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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

 

Due to the increasing overlap between different categories of intellectual property rights, the capacity of delimitation criteria traditionally employed to draw clear borderlines between the different areas has largely been lost. Protection objectives which originally were assigned to only the one or the other kind of exclusive right now pertain - more or less intentionally - also to other, adjacent areas. Thus, for example, protection of three-dimensional marks serves primarily the purpose to identify and distinguish the commercial source of goods and services, however, at the same time the protection serves, at least in an accidental way, to protect product shapes as such, thereby providing an incentive for differentiation of product appearances. Further, extensive overlaps occur between copyright law and industrial design protection and - though more exceptionally - between patent law and trade mark law. Similar constellations can appear in numerous other cases; for example, a partial overlap between patent and copyright law can occur in regards of protection for computer programs.

Here, as with other cases involving overlaps of intellectual property rights, the question must be posed as to whether it is indicated under the aspect of systemic coherency that the differences between the individual kinds of rights are to be emphasised (again) so as to re-assign them, to a certain extent, to their "original purpose". However, research should not be bound by the presumption that the current division of intellectual property rights into the various established disciplines is to be regarded as a given structural condition; rather, one should demand essential openness for the reconsideration of well-known categorisations (see also Exploring differences and commonalities in the intellectual property system). It must be further considered that the overlapping of rights concerning the same object will typically give rise to problems when this leads to inconsistent legal consequences, which as a rule derive from the insufficiently balanced content of one (or all) of the accumulated rights. Thus, in order to formulate solutions, a precise analysis of individual cases must be undertaken in which the system of protection as a whole must be constantly observed, and the interplay between all elements establishing protection - from the requirements to all aspects of the scope of protection concerning content and periods of time - must be considered.

Projects

Habilitation
Intellectual Property and Competition Law

Cumulative protection of designs in the intellectual property law

Dr. Anna Tischner

 
Dissertation
Intellectual Property and Competition Law

Designschutz nach Urheber- und Geschmacksmusterrecht im deutschen und im türkischen Recht

Salih Polater

 
Further research project
Intellectual Property and Competition Law

Harmonization between Copyright Protection of Works of Applied Art and Design Protection in China

Prof. Dr. Weijun Zhang

 

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