above and beyond IP and competition law. One only has to consider the complex interplay between European and national process rules, conflict of law questions or the system of judicial cooperation in civil questions, and also on the continual concentration of contract law principles, which open wholly new perspectives for IP agreements in particular..

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