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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

 

Does copyright law only exist to protect authors? Does patent law only exist to protect inventors? Or are there other interested parties worthy of protection with respect to the objective of promoting progress as well as the creation and dissemination of knowledge? The importance of these questions derives from the condition that the protection of works of literature and art and of technical knowledge takes place essentially in the form of exclusive rights - as the entitlement to exclude third parties from utilising the object under protection. Access to such through the respective granted rights, on the other hand, receives only little consideration.

There is no shortage of examples concerning the ensuing results. Due to copyright, works that are sold out are nowhere to be found in new editions or in the form of online publications. Likewise, due to copyright, not all music videos are viewable on internet websites such as YouTube. The insufficient supply of medicines for populations in developing counties is partially due to patent law. Furthermore, in certain technology sectors, a curbing of industrial research is recently feared due to patent protection, because truly capable businesses are confronted with a patent thicket that makes the risk of patent infringement appear too great.

The continual accumulation of a portfolio of protection rights and an insufficient limitation on the powers deriving from these rights, paired with the persistent dogma that legal protection rights are to be strictly applied to the disadvantage of third parties, hinders important flows of communication and adversely impacts the diffusion of knowledge. It behoves one to reconsider the scope of absolutely granted rights as well as the claims of users, to a certain extent and under certain conditions, to participate in the object of protection. There is little chance that a unified solution approach will appear; diverse constellations on the part of right holders and on the part of users cry out for differentiation.

For years, the MPI for Intellectual Property and Competition Law has concerned itself with such questions in the research area "Balance of Interests": How can the interests of users be incorporated in the enforcement of existing protection rights - whatever the objective of their consideration is - without losing the positive effects resulting from legal protection? Which legal instruments would have to be available in order to achieve a balance of interests? What would have to be envisaged on the international level (in the context of bilateral or multilateral agreements) in order to guarantee comparable cross-boarder legal status and security? How should national legal systems be structured concretely so that courts are placed in the situation of being able to sufficiently consider all involved interests?

Projects

Further research project
Intellectual Property and Competition Law

Balancing rights in the digital age: the case of copyright vs. personal data protection

Dr. Federica Giovanella

 
Dissertation
Intellectual Property and Competition Law

Das Recht am eigenen Bild: Eine rechtsvergleichende Untersuchung des deutschen und russischen Rechts

Viktoriia Muzhanova

 
Dissertation
Intellectual Property and Competition Law

Designschutz nach Urheber- und Geschmacksmusterrecht im deutschen und im türkischen Recht

Salih Polater

 
Dissertation
Intellectual Property and Competition Law

Directive (EU) 2015/412 and Coexistence: Trends and Forecasts in European GM Plants Agriculture and Innovation

Dr. Juan Antonio Vives-Vallés

 
Further research project
Intellectual Property and Competition Law

Fairness and Efficiency: Balancing the Interests in the Protection of Audiovisual Performers’ Rights – against the background of the Beijing Treaty on Audiovisual Performances and the third revision of the Chinese Copyright Law

Li Ma

 
Dissertation
Intellectual Property and Competition Law

Fehlende Balance? – Untersuchung dysfunktionaler Effekte bei der Durchsetzung von Immaterialgüterrechten

Peter R. Slowinski

 
Dissertation
Intellectual Property and Competition Law

Hosting ISPs’ Responsibility for Copyright Infringement on the Internet — A Comparison between the US, EU and China

Jie Wang

 
Dissertation
Intellectual Property and Competition Law

Kausalitätsabschlag und Verschuldenszuschlag beim Verletzergewinn

Adrian Kleinheyer

 
Dissertation
Intellectual Property and Competition Law

Kollektive Rechtewahrnehmung und Erweiterte Kollektive Lizenzen

Felix Trumpke

 
Dissertation
Intellectual Property and Competition Law

Lawyers’ Advertisement and Competition Law: How to Balance the Conflict between the Professional Codes of Conduct and the Liberations?

Jacopo de Luca

 
Further research project
Intellectual Property and Competition Law

Patent Declaration

Prof. Dr. Reto M. Hilty, Dr. Matthias Lamping, Prof. Dr. Annette Kur, Prof. Dr. Hanns Ullrich, Dr. Henning Grosse Ruse-Khan

 
Dissertation
Intellectual Property and Competition Law

Preliminary injunctions in European and US patent litigation

Arthur von Martels

 
Dissertation
Intellectual Property and Competition Law

Shaping Copyright Policies for online music sector in China

Kan He

 
Dissertation
Intellectual Property and Competition Law

Trade Secrets and Employee Mobility: in Search for an Equilibrium

Magdalena Kolasa

 
Dissertation
Intellectual Property and Competition Law

Transcending the Shortcomings of Open Innovation

Alina Wernick

 
Dissertation
Intellectual Property and Competition Law

Zur datenschutzrechtlichen Zulässigkeit von Preisdiskriminierung mit den Mitteln des Profiling

Klaus Wiedemann

 

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