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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

 

The music market finds itself in a period of transition worldwide, in which partially serious conflicts between the interest groups concerned can be observed. For years, the recording industry has suffered continually sinking profits, which they see as primarily deriving from an increasing incidents of piracy. In order to reverse this negative trend, they therefore vehemently demand new and more efficient methods of law enforcement. Consumers, on the other hand, complain that new technological methods of music sales - in particular with respect to the use of musical works on the internet - have not been sufficiently utilised by the industry and/or that the prices demanded for access remains too high. They conclude that this is the result of insufficiently functioning competition. And even online content providers who are steadily gaining in importance (such as YouTube, Facebook, etc.) are directly affected by changes in the music market. Notably, collecting societies and/or right holders demand not only higher royalty payments, but also stricter control responsibilities on the part of providers against the provision of unauthorised music by individual users. Providers, on the other hand, see their business model as such - and therewith technological progress from the internet - endangered by such demands.

Even though the problems of the music market as described are in no way merely national or European, but rather international in scope, it is obvious that the impact of these changes is not the same everywhere. For example, in the USA, the music industry - in particular through increasing income from digital music sales - still appears to be in a good position; whereas, the European music industry, in spite of a potentially larger number of users with respect to these new technologies - clearly lags behind.

The reasons for this are manifold. In particular, within the EU, sector-specific structural problems can be recognised (e.g. territorial licensing), which hinder the functioning of the music market. These structural problems affect both intellectual property aspects as well as competition aspects, and lead to the question of whether the existing structure of regulations, in particular in the light of support from and access to creativity, provides at all the appropriate incentives for those concerned, or whether through limitations and/or modifications of copyright law or through means of antitrust law, a more efficient market order in the "music" area could be created compared to the one in existence now.

The Max Planck Institute, in the research area "music market", intends to analyse, specifically through an interdisciplinary approach, market mechanisms and the interplay of involved institutions - including federal, quasi-federal (i.e. collecting societies) and private institutions - and to develop suggestions accordingly for optimising structural conditions of the market, in which the competitive ability of the EU within a global context must be an issue.

Projects

Further research project
Intellectual Property and Competition Law

A Comparative Analysis of Music Copyright Reform

Prof. Dr. Qi Xiong

 
Further research project
Intellectual Property and Competition Law

Copyright, Competition and Development

Prof. Dr. Josef Drexl, Doreen Anthony, Dr. Mor Bakhoum, Filipe Fischmann, He Kan, Daria Kim, Dr. Kaya Köklü, Julia Molestina, Moses Muchiri, Dr. Sylvie Nérisson, Souheir Nadde-Phlix, Dr. Gintarė Surblytė, Dr. Silke von Lewinski

 
Dissertation
Intellectual Property and Competition Law

Die Rechtfertigung der Leistungsschutzrechte des Tonträgerherstellers

Hajo Rupp

 
Dissertation
Intellectual Property and Competition Law

Evolutionary Theory, Copyright Jurisprudence and Innovation: Examining the path of secondary liability doctrine in the U.S. during the 2000s

Seth Ericsson

 
Dissertation
Intellectual Property and Competition Law

Musikurheberrecht im Zeitalter des Internets: Eine rechtsvergleichende Untersuchung des US-amerikanischen, deutschen und russischen Rechts

Nikita Malevannyy

 

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

 

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