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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

 

The creation of Union-wide intellectual property rights, which would have unitary legal effect throughout the entire territory of the European Union, has been at the top of the EU agenda since the beginning of European integration. Article 118 of the Treaty on the Functioning of the European Union has established an independent institutional framework for Union-wide intellectual property systems. Accordingly, European intellectual property rights providing uniform protection throughout the Union may be introduced through the ordinary legislative procedure for the purpose of the establishment and functioning of the internal market. Decisions on the language regime for these intellectual property rights require unanimity.

Until now four Union-wide intellectual property systems have been established: in 1992 the system for the protection of geographical indications and designations of origin for agricultural products and foodstuffs; the Community trade mark system, in existence since 1994 and administratively in force since 1996; the system for the Community protection of plant varieties introduced in the same year; and the system for Community designs, instituted in 2002. Until now, a Community or EU patent system has not been realised. The initial plans on the part of the European Commission for a Union-wide copyright were published in 2011. In the same year, the European Commission raised the issue of a Union-wide system for the protection of geographical indications of industrial products.

All of these Union-wide intellectual property systems and questions related therewith are in the focus of research undertaken in the Institute. A key question in this regard is the relationship between these Union-wide systems and the national intellectual property systems and provisions on the protection of intellectual property rights. A uniform or one-size model for the optimal arrangement of these relationships does not exist. Concepts for coexistence must be developed individually for each EU intellectual property system. The topic of coexistence assumes a central role in the related work at the Institute. Here, positions are also taken concerning politically relevant questions. In the current debate on the distribution of an amount equivalent to 50 percent of the renewal fees for Community trade marks to the Member States, the Institute has put forth concrete suggestions in the context of its Trade Mark Study for the European Commission.

Particular legal questions are raised with respect to those Union-wide intellectual property systems which base protection not on purely objective criteria such as in patent law or copyright law, but rather on the opinion of consumers, as in the case of trade mark law. In an EU territory with currently 27 Member States and 22 official languages, this often leads to territorial problems that can affect the requirements, the extent or the limitations of protection. The Institute also develops solutions to these problems. In addition, questions of jurisdiction in connection with EU intellectual property systems form an area of research on which the Institute takes position. Due to their significant importance, these questions are handled in a separate research focus Procedural Law.

Projects

Dissertation
Intellectual Property and Competition Law

Die urheberrechtliche Haftung von Intermediären im Rechtsvergleich.

Laura Jones

 
Dissertation
Intellectual Property and Competition Law

Die Verbrauchergeneralklausel des UWG

Achim Spengler

 
Dissertation
Intellectual Property and Competition Law

Die Verwertungsrechte in der digitalen Welt. Eine urheberrechtliche Untersuchung unter Berücksichtigung des französischen, deutschen und europäischen Rechts.

Lisa Heinzmann

 
Dissertation
Intellectual Property and Competition Law

Enforcing EU Marks in Court – How ‘Unified’ is the System? Legal Analysis Based on Empirical Data

Panagiota Geraka

 
Dissertation
Intellectual Property and Competition Law

EU Legal Protection of Computer Programs from Chinese Perspective

Jiong He

 
Intellectual Property and Competition Law

The Intellectual Property Rights on Distinctive Signs in the European Union and Ukraine

Valentyna Kryzhna

 
Habilitation
Intellectual Property and Competition Law

Unlautere Geschäftspraktiken und Zivilrecht

Dr. Alberto De Franceschi

 
Further research project
Intellectual Property and Competition Law

Zukünftige Perspektiven der geografischen Angaben

Dr. Natale Rampazzo

 

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