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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

 

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

 

The enforcement of intellectual property rights and competition law in the European and international contexts faces the problem of a lack of cross-border structures for enforcement. Accordingly, an effective enforcement of claims presently requires a coordination of all the jurisdictions involved. In that process typically, frictional loss occurs. Such frictions curb the effectiveness of enforcement, raise the hurdles for enforcement on the part of parties (or agencies) and can, with respect to intellectual property law, decrease the economic value of rights.

Examples here include frictional losses due to an inaccurate distribution of jurisdiction between national courts, due to defects in the recognition and enforcement of foreign judgements, due to differences in the scope of claims and procedural remedies between States or due to errors in the application of foreign laws. These frictions in the sphere of enforcement risk implicit modifications of the scope of rights laid down in substantive law in terms of frustrating or inflating that substantive scope.

The objective of the Institute's research on structural issues of law enforcement is to study enforcement deficits arising in the interplay of different jurisdictions and to work out solutions. This alludes to improvements to coordination norms or to an increase in the regulatory density of those norms, furthermore to a harmonisation of laws on the international or European levels or to alterations of the fresh setup of institutional enforcement structures. In addition, any other possible solutions may be assessed, such as non-cogent or non-state enforcement mechanisms.

It is particularly fitting to conduct this study at our Institute, since the questions posed here are of a fundamental nature and since solutions must be developed against a background that is not biased in favour of a specific outcome, of specific actors or the like. The importance of uncompromising neutrality in the development of solutions in particular is evidenced in the back and forth of discussions over the creation of a European patent court, where sector-specific, political or systemic bias has repeatedly marred plans. Furthermore, it is imperative that a comprehensive perspective is taken on for the study of enforcement issues, which stretches across all types of intellectual property and extends into neighbouring areas of law (such as unfair competition, etc.). The Institute is best suited to accommodate these requirements owing to the heterogeneous competences assembled here.

Projects

Further research project
Intellectual Property and Competition Law

A Judicial Approach to Curtailing the State-Initiated Monopoly in China ---- with reference to the EU’s experience

Xue Gan

 
Dissertation
Intellectual Property and Competition Law

Actions of damages on behalf of a competitor according to European Competition Law in the light of German and US Antitrust Law

Daphne Koutsouki

 
Further research project
Intellectual Property and Competition Law

Comparative Study on Collective Redress in Competition and Consumer Protection Law between EU and China

Dr. Xiaoliang Fan

 
Dissertation
Intellectual Property and Competition Law

Die internationale Zuständigkeit für Schadensersatzklagen gegen Weltkartelle – Koordination der Gerichtspflichtigkeit in Europa und den USA

Jonas Steinle

 
Dissertation
Intellectual Property and Competition Law

Die Rechtsstellung der Verwertungsgesellschaften und die Rechtsbeziehungen zwischen Verwertungsgesellschaften, Rechtsinhabern und Nutzern im deutschen und im chinesischen Recht.

Tao Li

 
Funded publication
Intellectual Property and Competition Law

Intellectual Property Law in Nigeria (2nd edition)

Folarin Shyllon

 
Dissertation
Intellectual Property and Competition Law

Modernes Filesharing: Störerhaftung und Auskunftspflicht von Anonymisierungsdiensten

Felix Scheder-Bieschin

 
Dissertation
Intellectual Property and Competition Law

Private Durchsetzung des Wettbewerbsrechts aus rechtsvergleichender Sicht: Europäische Union, Deutschland und China

Yukun Xiao

 
Dissertation
Intellectual Property and Competition Law

Towards a real compensatory policy for illegal monopolistic behaviour

Gustavo Andrés Martín Martín

 
Dissertation
Intellectual Property and Competition Law

Verantwortlich, nicht haftbar: die Unterlassungsansanordnungen gegen Vermittler

Martin Husovec

 

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