Workshop  |  03.09.2021, 14:00  –  04.09.2021, 13:30

Intellectual Property Law-Making as Line (Re-)Drawing

Max Planck Law Teaching Session mit Daria Kim
(Registrierung erforderlich)

Die Veranstaltungssprache ist Englisch.

Policy- and law-making in the field of intellectual property (IP) is essentially about drawing a line between non-excludable and excludable, free or subject to remuneration, use of results of human intellectual activity. The rationales for such boundaries stem from various theories about innovation, creativity, and social wellbeing.  The question of where to draw a line thus becomes a matter of balancing competing interests and policy objectives.Policy- and law-making in the field of intellectual property (IP) is essentially about drawing a line between non-excludable and excludable, free or subject to remuneration, use of results of human intellectual activity. The rationales for such boundaries stem from various theories about innovation, creativity, and social wellbeing.  The question of where to draw a line thus becomes a matter of balancing competing interests and policy objectives.

The workshop will explore the challenges of this exercise and illustrate them by initiatives of the European Commission in the field of EU IP law. It will stimulate participants to view IP law and policy as a “work in progress,” rather than being “cast in stone,” and to think critically about how IP frameworks might be improved.

3 September 2021 – 14.00 to 17:30

  • Theoretical foundations of IP law
  • Critical perspectives on IP

4 September 2021 – 10.00 to 13.30

  • IP policy levers
  • IP law from a law-in-social-context perspective

In-person if possible or hybrid format

Enrollment: Maximum 25 Participants

Please register by 17.00 CET on 3 July 2021.

Webpage of Daria Kim

Workshop  |  09.06.2021, 09:30  –  10.06.2021, 16:00

IP Laws’ Game Changers? The Cases of IoT and AI Technologies

Max Planck Law Teaching Session mit Begoña Gonzalez Otero
(Registrierung erforderlich)

Begoña Gonzalez Otero
Begoña Gonzalez Otero

Die Veranstaltungssprache ist Englisch.

We are facing what some have described as a period of the most radical exponential change in human history. The overlapping emergence of new technologies, including the Internet of Things and Artificial Intelligence, point towards a disturbing scenario in which many of our well established certainties are broken into millions of pieces. Intellectual property is not immune to these challenges. As a tool to encourage innovation and competition in the marketplace, any intellectual property system should be aligned with the development of big-data, AI, and other hybridization technologies. But an intellectual property system also must contribute to sustainable development goals.

The course will examine in a holistic manner the impact emerging technologies and new hybrid technologies may have on intellectual property systems

9 June 2021
The first day will focus on the context of society and markets in which technological disruptions occur and will identify the main challenges of data-driven technologies to innovation and competition.

10 June 2021
The second day will look at the legal and policy challenges, rolling out the two cases (IoT and AI) across the IP landscape.

Participants are encouraged to think beforehand of one example about what they may consider an innovation in their field of expertise that has been motivated by the use of IoT or AI technologies.

In-person if possible or hybrid format.

Please register by 17.00 CET on 3 April 2021.

Webpage of Begoña Gonzalez Otero

Tagung  |  07.06.2021, 09:00  –  09.06.2021, 18:00

Munich Summer Institute 2021

Das MSI 2021 findet von 7. bis 9. Juni 2021 statt. Der Call for Papers wird Ende 2020 veröffentlicht. Das Programm wird im Frühjahr 2021 verfügbar sein. Mehr Informationen auf der MSI-Website.

Seminar  |  26.05.2021 | 14:00  –  15:15

Innovation & Entrepreneurship Seminar: Burying the Hatchet? How Competition Affects the Performance Benefits of Diversity

Giada Di Stefano (Bocconi University)

Seminare finden derzeit im Online-Format statt (siehe Seminarseite).

Abstract folgt.

Ansprechparterin: Lucy Xiaolu Wang

Seminar  |  19.05.2021, 15:00  –  16.05.2021, 16:15

Preview: Innovation & Entrepreneurship Seminar mit Otto Toivanen (Aalto University)

Seminare finden derzeit im Online-Format statt (siehe Seminarseite).

Ansprechparter: Rainer Widmann

Seminar  |  12.05.2021 | 17:00  –  18:15

Innovation & Entrepreneurship Seminar: Valuing the Vaccine

Lisa Larrimore Ouellette (Stanford Law School)

Seminare finden derzeit im Online-Format statt (siehe Seminarseite).

Abstract folgt.

Ansprechparterin: Lucy Xiaolu Wang

Seminar  |  28.04.2021 | 15:30  –  16:45

Innovation & Entrepreneurship Seminar: Women in Science ‒ Lessons from the Baby Boom

Petra Moser (NYU Stern)

Seminare finden derzeit im Online-Format statt (siehe Seminarseite).

