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

 

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

 

The methodological, fundamental questions surrounding antitrust law arise in a particular manner. Its infractions are permeated with requirements such as, for example, "market dominance", "the relevant market" and, of course, "restraints of competition", which are not only shaped by economics, but also require an understanding of economics on the part of those applying the law.

The methodology of antitrust law is, therefore, aimed at the proper combination between economic and legal modes of argumentation and evaluation. To this end, an economic perspective is increasingly represented in modern competition policy. Above all, the European Commission, through its application of the "more economic approach", puts forth the attempt to merely improve the economic results of the application of antitrust law. In fact, the demanded economisation raises fundamental questions regarding the objectives of antitrust law, the observance of economic objectives in the forming of legal rights and enforcement principles, and ultimately regarding the effectiveness of the economic approach. The latter perspective should above all be made a point of discussion as economic teachings are subject to methodological limitations. This is primarily true for neo-classical industrial economics, whose approach is only to a limited extent able to put forth a sufficient picture of actual market processes. Further, antitrust law "as applied economics" remains embedded in the governing legal system with its respective law and constitutional foundations. As a result, one can not only conduct research on the significance of economic thinking with respect to antitrust law as a fundamental topic. At the same time - and with the same importance - it concerns the normative evaluation of antitrust law as well as the conflicts, which can derive from both.

Of particular significance are the methodological challenges in the context of innovation effects. Modern competition economics has developed out of classical price theory. It may be that this sufficiently explains why price cartels are to be prohibited; however, this approach quickly reaches its limits when one attempts to explain when and under which circumstances, on the basis of antitrust law provisions, the enforcement possibilities of intellectual property law are to be limited. Most notably, the methodological challenge presents itself in predicting the impacts of a behaviour on dynamic innovation and market processes. In this respect, the Institute's more practiceoriented research on the interface between antitrust law and IP law as well as on innovative competition leads repeatedly to methodological fundamental questions.

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