Shraddha Kulhari

Shraddha Kulhari

Doctoral Student and Junior Research Fellow

Intellectual Property and Competition Law

shraddha.kulhari(at)ip.mpg.de

Areas of Interest:

Legal Implications of the Data-driven Economy, Data Protection Law, Information Technology Law and Innovation, Constitutional Law, Digitization and Democracy

Academic Résumé

Since 2018
Doctoral Student and Junior Research Fellow, Max Planck Institute for Innovation and Competition
Supervisor:  Prof. Dr. Josef Drexl, LL.M. (Berkeley)

2016 – 2017
Master of Laws in Intellectual Property and Competition Law, Munich Intellectual Property Law Center (MIPLC)

2008 – 2013
Bachelor of Laws (Intellectual Property Law Honours), National Law University Jodhpur

Work Experience

2017
Legal Intern
Jones Day, Cyber Security and Privacy Law Team
Munich, Germany

2014 – 2016
Research Fellow
Intellectual Property and Trade Policy, Centre for WTO Studies, Ministry of Commerce
New Delhi, India

Scholarships and Academic Prizes

2018
Scholarship for Doctoral Research
Max Planck Institute for Innovation and Competition

2016 – 2017
Scholarship for the Master in Intellectual Property and Competition Law (LL.M.)
Deutschen Akademischen Austauschdienst (DAAD)

Memberships

  • Delhi High Court Bar Association
  • DAAD Alumni

Publications

Books and Monographs

Building-Blocks of a Data Protection Revolution: The Uneasy Case for Blockchain Technology to Secure Privacy and Identity (MIPLC Studies, 35), 1. ed., Nomos, Baden-Baden 2018, 62 pp. DOI

    Research Papers

    Artificial Intelligence and Intellectual Property Law - Position Statement of the Max Planck Institute for Innovation and Competition of 9 April 2021 on the Current Debate (Max Planck Institute for Innovation & Competition Research Paper, No. 21-10), 2021, 26 pp. (together with Josef Drexl et al.).

    • This Position Statement presents a broad overview of issues arising at the intersection of AI and IP law based on the work of the Max Planck Institute for Innovation and Competition research group on Regulation of the Digital Economy. While the analysis is approached mainly from a perspective de lege lata, it also identifies questions which require further reflection de lege ferenda supported by in-depth interdisciplinary research. The scope is confined to substantive European IP law, in particular, as regards copyright, patents, designs, databases and trade secrets. Specific AI-related issues are mapped out around the core questions of IP law, namely, the eligibility for protection under the respective IP regimes, allocation of rights and the scope of protection. The structure of the analysis reflects three key components of AI: inputs required for the development of AI systems, AI as a process and the output of AI applications. Overall, it is emphasised that, while recent legal and policy discussions have mostly focused on AI-aided and AI-generated output, a more holistic view that accounts for the role of IP law across the AI innovation cycle is indispensable.
    • Available at SSRN

    Opinions

    Position Statement of the Max Planck Institute for Innovation and Competition of 25 May 2022 on the Commission's Proposal of 23 February 2022 for a Regulation on Harmonised Rules on Fair Access to and Use of Data (Data Act), 2022, 124 pp. (together with Josef Drexl et al.).

    • On 23 February 2022, the European Commission issued a Proposal for a Regulation on harmonised rules on fair access to and use of data (Data Act). The overarching objective of the Proposal is to ‘ensure fairness in the digital environment, stimulate a competitive data market, open opportunities for data-driven innovation and make data available for all’. The Institute hereby presents its Position Statement that features a comprehensive analysis of whether and to what extent the proposed rules might reach the envisaged objectives. It comments on all parts of the Proposal, including the new IoT data access and use right. Finally, the Institute offers a set of recommendations as to how the proposed provisions should be amended in the legislative process to align them better with the objectives of the Data Act.
    • Position_Statement_MPI_Data_Act_Formal__13.06.2022.pdf
    • Also published as: Max Planck Institute for Innovation & Competition Research Paper No. 22-05

    Comments of the Max Planck Institute for Innovation and Competition of 11 February 2020 on the Draft Issues Paper of the World Intellectual Property Organization on Intellectual Property Policy and Artificial Intelligence, 2020, 9 pp. (together with Josef Drexl et al.).

    Courses

    Since 2017

    Basic modules (Copyright, Trademark law, Patent law) and certain elective courses

    Tutor
    Munich Intellectual Property Law Center (MIPLC)