How do children influence productivity, promotions, and participation in science? We investigate this question by analyzing biographies, patents, and publications for 82,094 American scientists in 1956, at the height of the baby boom. Output data indicate that mothers reach peak productivity in their mid 40s, nearly a decade after other scientists. Event studies of marriage show that mothers become more productive 15 years into marriage, when children are less work. Differences in the timing of productivity have important implications for tenure. Just 27% of academic mothers achieve tenure, compared with 48% of fathers and 46% of other women. Examining selection, we find that female scientists are more educated, half as likely to marry, one third as likely to have children, and half as likely to survive in science compared with men. While mothers who survive are positively selected, employment data indicate that a generation of baby boom mothers was lost to American science. (Joint work with Scott Kim)

Ansprechparter: Felix Pöge

Seminar  |  31.03.2021 | 15:00  –  16:15

Innovation & Entrepreneurship Seminar: Mapping Markush Patents

Stefan Wagner (ESMT Berlin)

Seminare finden derzeit im Online-Format statt (siehe Seminarseite).

Markush structures are molecular skeletons that contain not only specific atoms but also include one or several placeholders each representing a broad set of chemical (sub)structures. They are used by pharmaceutical companies to claim a large class of compounds without the necessity of writing out every fully defined single chemical entity in a patent application. (For instance, the Markush structures claimed within patent EP 0810 209 contain a total of 10^16 different compounds resulting from all possible permutations within the Markush structures.) After summarizing the ongoing policy debate regarding the use of Markush structures in patents, this paper provides first quantitative evidence regarding the use Markush structures in the pharmaceutical industry and their effects on important outcomes in the patent prosecution process.

Ansprechpartnerin: Marina Chugunova

Vortrag  |  23.03.2021, 14:00

MIPLC Lecture Series: Legal, Economic, and Technical Perspectives on Interoperability or How to Gain Normative Strength via Technical Determination by Law

Online-Vortrag, Dr. Begoña Gonzalez Otero und Jörg Hoffmann, Max-Planck-Institut für Innovation und Wettbewerb

Dr. Begoña Gonzalez Otero and Jörg Hoffmann

The talk will take place on Zoom. Please register here in advance: Registration

After registering, you will receive a confirmation email containing information about joining the meeting on Zoom.


In the current data access and sharing debate, data interoperability is widely proclaimed as being key for efficiently reaping the economic welfare-enhancing effects of further data re-use. Although we agree, we argue for a more holistic view on the notion of data interoperability. Neither law nor economics or technology have assessed the notion of data interoperability coherently and cannot do so straightforwardly.  There is no common understanding of the term interoperability. From a technical perspective, there are different enablers of interoperability, and interoperability counts with different degrees. From an innovation policy and innovation economics perspective, it is also not clear how to strike the right balance between excludability enabled by a lack of interoperability and the need of making data or systems (inter)-operable with each other and what role the legislature should play. Furthermore, merely outlining interoperability as an abstract legal obligation may lack normative strength. Antitrust remedies, data governance provisions, or data access rights need to reflect on the different technical concepts of interoperability and should also interpret the provision in light of the legislative rationale. This leads us back to traditional normative economic regulation theory and the question of when exactly and how data interoperability - also as a precondition to data quality – should be tackled by the legislature and how it can be effectively enforced. To this end, subjecting dominant online platform companies to additional interoperability obligations and stricter monitoring can be an effective approach to control the abuse of market power and is currently embedded or foreseen in the most recent Digital Laws in Germany and Europe  (10th Amendment of the German Antitrust Code (GWB)/ Digital Markets Act).  Moreover, under the Second Payments Services Directive (PSD2) certain innovative payment service providers may now claim real-time access via APIs to certain account information that must be interoperable in order to immediately initiate payments and foster e-commerce. However, such privilege may also create certain tensions with existent IP and Trade Secrets Laws. It should also be borne in mind the costs coming from data access regimes aiming for a cross-sectoral (horizontal) data interoperability, that is, addressing the „balkanization“ of data in specific sectors.

This lecture portrays the current policy debate pertaining to data access and interoperability while it provides a multidisciplinary analysis on the various aspects of the interoperability conundrum. It will also present some ideas as to how technical determination by law could gain normative strength.

SSRN publication

Speaker Info

Dr. Begoña Gonzalez Otero

Jörg Hoffmann

Other topic-related publications by the speakers

Seminar  |  17.03.2021 | 15:00  –  16:15

Innovation & Entrepreneurship Seminar: Flow of Ideas: Economic Societies and the Rise of Useful Knowledge

Erik Hornung (Universität zu Köln)

Seminare finden derzeit im Online-Format statt (siehe Seminarseite).

In this paper, we argue that economic societies, established during the eighteenth-century, contributed to industrialization through the diffusion of new ideas generated during the Scientific Revolution in Europe. Local societies functioned as catalyst for the translation of scientific knowledge into useful knowledge and the diffusion to interested parties. We test this hypothesis by combining information on more than 3,300 society members from the membership lists of all active economic societies in the German lands with several measures of innovation and upper-tail human capital. We find a robust positive relationship between the local member density and the number of valuable patents, exhibitors at world fairs, and highly-skilled mechanical workers. We further show that grid-cell pairs with members from the same society show a higher technological similarity. We interpret this as evidence that economic societies generated information networks which fostered spatial knowledge diffusion and shaped the geography of innovation.

Ansprechpartner: David Heller