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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

 

Classical antitrust law is targeted against competitionhindering behaviour of businesses in existing product markets. However, businesses can seek to hinder competitors prior to the introduction of a product on the market and even in the creation of new markets through strategic behaviour. This concerns so called innovation competition.

In dynamic sunrise industries, it is innovation competition rather than price competition which stands in the foreground. Thus, competing pharmaceutical businesses that conduct research do not compete with each other in that they seek to win over new customers to purchase their products by offering lower prices, rather competition occurs primarily through investments in research and development. The more economically successful pharmaceutical business is the one that is better at positioning therapeutically superior medicines in profitable markets. Apple Inc. has elevated innovation competition to a integral component of its corporate philosophy in that it attempts to offer customers new IT devices ahead of the rest, which develop new markets through their functionality and design. In its position as recurring market leader, Apple succeeds in phases in freeing itself from price competition.

Innovation competition often stands in connection with intellectual property rights, as an innovative business regularly attempts to secure its investments through exclusive rights. However, in the context of the research focus "innovation competition" we are not primarily concerned with the application of antitrust law on the usage of IP rights. Far more, the behaviour potentially hindering innovation competition often lies even prior to the acquisition of protective rights.

A particular methodological problem arises with regard to innovation competition as to whether suitable results are at all achievable in regards to a marketoriented application of modern antitrust law as it has developed over the strong focus on price competition. Correspondingly, a close connection exists with the Institute's research on The methodological bases of antitrust law.

Belonging to the relevant case constellations are mergers of businesses that are not competitors in existing technology or product markets, but equally conduct research on the same future technologies, research and development agreements, strategic patent registration practices (e.g. the registration of blocking patents) through which the research efforts of other businesses are intended to be hindered or the distortion of decisionmaking processes in standardsetting organisations.

Projects

Dissertation
Intellectual Property and Competition Law

A Triple Balance between Access to Health, Individual Profit-Seeking and Economic Growth: the case of biopharmaceutical patents in Argentina, Brazil and India

Tilman Quarch

 
Dissertation
Intellectual Property and Competition Law

Anticompetitive innovation: the case of blocking patents

Gabriele Venskaityte

 
Further research project
Intellectual Property and Competition Law

Competition in Innovation: Strategies in the creation and exploitation of innovations in the light of Competition Law

Prof. Dr. Eugenio Olmedo Peralta

 
Further research project
Intellectual Property and Competition Law

Green Technology patenting and climate change politics: Examining the EU MAC Directive

Sujitha Subramanian

 
Dissertation
Intellectual Property and Competition Law

Patents in the Light of Antitrust Law (Patent Trolls, Patent Thickets and ohrer forms ob abusive exercise of the exclusive right)

Miriam Martínez Pérez

 
Dissertation
Intellectual Property and Competition Law

Promoting ‘Competition-in-Innovation’ through effective merger control in the ICT sector: A Transatlantic Study

Kalpana Tyagi

 
Dissertation
Intellectual Property and Competition Law

Protecting Innovation Competition in Merger Review: A Comparative Assessment of different Theoretical Approaches

Benjamin René Kern

 
Dissertation
Intellectual Property and Competition Law

Standard Setting Organizations, Regulation and Antitrust: Regulating the Private Regulators

Haris Tsilikas

 
Dissertation
Intellectual Property and Competition Law

When a Shield Becomes a Sword: Regulating Strategic Patent Infringement Litigation in the Context of Competition

Jinheng Feng

 

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