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On this page you can access research news, amongst others on opinions, declarations and studies, beginning with the year 2013. You can also subscribe to our RSS feed.

53 news found.

Miscellaneous  |  05/30/2018

Eckpunkte einer nationalen Strategie für Künstliche Intelligenz

Eine nationale KI-Strategie sollte sich nicht nur auf die Erforschung einzelner Technologien fokussieren, sondern den Aufbau und die Förderung eines starken und international wettbewerbsfähigen KI-Ökosystems in den Mittelpunkt stellen 

Paper by Dietmar Harhoff, Stefan Heumann, Nicola Jentzsch and Philippe Lorenz, Stiftung Neue Verantwortung, 05/30/2018

Download: Eckpunkte einer nationalen Strategie für Künstliche Intelligenz (pdf)

Opinion  |  05/30/2018

Position Paper on the German transposition proposal of Directive (EU) 2016/943 on the protection of trade secrets

A legal analysis of the conformity of the proposal with the directive and suggestions for improvement

Study  |  05/28/2018

Study on Supplementary Protection Certificates

The Study of the Institute on SPC has been published on 05/28/2018

The study by the Max Planck Institute for Innovation and Competition on Supplementary Protection Certificates (SPCs) was published on 28 May 2018. SPCs extend the term of patents in the areas of pharmacological and plant-protection research. The study examines the functioning of the system and elaborates reform proposals. The latter are concerned primarily with eliminating ambiguities created among other things by the case law of the CJEU, with the creation of a Union-wide system and with the expansion of the existing catalog of exemptions.


SPCs are sui-generis rights similar to patents that protect the active substances of medicinal and plant-protection products that are subject to marketing authorization. Due to the sequences of tests and experiments needed to acquire market approval for new active substances these procedures are very elaborate, which as a rule significantly reduces the effective period of validity of the underlying patents. In order to mitigate this effect, and to keep the EU an attractive location for research, the EU parliament created the SPC, an instrument allowing a de-facto extension of patent protection for up to five years. Even before the EU SPC regulations entered into force in the 1990s, nearly identical provisions had been enacted in the USA and Japan.


In substance, it is uncontested that there is a need to compensate for the shortening of the phase of exclusive marketing of pharmaceutical and plant-protection products due to lengthy authorization procedures. In the practice as well as in the literature, however, individual aspects of the current SPC system have met with criticism and calls for reform. In part this criticism has been directed at the case law of the CJEU; its rulings have led to ambiguity and inconsistencies with respect to central provisions of the SPC regulations whose clarification may require an intervention on the part of the legislature. Furthermore, the generics industry in particular has criticized a lack of balance in the current form of the system. And finally, a need for reform has resulted from the plans to create a patent with unitary effect in the internal market (“unitary patent”), because the SPC regulations do not currently provide for such a uniform certificate of protection.


The Institute was commissioned by the European Commission to examine the questions at issue in this context. Besides carrying out a legal analysis of the foundations of the SPC regulations and their development in case law and practice, the Institute also collected empirical data via surveys (conducted by IfD Allensbach) among affected parties as well as national patent offices, via structured interviews, and from patent registries, and the insights gained from these were subsequently tested and explored in further detail in workshops. Furthermore, extensive reports on extra-European legal systems were prepared in the context of this study which functioned as background material for the legal observations.


Study and Annexes (https://ec.europa.eu/growth/industry/intellectual-property/patents/supplementary-protection-certificates_en)

Miscellaneous  |  05/09/2018

Explaining Germany’s Exceptional Recovery – Science, Research and Innovation in Germany: 2000 to 2017

What contributions did science, research, and innovation make to the amazing turn-around and to the country’s new position as an economic leader?

Article by Dietmar Harhoff and Monika Schnitzer, Vox.EU, 05/09/2018

Download e-book "Explaining Germany’s Exceptional Recovery"

Miscellaneous  |  03/19/2018

Staaten jagen einander Patente ab

Interview with Senior Research Fellow Fabian Gaessler

TV feature by Stefanie Knoll, Eco, Schweizer Radio und Fernsehen, SRF, 03/19/2018

Miscellaneous  |  02/19/2018

Von Eisbaronen lernen

Ein Beispiel aus dem 19. Jahrhundert zeigt: Wer sich auf dem Erfolg der Vergangenheit ausruht, kann leicht unter die Räder geraten

Guest article by Dietmar Harhoff, Süddeutsche Zeitung, 02/19/2018 as pdf

Miscellaneous  |  01/23/2018

The Use of Copyright-Protected Creative Online Content by German Consumers (Radio feature by Sebastian Filipowski and Miltiadis Oulios, Cosmo-Radio, WDR, 01/23/2018)

Interview with Senior Research Fellow Roland Stürz

Miscellaneous  |  01/22/2018

Jeder Siebte nutzt illegale Angebote im Netz (Article by Jonas Jansen, Frankfurter Allgemeine Zeitung, 01/22/2018)

Forscher haben untersucht, wie sich die Deutschen im Internet verhalten – und ziehen überraschende Schlüsse

Miscellaneous  |  01/22/2018

Wer klaut, kann auch anders (Beitrag von Marc Beise, Süddeutsche Zeitung, 22.01.2018)

Münchner Forscher: Wenn die Regeln im Internet flexibler und bequemer wären, würden nicht so viele Menschen Musik, Filme und Videospiele illegal nutzen

Miscellaneous  |  11/30/2017

Video: Josef Drexl on “How Can the Data Economy Be Regulated to Promote New Emerging Markets?”

A video with Josef Drexl on “How Can the Data Economy Be Regulated to Promote New Emerging Markets?” has been published on Latest Thinking.

Josef Drexl on Latest Thinking. Photo: Latest Thinking

In the new digital economy regulation of data is not only heatedly debated in the political arena, it has also become the subject of academic research. New business models are emerging based on the current digital transformation of manufacturing and the digital transformation of many products. These smart products, such as autonomous cars, collect a huge number of data. The question arises: Who owns the data and how should access to these data be regulated? Josef Drexl is interested in the future regulation of the data economy and explores the question of how we can generate or enable markets to emerge that build on the use of data. As he explains in this video, a research group at the Max Planck Institute for Innovation and Competition led by him and his colleague Reto Hilty has concluded that – based on an analysis of the workings of the market – there is no need to recognize ownership in data and that sector-specific adopted of targeted rights of access to data should be preferred to a property approach.


Watch here.