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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

 

Intellectual property law and competition law stand as equal and necessary components of a dynamic legal and economic order in a close, yet not tension-free relationship to each other. In the area of intersection between both fields of law, the fundamental question is whether and, if so, under which preconditions intellectual property protection may be limited by competition law. On the one hand, it has to be borne in mind that the innovation promoting effects of IP law only unfold within the context of competition. On the other hand, by applying competition law on IPRs, account has to be taken of the intrinsic dynamic aspects inherent in them.

The cases shaped by IP law are numerous. Alongside the traditional questions of licensing of IPRs, competition law issues arise in such areas as e.g. "patent settlements" which primarily raise concerns over the restriction of price competition through possibly unjustified protection of rights. Particular challenges are presented by cases of exclusionary abuses. IPRs may be used as barriers to market entry, thereby keeping competitors off the market - for example, by refusing to grant access when the possibility to enter the market depends on access to a standard technology protected by IP law or otherwise. Furthermore, competition law concerns may arise not only when the IPRs are exercised, but also even prior to that - by granting protection. It has in the meantime been recognised by the European Commission that strategic patenting can lead to the hindrance of innovative effort (see also Competition in Innovation).

A common challenge for all cases in the area of intersection between IP and competition law is to find the applicable criteria which would bring the interests of competition and IP law into an appropriate balance. In this regard, finding a balance between price competition and competition on innovation as well as balancing the incentives to innovate of various market players has proven to be especially difficult - not least, due to the fact that the effects of a particular behaviour on innovation are very difficult to foresee. Likewise, the question arises as to whether or which existing theories of competition law are appropriate to be applied in order to foster dynamic competition and to protect markets against anticompetitive behaviour.

The Institute's research is yet not limited to resolving concrete cases. Rather, the particularities of cases shaped by IP law require a fundamental examination of the theoretical and methodological bases of competition law..

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

Deceptive Conduct before the Patent Office: Challenges for Patent Law and Competition Law

Eugenio Hoss

 
Dissertation
Intellectual Property and Competition Law

Der Parallelhandel mit Arzneimitteln im europäischen Binnenmarktrecht

Johanna Müller-Graff

 
Dissertation
Intellectual Property and Competition Law

Die FRAND-Verpflichtungserklärung gegenüber Standardisierungsorganisationen und ihre kollisionsrechtliche Behandlung

Claudia Feller

 
Dissertation
Intellectual Property and Competition Law

Perspectives of development of the competition law in the Visegrad Group countries (V4 – Slovak Republic, Czech Republic, Hungary, Poland) with the emphasis on the relationship of intellectual property rights and competition law

Barbora Králicková

 
Dissertation
Intellectual Property and Competition Law

Rechtsvergleichende Untersuchung des brasilianischen und europäischen Kartellrechts mit Schwerpunkt auf den Technologietransfer

Fernanda Forato Simon

 

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