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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

 

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

 

Justifications for granting intellectual property protection may be derived from various theories or explanatory models, which reflect philosophical, socio-political and economic convictions. The same holds true for the closely related question as to the appropriate scope of protection. However, not all models are equally convincing in terms of their explanations for the fact that protection is conferred and of its precise design. In particular, the suitability of a model to explain intellectual property protection will depend on the type of right and the context relevant to the protection (e.g. the incriminated acts of infringement).

Generally, models inspired by Romantic thinking and natural law are of late on the retreat, as are explanations purely focussed on a protection of investments on the part of the rightholder and their amortisation. Instead, a differentiated approach to intellectual property protection based on the functions (in unfair competition law: values) of protection is increasingly on the advance. According to that approach, both the conferral of protection and its scope must be measured against the beneficial effects of protection for society (including economics). According to this thinking, for example, incidents where patent protection is deemed merely to perpetuate outdated business models instead of fostering innovation would be in need of correction. The same would be true in terms of the creativity-enhancing effects of copyright law or in terms of the effects of trademark law for preserving the structure of the market and fair competition. Equally relevant for the design of intellectual property protection, however, are general public interest objectives, such as environmental protection, public health and nutrition, sustainable development, etc.

The Institute's research on the functions, objectives, values and evaluation criteria in intellectual property protection seeks to question existing justification models for protection and to develop alternatives answering to contemporary challenges to protection systems on both the European and international levels. These alternative models form a benchmark to determine the appropriateness of given intellectual property norms (or their absence) in terms of the incentives set for users. To this end, a general framework to structure and order the functions and values vested in intellectual property needs to be developed. At the same time, that framework must be applied as accurately as possible to specific problems arising under certain types of rights or in certain economic contexts. In the absence of such concrete instances of application, the accuracy of the initial benchmark assumptions could not be tested. Our Institute is best-suited to deal with these questions not only due to their fundamental dogmatic character, but also because of the professionally diverse and highly qualified personnel base gathered here, which allows us to conduct research in cross-connected cooperation and teams and thus in a manner adequate to the challenges posed by this complex topic.

Projects

Dissertation
Intellectual Property and Competition Law

Der rechtliche Schutz von Wirtschaftsgeheimnissen – Internationales, europäisches und nationales Recht im Vergleich

Luc Desaunettes

 
Dissertation
Intellectual Property and Competition Law

Der rechtliche Schutz von Wirtschaftsgeheimnissen – Internationales, europäisches und nationales Recht im Vergleich

Luc Desaunettes

 
Dissertation
Intellectual Property and Competition Law

Der Stoffschutz im Patentrecht – Ist der Patentschutz in Bezug auf Stoffe sachgerecht ausgestaltet?

Adrian Bienek

 
Dissertation
Intellectual Property and Competition Law

Grundelemente der Urheberrechtsentwicklung bei technologischem Fortschritt

Christopher Nagel

 
Funded publication
Intellectual Property and Competition Law

Hosting ISP’s role When Enforcing Copyright on the Internet

Jie Wang

 
Dissertation
Intellectual Property and Competition Law

Improving the Access to Medicines in Central Amercia: An Analysis of the Legislative Flexibilities

David Godoy

 
Dissertation
Intellectual Property and Competition Law

Know how as objects of shareholders’ contributions

Caterina Strippoli

 
Habilitation
Intellectual Property and Competition Law

Moral Rights of Authors: What’s the future for its legal situation?

Yalçin Tosun

 
Further research project
Intellectual Property and Competition Law

Multi-dimensional Analysis of Fundamental Categories in Trademark Law

Xuelong Peng

 
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

Patent Failures in Biomedical Innovation: Open Source Models as Complementary Mitigating Flexibilities?

Aura Bertoni

 
Dissertation
Intellectual Property and Competition Law

Protecting Personality Rights of local and indigenous communities: a case study of the Maasai

Eliamani Isaya Laltaika

 
Dissertation
Intellectual Property and Competition Law

Rebalancing incentive paradigm – In search of utility model protection for India

Anirban Mazumder

 
Dissertation
Intellectual Property and Competition Law

Schutzfähigkeit von Genmarkern in der Personalisierten Medizin

Jan Krusche

 
Funded publication
Intellectual Property and Competition Law

Software, Intellectual Property Rights and University

Paolo Guarda

 
Dissertation
Intellectual Property and Competition Law

Spezifische Schranke für Kreativmärkte – Kanada als Vorbild für Deutschland und die EU

Andrea Bauer

 
Dissertation
Intellectual Property and Competition Law

Strategizing the game plan of trade mark harmonisation: conflicts to co-existence of use

Neethu Rajam

 
Dissertation
Intellectual Property and Competition Law

Technics and Patent Law

Mathieu Dhenne

 
Dissertation
Intellectual Property and Competition Law

The Role of Patents and Intellectual Property Law in South Africa for Biotechnological Innovation Sustainable Development

Ugreson Maistry

 
Habilitation
Intellectual Property and Competition Law

The Role of the Modern Patent System in the Protection of Global Values: Environment and Health – a Comparative Study

Agnieszka Machnicka

 
Dissertation
Intellectual Property and Competition Law

The TRIPS Agreement and Low-carbon Technology Transfer

Wei Zhuang

 

Main Area of Research
Ceilings of Intellectual Property Protection

 

Main Area of Research
Acceptance of Intellectual Property Rights