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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

 

The territorial conception of national and international intellectual property protection faces global challenges. According to the principle of territoriality, the scope of protection of an IP right is limited to the territory of the State where the right is granted. Thus different, and from each other independent, national and regional protection rights which are subject to different legal regimes may exist alongside each other on the same immaterial good. The principle of territoriality forms the basis for both national and regional IP laws as well as multilateral conventions on intellectual property protection and can therefore be considered an internationally recognised principle structuring the protection of IP rights.

Two functions may be ascribed to this principle: one of justification, and one of limitation. Territoriality justifies, for example, exclusive jurisdiction of the authorities of the granting State with respect to questions related to the existence and validity of an IP right or special jurisdiction of the courts of the State where the infringement occurs for infringement proceedings. On the other hand, territoriality requires the connecting factor deciding on the conflict-of-laws and the substantive law to be applied to present a sufficiently close connection to the territory of the State that has granted the IP right.

Due to the possibilities of worldwide communication and trade and, as a result, the increase of multi-territorial IP cases, the principle of territoriality is coming under increasing pressure of justification. In this regard, one observes that certain results deriving from its function are not in line with the parties' interests, such as party autonomy and legal certainty, or IP-specific interests. Further, in the attempts to justify territoriality, one observes a shift from a strict understanding of sovereignty toward an emphasis on the economic, social and socio-political dimension of IP law, which is based on a locally determined balance of interests.

With this background in mind, adequate means of directly or indirectly remedying the principle of territoriality need to be found. As direct means of remedying territoriality, the possibility of consolidation, on the conflict-of-laws level, through the application of a single law to multi-territorial licensing or infringement scenarios, or, on the substantive law level, the requirement of substantial effects having occurred in the country of protection in order to find for an infringement there may be considered. As indirect means of remedying territoriality one can consider an intensified harmonisation of national IP laws, and, ultimately, the creation of at least regionally unified IP laws.

Projects

Habilitation
Intellectual Property and Competition Law

Die grenzüberschreitende Verletzungen ausschließlicher Rechte: moderne Entwicklungen der Kollisionsrechtliche Regelung in Russland im Vergleich mit der EU, der Schweiz und den USA

Dr. Svetlana Krupko

 
Dissertation
Intellectual Property and Competition Law

Eine rechtliche und technische Einführung in Cloud Computing mit vertiefter Behandlung urheberrechtlicher Fragen

Anna Giedke

 
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

Jurisdictional Issues in Perspective: Close Connection and Competence in the Context of the Unified Patent Court

Taiana Guizardi

 
Funded publication
Intellectual Property and Competition Law

Justifying overriding mandatory rules in copyright law

Ivana Kunda

 
Dissertation
Intellectual Property and Competition Law

Kollektive Rechtewahrnehmung und Erweiterte Kollektive Lizenzen

Felix Trumpke

 
Dissertation
Intellectual Property and Competition Law

The effect of Trademark Rights on the East African Common Market – concocting an Appropriate East African Community Trade Mark Model based on the European Trade Mark System

Niteleka Jaconiah

 

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