Peter R. Slowinski, J.S.M. (Stanford)

Doctoral Student and Junior Research Fellow

Intellectual Property and Competition Law

+49 89 24246-431
peter.slowinski(at)ip.mpg.de

Areas of Interest:

Intellectual Property Law (primarily patent law), unfair competition law, licensing law, civil law, law of civil procedure, litigation and alternative dispute resolution (primarily mediation)

Academic Résumé

Since 2010
Doctoral candidate at the Ludwig-Maximilians-University Munich under the supervision of Prof. Dr. Reto M. Hilty
Topic: Dysfunctional effects of the enforcement of intellectual property rights

2014 - 2016
Attorney at law (Rechtsanwalt) in the areas of patent litigation, IP transactions and patent licensing with an international law firm in Munich

2013 - 2014
Research Fellow at the Max-Planck-Institute for Innovation und Competition

2012 - 2013
Scholarship Holder at the Max-Planck-Institute for Innovation und Competition

2011 - 2012
Postgraduate studies of law at the Stanford University, Stanford Law School, Stanford, USA (Master of the Science of Law, J.S.M.)

Fellow in the Stanford Program in International Legal Studies (SPILS) at the Stanford Law School, Stanford

Research Assistant in the project „Future oft he Legal Profession“ under the supervision of Professor Deborah Hensler at the Stanford Law School, Stanford, USA

2010 - 2011
Scholarship Holder at the Max-Planck-Institute for Innovation und Competition

2009
Second State Exam in Law (equivalent to bar exam), Munich, Germany

2007 - 2009
Mandatory Clerkship/Training in the jurisdiction of the Court of Appeal Munich, Germany

2007
First State Exam in Law (equivalent to LL.B./J.D.), Munich, Germany

2004 - 2007
Study of Law at the Ludwig-Maximilians-University Munich, Germany

2003 - 2004
Study of Law at the Cardiff University (Diploma in Legal Studies), Thesis on the patentability of computer implemented inventions, Cardiff, UK

2001 - 2003
Study of Law at the University Passau, Passau, Germany

Academic Prizes, Honours, Scholarships

John Hart Ely Prize der Stanford Law School for Outstanding Performance in ADR Policy, Practice and Law

Doctoral Scholarship by the Max-Planck-Institute for Innovation and Competition

Scholarship by the Konrad-Adenauer-Stiftung

Erasmus-grant of the European Union for the stay at Cardiff University

Memberships

German Association for the Protection of Intellectual Property (GRUR)

German-American-Lawyers-Association (DAJV)

Centrale für Mediation

Munich IP Dispute Resolution Forum (IPDR)

International Association for the Protection of Intellectual Property (AIPPI)

Publications

Contributions to Collected Editions, Commentaries, Handbooks and Encyclopaedias

Patenting Coffee - IP Protection and Its Impact on Innovation in the Coffee-Capsule Market, in: Varieties of European Economic Law and Regulation (Studies in European Economic Law and Regulation, 3), Springer, Berlin 2014, 489 - 503 (together with Reto M. Hilty). DOI

  • Despite a hard to kill belief patents are not a booster for innovation per se but an instrument of competition and innovation policy that needs to be used in a careful manner and with a clear understanding of its functioning and consequences. In the last decades discussions about the strengths and weaknesses of the patenting system have circulated mostly around pharmaceuticals or the information technology. Some of the most important questions addressed in these discussions are the ever rising and unmanageably large number of patents, a phenomenon known as patent thickets, the overlapping of different intellectual property rights, and in consequence the limitation of necessary competition.

Journal Articles

Study Question 2017 – Quantification of monetary relief, GRUR Int 66, 8-9 (2017), 737 - 744 (together with Björn Joachim et al.).

    Standardessentielle Patente – Perspektiven außerhalb des Kartellrechts, GRUR Int 64, 9 (2015), 781 - 792 (together with Reto M. Hilty).

      Case notes

      Comment on the German Federal Supreme Court Decision "Raltegravir" - Patent Act, Secs. 24, 85(1), IIC - international review of intellectual property and competition law 2017, 1 - 6-2, 18.12.2017. DOI

        Case Note on: "United Video Properties", IIC 48, 3 (2017), 373 - 377. DOI

          Perlentaucher/FAZ, Comment on the decision by the German Federal Supreme Court, IIC 42, 8 (2011), 989 - 992.

            Conference Reports

            Declaration on Patent Protection: Regulatory Sovereignty under TRIPS – Bericht zum Workshop in Berlin am 11. und 12.7.2017, GRUR Int 67, 1 (2018), 30 - 33.

