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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

 

Entrepreneurial behaviour extends beyond national borders, whereas the law often continues to be bound in the shackles of national sovereignty. In spite of decades of reflections on law and globalisation, this discrepancy has not essentially disappeared. An increasing number of States have instituted antitrust regulations which, for the most part, correspond to US and EU law. In a global context, however, this has resulted neither in a resolution of tensions from the parallel application of antitrust laws nor in binding rules. Only on the regional level, specifically in the EU, have effective harmonisation and cooperation mechanisms been established. On the international level, convergence can be observed, eased through the International Competition Network.

From an economic perspective, the discussion on a global antitrust law arrangement was enlivened by, amongst others, the Draft International Antitrust Code, which was produced with essential contributions by members of this Institute. Research on international antitrust law has since been promoted by comparative law studies and specific works on international law. Members of the Institute regularly work together with international organisations and advise lawmakers and competition authorities. In this activity, the specific interests of developing countries play a special role.

In the research area "Global Competition Order", two research approaches are pursued. In the first, the development of international cooperation between competition authorities is supported. The objective is to suggest solutions for the current problem of parallelism of antitrust law regimes. Here, procedural issues stand in the forefront. Important tendencies include private enforcement or the criminalisation of antitrust law which, in an international context, raise new questions. In addition, the Institute's research is targeted at identifying the common bases of antitrust law in various jurisdictions. It is important in this regard to respect different contexts and cultures, without losing sight of economic insights and the core of competitive thinking. This is not a one-way-street: For established Western antitrust law regimes, international exchange may also mean to be open for the concepts of others.

If procedural and normative foundations are laid, the goal of a global competition order is at hand. The globalised economy would be accompanied by a globalised legal order. Antitrust law, as the "cornerstone" of the market economy and as an area of law with an impressive academic consensus, is predestined to lead the way to such an understanding. The first step is the preparation of internationally binding normative measures for the evaluation of both entrepreneurial behaviour as well as antitrust laws and institutions.

Projects

Further research project
Intellectual Property and Competition Law

Copyright, Competition and Development

Prof. Dr. Josef Drexl, Doreen Anthony, Dr. Mor Bakhoum, Filipe Fischmann, He Kan, Daria Kim, Dr. Kaya Köklü, Julia Molestina, Moses Muchiri, Dr. Sylvie Nérisson, Souheir Nadde-Phlix, Dr. Gintarė Surblytė, Dr. Silke von Lewinski

 
Dissertation
Intellectual Property and Competition Law

Fusionskontrolle in China

Tingting Zhao

 
Dissertation
Intellectual Property and Competition Law

Merger Regulation in Sub-Saharan Africa: What is the Suitable Regime?

Vincent Angwenyi

 
Funded publication
Intellectual Property and Competition Law

Pharmaceutical Mergers and their Effect on Access and Efficiency: A Case of Emerging Markets

Vikas Kathuria

 
Dissertation
Intellectual Property and Competition Law

Strafrechtliche Verantwortung von Individuen im internationalen Kartellrecht – Kartellstrafen als Quelle internationaler Verwerfungen

Patrick Hildebrandt

 
Dissertation
Intellectual Property and Competition Law

The influence of EU Competition law on the Moroccan competition law.

Amine Mansour

 
Dissertation
Intellectual Property and Competition Law

The Interface of Competition Law and Industrial and Development Policy – The Case of South Africa

Balthasar Strunz

 
Dissertation
Intellectual Property and Competition Law

The Law of Unilateral Restraints and Market Dominance in Sub-Saharan African Countries: Case Study of South Africa, Zambia and Ethiopia

Zecharias Fassil Berhe

 
Funded publication
Intellectual Property and Competition Law

Verbraucherdatenschutz: Deutsche Erfahrungen für China

Dr. Ge Jiang

 
Further research project
Intellectual Property and Competition Law

Voluntary licensing for life-saving drugs: Innovative access oriented buisness model or diluting trips flexibilities?

Nisha Gera

 

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