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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

 

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

 

Disputes do not necessarily have to be decided by formal litigation. It is not at all uncommon that parties to a contract agree to settle their differences by means of alternative dispute resolution. Occasionally, the initiation of such proceedings is even prescribed by law or ordered by a court. In such cases, a third-party expert is commissioned to resolve the conflict. Only if this fails can official recourse to an ordinary court be undertaken. The nature and binding character of the alternative dispute resolution depends on the function of the "judge" who intervenes between the parties. This extends from simple facilitation of resolution processes (mediation), to suggestions for conflict resolution (conciliation), up to the imposition of binding (inter partes) resolutions on the factual and legal situation of the dispute (arbitration).

Due to the principle of territoriality, cross-border disputes in the area of intellectual property regularly involve various jurisdictions, which may lead to high costs, protracted disputes and divergent decisions. The resulting hurdles for the enforcement of rights, in particular for small and medium-sized businesses, are often insurmountable. Under these circumstances, alternative dispute resolution mechanisms offer a quick and flexible alternative, making possible confidential and informal conflict settlement. On the other hand, disputes involving intellectual property rights often exhibit a direct correlation to the granting act, which is not subject to control through instances outside the ordinary jurisdiction. In addition, erroneous decisions of dispute settlement bodies are often subject to only limited appeal, in particular where the parties waive their right to be heard before an ordinary court.

Whether the peculiarities of intellectual property and competition cases are suitable for alternative dispute resolution is a matter of ongoing discussions. These discussions concern not merely legal policy and institutional questions, but also practical aspects. Whether or not alternative dispute resolution mechanisms will take hold in intellectual property and competition matters depends primarily on their adaptation to the specific requirements in these fields. It is therefore up to basic research to examine the suitability of existing mediation, conciliation and arbitration concepts and, where necessary, to conceive appropriate models for their further development.

Projects

Dissertation
Intellectual Property and Competition Law

Die objektive Schiedsfähigkeit von Immaterialgüterrechtsstreitigkeiten: Bestandsaufnahme und Rechtsentwicklungsperspektiven

France Caroline Vehar

 
Dissertation
Intellectual Property and Competition Law

Mediation and the Out-of-Court Settlement of Disputes in Intellectual Property Law in Europe

Asako Wechs Hatanaka

 

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