            • Event: Workshop zur Patent Declaration, Berlin, 2017-07-11

            Opinions

            Position Statement of the Max Planck Institute for Innovation and Competition of 26 April 2017 on the European Commission's "Public consultation on Building the European Data Economy", 2017, 13 pp. (together with Reto M. Hilty et al.).

            • This Position Statement responds to the Communication of 10 January 2017 by which the European Commission launched a public consultation on the future legal framework for data-driven markets that emerge in the course of the current digitization of industrial production and the advent of smart products in which sensors are embedded. In particular, the Position Statement comments the Commission’s ideas on a possible future data producer’s right as a means of promoting access to data. While the Max Plank Institute agrees that there are indeed instances where there is a need to “unlock data”, it rejects a data producer’s right. Rather, the Institute recommends considering more targeted data access rights that would specifically react to situations in which a manufacturer of smart products would otherwise try to reserve related markets for itself. The Max Planck Institute thereby takes inspiration from the data portability right that has already been implemented as part of the Basic Data Protection Regulation. Moreover, general principles on the design of data access regimes are developed. In sum, the Max Planck Institute favours a sector-specific approach to the introduction of a general data access right or a generally applicable data access regime. Sector-specific rules are especially needed for answering more concrete questions such as regarding the person entitled to claim access or the one of whether a data holder should be remunerated for granting access to data.
            • MPI_Statement_Public_consultation_on_Building_the_EU_Data_Eco_28042017 Copy.pdf
            • Also published as: Max Planck Institute for Innovation & Competition Research Paper No. 17-08
            • Chinese Translation of the Position Statement

            Interviews

            Argumente gegen ein Dateneigentum, Radio-Interview, mdr-Aktuell, 07/26/17

            Lectures

            11. März 2018

            Geistiges Eigentum - Treiber oder Bremsklotz von Innovation?

            Presentation at the Friedrich-Naumann-Stiftung für die Freiheit, Theodor-Heuss-Akademie

            Ort: Gummersbach, Germany


            February 12, 2018

            Do we need a new IP-regime in the new data driven economy?

            Presentation during the summit on "Artificial Intelligence, Industry 4.0, and Intellectual Property Law - Towards a New Era in Socio-Economic Life and Daily Living of Human Being", Ankara University Research and Application Center on Intellectual and Industrial Rights (FISAUM)

            Ort: Ankara, Turkey


            November 10, 2017

            Fields of Self-Regulation and Codes of Conduct

            Presentation during the conference "SEPs, SSO and FRAND - Fostering Innovation in Interconnectivity: Asian and Global Perspectives", Applied Research Centre for Intellectual Assets and the Law in Asia, Singapore Management University

            Ort: Singapore


            November 9, 2017

            The Legal Nature of FRAND-declaration - EU-Perspective

            Presentation during the conference "SEPs, SSO and FRAND - Fostering Innovation in Interconnectivity: Asian and Global Perspectives", Applied Research Centre for Intellectual Assets and the Law in Asia, Singapore Management University

            Ort: Singapore


            November 12, 2015

            Standard Essential Patents - Beyond Competition Law

            Presentation during the International Symposium on Legal Reforms in Standard Essential, Patents, Intellectual Property Law Center, School of Law Tsinghua University

            Location: Beijing, China


            Oktober 14, 2015

            The New European Unitary Patent and the Unified Patent Court

            Presentation at the University of Arizona James E. Rogers College of Law

            Location: Tuscon, Arizona, USA


            November 5, 2014

            The New European Unitary Patent and the Unified Patent Court

            Location: Palo Alto, USA


            November 3, 2014

            The New European Unified Patent Court

            Location: Stanford Law School, Stanford, USA


            April 13, 2013

            Still in Balance? - Perspectives on the Present State and Future Development of IP Enforcement

            9th Inter-University Graduate Student Conference

            Location: Cornell Law School, Ithaca, New York, USA


            Mai 18, 2012

            Patent Mediation in Germany - Results From the First Empirical Study

            International Empirical Research Forum

            Location: Stanford Law School, Stanford, USA


            April 14, 2012

            Evaluation of Patent Mediation

            8th Inter-University Graduate Student Conference

            Location: Cornell Law School, Ithaca, New York, USA


            Mai 27, 2010

            Enforcing Quality - New Ways of Strengthening the IP-Systems in Europe

            3rd WIPO-Seminar on Intellectual Property and Small and Medium-sized Enterprises

            Location: Geneva, Switzerland

            Courses

            July 20/21, 2017

            IP and ADR - Policy Considerations and Practice Issues
            Lecture for LL.M.-students at the Munich Intellectual Property Law Center (MIPLC)
            Ort: Munich, Deutschland


            November 2, 2016

            Global Patent Litigation
            Guest lecture as part of the lecture „Global Litigation“ by Professor Deborah Hensler
            Location: Stanford Law School, Stanford, USA