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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

 

The established system of dividing intellectual property law into separate disciplines blurs the view of the increasing depth of differences between the individual elements within the discipline as well as of the common foundation upon which the various types of protection rights are either entirely or partially based.

The former is often, but not necessarily, the result of different market conditions, whose characteristics and impacts are examined primarily in the context of the research focus Intellectual property law and competition law - between the marketplace and regulation. The focus of this research area, on the other hand, is the systemic impact of such divergent conditions, in particular how differentiations which are appropriate for factual, economic reasons can be realised, without compromising the internal balance and sustainable operability of the entire system. To this end, a holistic view is required - contradictions and frictions in the system can only be avoided or corrected when, as the case may be, necessary adjustments are applied deeply enough to provide for a sufficient degree of flexibility to allow for case- or sector-specific solutions, while guaranteeing that the objectives and values which comprise the system's foundation in its entirety continue to govern, thereby preventing fragmentation.

The above-mentioned questions may involve the investigation of principles of substantive law, such as the development of a basic stock of "users' rights", which assert validity in all areas relevant to IP law (Charter of Users' Rights). Likewise of importance are, however, also methodological questions regarding the implementation of regulatory models, through which greater flexibility of protection systems in areas with a high demand for differentiation could be realised.

Projects

Dissertation
Intellectual Property and Competition Law

Der gutgläubige Erwerb geistigen Eigentums

Mathias Menzel

 
Dissertation
Intellectual Property and Competition Law

Missbrauch von Immaterialgüterrechten

Max Wallot

 
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

The legal impact of employment relationship on intellectual property rights

Eda Çataklar

 

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

 

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