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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

 

The globalised and digitised knowledge society is to a large extent dependent on those systems, which provide incentives for creativity and innovation. Intellectual property protection accords innovative entrepreneurs an economic benefit by limiting competition. A protected innovator has thereby ex ante a greater incentive to invest in research and development than in a system without legal protection.

In this connection, interference through legal norms may, according to an ever more popular perception, only occur there where competition alone proves incapable of achieving certain desirable results. With respect to IP law, it must therefore be verifiable that no sufficient incentives are provided through competition mechanisms alone, to carry out investments required for the development of new IP goods. In this connection, copyright law takes on an important incentive function, for example, in the music and film markets. Concerning the incentive function of patent law, there is the problem of underinvestment in research and development for medicines against neglected diseases such as malaria and tuberculosis, which gives cause for concern.

The question to what extent within the context of so-called "incentive theories" incentives can be created and/or are necessary - or visa versa: under which conditions legal protection leads more to an innovation hindrance rather than to the promotion of innovation - is beyond the scope of legal scholarship. In particular, the connections between sequentially functioning innovation processes cannot be processed according to legal dogma. This is why legal scholars are therefore dependent on insights from the field of economics.

Both on the level of solely jurisprudential research in the area of IP law as well as in the area of legislation, it has till now been admittedly neglected that evaluations of effectiveness and efficiency regarding implemented legal systems may only be conducted on the basis of interdisciplinary - namely economic - empirically shaped research. No definite conclusion may be attempted from a purely legal theoretical perspective regarding the arrangement of measures for the promotion of innovation. The optimisation of results can, therefore, only be expected within the context of legal economic fundamental research.

Projects

Dissertation
Intellectual Property and Competition Law

Competition Structure of IP Market – Analytical Framework for Assessment

Dong Tao

 
Dissertation
Intellectual Property and Competition Law

Intellectual Property Rights and the Financing of Technological Innovation

Carl Benedikt Frey

 
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

Promoting Sustainable Innovation in Plant Varieties: The Case of Pulses Seeds in India

Mrinalini Kochupillai

 
Dissertation
Intellectual Property and Competition Law

Second Generation Patents in Pharmaceutical Innovation

Hyewon Ahn

 
Funded publication
Intellectual Property and Competition Law

Sector-specific implications of policy-induced changes of patent protection

Malte Mosel, Prof. Dr. Michael Pflüger; Prof. Dr. Dietmar Harhoff

 
Dissertation
Intellectual Property and Competition Law

The patentability of financial products

Marco Bellia

 
Dissertation
Intellectual Property and Competition Law

Upstream-Patents in Nanotechnology. A Comparison between Europe and the US

Marius Fischer

 

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