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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

 

It is questionable whether the predominant competition economy as well as currently valid antitrust law are capable of adequately recognising the limitations of innovation competition, and/or whether and in which direction instruments of antitrust law should be further developed.

Antitrust law runs up against methodological difficulties when 'innovation competition' is placed at the centre of competitionrelated problems. Currently valid law is oriented both in terminology and concept toward existing markets. With the leitmotif of the 'more economic approach', the European Commission demands that competition analysis be oriented on the relevant market - meaning thereby the existing market. This is to be valid even when the concern is primarily focused on future markets. In this way, according to EU law the release of research and development agreements is made dependent on the market share of the contracting parties in relation to existing product and technology markets, even though businesses conducting research on the same technology are, under certain conditions, not competitors in current markets. Consideration of existing markets offers at best an approach to the necessary recognition of the competition problem. Furthermore, current antitrust law threatens to deny protection completely when the onesided behaviour of competitors is concerned. The reason being is that in this respect, a dominant position on existing markets is a prerequisite for an intervention of antitrust law. When the European Commission in its final report on the pharmaceutical sector inquiry of 2009 openly reflected on the antitrust law pursuit of defensive patent strategies, for example through the registration of blocking patents, it must also concede that an infringement of antitrust law can only be substantiated when the acting business already has a dominant position in a product or technology market. It must be obvious in this regard that the registration of blocking patents is no less dangerous when the registering and blocking business till then competes only in relation to research in certain therapy areas, without being a current competitor in the existing market.

Whereas one used to attempt to recognise the competition policy problem, primarily in the context of merger controls, through presumption of an 'innovation market', the most recent Horizontal Merger Guidelines of the USA from 2010 only speak of 'innovation competition'. Correspondingly, in the European guidelines on horizontal cooperation agreements from 2010, the concept of innovation markets has been replaced with 'innovation competition'. This can be explained by the fact that the presumption of an innovation market failed in the absence of transactions between suppliers and consumers. Far more, innovation competition involves a form of competition, which occurs outside of existing markets. Therefore, the fundamental question of the competitiveness and justification of the application of a marketrelated analysis for measuring limitations of innovation competition must be examined methodologically.

Projects

Further research project
Intellectual Property and Competition Law

Competition Law as Industrial Policy: a Comparative Analysis of Merger Control Remedies in Emerging Powers

Yi Shin Tang

 
Dissertation
Intellectual Property and Competition Law

The Cross-Border Enforcement of Unfair Competition Law in the B2B relationships

Ana María Ruiz Martín

 

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