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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

 

The pharmaceutical industry is characterised in particular by a high intensity of research and a high market value of the resulting products. This is rooted both in the value of medicines for an individual's health as well as their social significance. In order to satisfy these requirements and the resulting demand for effective medicines, pharmaceutical companies geared toward profit maximisation invest significant sums in research and development.

The development process of new medicines from the initial research phase through to various test series up to the approval of a new medicine by public health authorities takes on average 12 years and is very complex, expensive and above all connected with risks which cannot be ignored. On average, only one of approx. 10,000 potential active ingredients successfully makes it past the development phase through to marketability. From an economic perspective, pharmaceutical companies require incentives in order to take on the costs and risks of a research project. The prospect of a patent and the resulting market power, which promises high - in part monopolistic - profits, plays a central role. With this backdrop in mind, of particular importance is the promotion of research into medicines for which there is no lucrative market as these fight neglected (infectious) diseases which occur primarily in poorer countries.

A danger exists for the pharmaceutical industry that during the 20-year-term of patent protection, "me-too" products may appear on the market, which could undermine the manufacturer's market position of the original compound, and/or that subsequent to the expiration of patent term, copies of the active ingredient (generics) may take market share away from manufacturers. How incentives for R&D may be maintained and steered in a socially responsible way, without producing socially harmful overprotection, represents a central problem area for legal and economic research. Cause for concern is also provided by abusive behaviour from the "one-size-fits-all" problematic in patent law, from the broadly discussed issue of "patent trolls", as well as the "anticommons" problem in biomedical sciences, which may lead to a suboptimal level of innovation.

Projects

Dissertation
Intellectual Property and Competition Law

Anwaltswerbung zwischen Markt und Regulierung in Deutschland, England und der Europäischen Union

Matthias Ringer

 
Dissertation
Intellectual Property and Competition Law

Compulsory licence on patented pharmaceuticals in Thailand, Brazil and India

Vu Van Anh Vu Le

 
Further research project
Intellectual Property and Competition Law

Data information as a new subject matter of IP -- What can China learn from Europe?

Wentao Zhang

 
Dissertation
Intellectual Property and Competition Law

Der Parallelhandel mit Arzneimitteln im europäischen Binnenmarktrecht

Johanna Müller-Graff

 
Dissertation
Intellectual Property and Competition Law

Designing a Sui-generis Regime of Access to Clinical Trial Data in the Context of Competition in Innovation in the Pharmaceutical Industry

Daria Kim

 
Further research project
Intellectual Property and Competition Law

Enforcing Chinese Antimonopoly Law in the Internet Industry: The case of Baidu.com, the “Chinese Google”

Dr. Zhongmei Wang, Thomas Hoffmann

 
Dissertation
Intellectual Property and Competition Law

Ensuring access to published research: in search for a principled and feasible approach

Dr. Valentina Moscon

 
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

Lifecycle Management im Arzneimittelsektor – zur Kritik des Evergreening

Nina Schäffner

 
Dissertation
Intellectual Property and Competition Law

Second Generation Patents in Pharmaceutical Innovation

Hyewon Ahn

 
Further research project
Intellectual Property and Competition Law

The Patent Act and The Development of Stem Cell Research in Indonesia (Is A Patent System The Only Legal Instrument To Develop Stem Cell Research?)

Tomi Suryo Utomo

 
Dissertation
Intellectual Property and Competition Law

Verträge über die Nutzung von Software – die schuldrechtliche Einordnung des Softwarevertrags aus rechtsvergleichender Perspektive

Fabian Hafenbrädl

 

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

 

Main Area of Research
Ceilings of Intellectual Property Protection

 

Main Area of Research
Acceptance of Intellectual Property Rights