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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

 

International intellectual property (IP) law faces complex challenges. The striving towards global harmonisation of national IP systems as one of its fundamental concerns is increasingly confronted by diverse approaches in a fabric of bilateral, plurilateral and regional IP treaties. These range from international investment- and free trade agreements (FTAs) to treaties on development aid to comprehensive regional integration systems. These different approaches have one thing in common: they create, via special rules extending beyond the multilateral standards, an increasing fragmentation of international IP law. Beyond this common denominator, one can distinguish the various agreements according to the contracting parties, their intentions, the substantive obligations and the broader context within which these agreements are created.

This plurality of motives, regulatory tools, actors and contents calls for an analysis of their impact on international IP law and its domestic implementation. For example, strengthened IP protection in an FTA is often a central concern of developed countries which is accepted by developing nations in exchange for market access preferences. Whether this trade-off is an economically sound one is hard to verify as the concrete impact of higher IP standards in a society is not yet well understood. A declared objective of so-called economic partnership agreements (EPAs) between the European Union and African, Caribbean, and Pacific (ACP) nations is the sustainable development and economic integration of these countries - as reflected in several general provisions. Whether these can have an actual impact on the interpretation and implementation of the often very concrete IP obligations in these agreements is an open question. Finally, States linked through common views or regions increasingly negotiate agreements which deal with the protection and enforcement of IP rights. The Anti-Counterfeiting Trade Agreement (ACTA), for example, was negotiated solely amongst likeminded nations - primarily with the purpose of setting a new 'gold standard' in the area of IP enforcement. A similar approach may soon be pursued amongst developing countries and emerging economies, which bundle common interests in order to create a counterweight to tendencies for ever stronger IP protection.

As a result of these developments, a complicated fabric of agreements has developed with different IP provisions and distinct institutional frameworks. This plurality makes international IP law considerably more complex - it however creates the unique opportunity to scrutinise the diverse set of IP provisions according to their suitability for a reform of the multilateral IP system.

Projects

Dissertation
Intellectual Property and Competition Law

Big Data, Databases and “Ownership” Rights in the Cloud: A New Contractual Framework

Marcelo Corrales

 
Dissertation
Intellectual Property and Competition Law

Improving the Access to Medicines in Central Amercia: An Analysis of the Legislative Flexibilities

David Godoy

 
Further research project
Intellectual Property and Competition Law

Patent Declaration

Prof. Dr. Reto M. Hilty, Dr. Matthias Lamping, Prof. Dr. Annette Kur, Prof. Dr. Hanns Ullrich, Dr. Henning Grosse Ruse-Khan

 
Further research project
Intellectual Property and Competition Law

Principles for Intellectual Property Provisions in Bilateral and Regional Agreements

Prof. Dr. Josef Drexl, Prof. Dr. Reto M. Hilty, PD Dr. Thomas Jaeger, Prof. Dr. Annette Kur, Dr. Kaya Köklü, Dr. Matthias Lamping, Souheir Nadde-Phlix, Dr. Henning Grosse Ruse- Khan, Dr. Mor Bakhoum

 
Dissertation
Intellectual Property and Competition Law

Promoting Innovations of SMEs through a Second-Tier Protection System in South Asian Economies - Exploring a Model for Sri Lanka

Nishantha Sampath Punchi Hewage

 
Funded publication
Intellectual Property and Competition Law

Protection of geographical indications in the context of world trade: dispute between the States of the "Old" and the "New" World

Dr. Sonja Lucic

 
Dissertation
Intellectual Property and Competition Law

The economic rights of the author in the digital environment

Galateia Kapellakou

 
Dissertation
Intellectual Property and Competition Law

The Enhancement of International Design Protection: Searching for Rationales and Appropriate Means

Natalia Kapyrina

 

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