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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

 

Antitrust law (the Act Against Restraints of Competition) and the law combating unfair competition (the Act Against Unfair Competition) are often described as the two basic laws of competition. This is accurate insofar as both pursue the objective of undistorted competition. What these two Acts have in common must not, however, conceal the fact that the individual regulatory approaches to achieve undistorted competition are different: while antitrust law strives for freedom of competition, the law against unfair competition concerns itself with the fairness of individual and, as the case may be, competitive acts that have a dysfunctional effect. Nevertheless, there are numerous points of overlap. For example, hindrance of a market player, in particular a competitor, may lead to both legal consequences of unfair competition as well as antitrust sanctions. The evaluation criteria are also coordinated with each other. Above all, the main term of the Act Against Unfair Competition "fairness" must be defined under consideration of the objectives of antitrust law.

It should be investigated, in particular, where an even stronger dovetailing of unfair competition law and antitrust law is appropriate, and/or where a better utilisation of the uniquely specific approaches could be applied in order to achieve the paramount common objective (undistorted competition). On the other hand, the specific advantages of each area of law must be examined, not only from the perspective of substantive law, but also in relation to the question of enforcement.

As both antitrust law as well as increasingly unfair competition law are regulated on the Community level, this evaluation must take place, in particular, against the background of European primary and secondary legislation - under consideration of the insights gained from a comparison of laws.

Projects

Habilitation
Intellectual Property and Competition Law

Das Verhältnis von Kartell- und Lauterkeitsrecht

Dr. Hasan Karakilic

 

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

 

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