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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

 

European Union procedural law is still in its inception. To date, norms of procedural law relating to intellectual property and competition law exist only in portions. These regulations concern the enforcement of intellectual property rights at the EU's external borders by customs authorities, the Directive on civil law enforcement of intellectual property rights and rudimentary rules regarding jurisdiction for existing Union-wide intellectual property rights and systems. Furthermore, with the Regulation on jurisdiction and the recognition and enforcement of decisions in civil and commercial matters, there exists an EU legal framework for certain questions of legal protection through the courts of Member States. In addition, legal protection under intellectual property and competition law is integrated within the general jurisdiction under EU law and the jurisdiction of the Court of Justice of the European Union.

The further development of procedural law within the EU and the development of coherent procedural law rules for intellectual property rights is a particular challenge for academic research. On the forefront is the establishment of unitary court systems for the civil law enforcement of Union-wide intellectual property rights. Such systems are an important element for the expansion of the internal market and for the promotion of the competitiveness of the EU. To this end, there exists a primary law basis in the Treaty on the Functioning of the European Union. The political aspects and complex legal issues connected with the introduction of such a court system were an essential reason that until now no Community or EU patent system has been realised. Also, the creation of a unitary jurisdiction for existing Union-wide intellectual property systems has failed due to these complex interests and legal positions. The Institute, therefore, pushes its research activities in this area with a particular project on unitary court systems for Union-wide intellectual property rights, which will develop the appropriate structures and procedures.

The Institute subjects the current state of harmonisation of civil law sanctions in case of infringements of intellectual property rights through the enforcement Directive to a critical analysis. In focus are the, as of now, insufficiently developed limitations to the enforcement of rights to prevent abuse by the right holders as well as the still missing implementation of civil law sanctions in the existing Union-wide intellectual property systems. Efforts towards harmonisation on the level of criminal law are also critically observed by the Institute.

Projects

Dissertation
Intellectual Property and Competition Law

Die Durchsetzung gewerblicher Schutzrechte in Deutschland und Italien. Eine rechtsvergleichende Untersuchung vor dem Hintergrund der Artikel 6 bis 9 der Richtlinie 48/2004/EG

Katja Lange

 
Dissertation
Intellectual Property and Competition Law

Private Durchsetzung des Kartellrechts, insbesondere die Problematik der Aktivlegitimation

Patricia Pérez Fernández

 
Dissertation
Intellectual Property and Competition Law

Remedies under Articles 7 and 9 Regulation 1/2003: Market design powers of the Commission?

Korbinian Reiter

 
Further research project
Intellectual Property and Competition Law

The EU Piecemeal Approach to Harmonization of Procedural Rules in IP and Competition Law. The Embryo of an EU Acquis of Civil Procedure?

Marco Botta, Dr. Axel Walz, Prof. Josef Drexl

 
Dissertation
Intellectual Property and Competition Law

Verfahrensprinzipien des Einheitlichen Patentgerichts

Florian Paschold

 

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