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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

 

The field of sport is characterised by an increasing commercialisation, further intensified in particular by the interplay with media (TV and more recently the internet). To the extent in which athletes, sport associations, sporting event promoters, etc. create commercially utilisable performance results, so the academic significance increases regarding the topic of protection rights in the field of sport.

The possibilities of protecting athletic performances are manifold. Even though in practice commercially exploitable performances in the field of sport are often treated like an absolute right - e.g. a "licensing fee" required for their use - in reality such a legal position does not exist. So called "sport law" presents far more a cross section of material, which encompasses the legal protection possibilities of various areas of law.

The research work of the Max Planck Institute determines from this cross section of material the question if and under what limits an absolute protection of individual performance in the field of sport is or ought to be granted via intellectual property law, in particular through trade mark law, copyright law and utility model law. To be examined is whether and under which prerequisites specific performances can be protected against exploitation through unfair competition law (Act Against Unfair Competition), for example, through a prohibition against misleading or parasitic advertising. Ultimately, it must be asked whether an individual "performance protection right" for sporting events can be derived de lege lata from general clauses of unfair competition, or whether and under which conditions (e.g. an impending market failure) the creation of such rights appears appropriate de lege ferenda. On the other hand, it must be discussed whether existing structures in the field of sport provide cause for concern from the perspective of antitrust law.

These questions are viewed in particular from the perspective of ensuring freedom of competition and the maintenance of general population's interest in a public domain in the field of sport. Here, the approaches to be considered are manifold and include both IP law as well as unfair competition law and antitrust law. These are in particular to be derived from European primary and secondary legislation and comparative law.

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