Max Planck Institute for Innovation and Competition
Newsletter #1

Winter 2023

With this newsletter issue, we would like to provide you with an overview of the Institute’s many activities in winter 2022/23. Our Ukrainian guest researchers are now fully integrated into the life at the Institute and are making important research contributions. On 24 January 2023, the President-elect of the Max Planck Society visited the Institute and was impressed by the societal relevance of the research conducted at the Institute.

The ever-growing number of patents, scientific publications, and other text corpora is becoming a burden for many researchers. At the same time, new opportunities for scientific analysis arise. The scalable open-source software system Logic Mill applies machine learning to very large document sets, enabling researchers to quickly identify similar texts in a wide variety of fields. This opens up new perspectives in areas such as prior art searches for patent examination, the as­sess­ment of the novelty of patents and publications, and the likelihood of patent litigation. More
Max Planck Logic Mill

Does the scientific community sanction sexual misconduct? While scientific work, according to Merton’s norm of universalism, should be judged regardless of who created it, the scientific community should also encourage “good citizenship” to promote an inclusive environment. The findings of a new study raise a number of ethical questions that the scientific community will need to answer going forward. More

Access to and use of data is of outstanding economic importance, especially in the field of Artificial Intelligence. Standard agreements can increase legal certainty and reduce transaction costs. In its report, an IP expert group of the Global Partnership on Artificial Intelligence (GPAI) – under the collaboration of Josef Drexl and Daria Kim  – takes stock of the worldwide initiative towards the standardisation of licences for data for AI development and AI models. It identifies the key constituting components and specifics of such licences, challenges of their standardisation, and areas where further research is required. To the report
GPAI AI Expert (Screenshot Cover)
Reto M. Hilty (2.v.l.) mit dem Direktor der rechtswissenschaftlichen Fakultät der Universität von São Paulo (FDUSP), Celso Fernandes Campilongo (2.v.r.) der Leiterin des brasilianischen Observatoriums Juliana Krueger Pela (1.v.r) und dem Leiter der Abteilung für Handeslrecht der FDUSP Calixto Salomão Filho (1.v.l.) / Foto: FDUSP

On 11 January 2023, Reto M. Hilty signed a research cooperation agreement between the Institute and the Faculty of Law of the University of São Paulo (FDUSP). This cooperation is part of the “Smart IP for Latin America” (SIPLA) Initiative, which provides a neutral forum for academic and legal policy discourse on intellectual property and competition law in Latin America. In addition to the existing observatories in Argentina and Colombia, an academic observatory will now also be established in Brazil. 

On 24 January 2023, Patrick Cramer, the President-elect of the Max Planck Society, visited the Institute. He will take over from Martin Stratmann on the 75th anniversary of the Max Planck Society in June 2023 in Göttingen, where the Max Planck Society was founded. Cramer’s goal is to have visited and become acquainted with all 86 Institutes of the Max Planck Society by the time he takes office. He was impressed by the societal relevance of the research conducted at the Institute, especially on the transition to a sustainable economy, support for emerging economies, or AI, and the protection of private data. More
Institute Visit of Patrick Cramer
In Brief

Position Statement + + + Position Statement on the EU ‘Design Package’ published.

Environmental Prize+ + + Albert Roger, Senior Research Fellow at the Institute since November 2022, has received the Environmental Prize of the Viktor and Sigrid Dulger Foundation for his dissertation Essays on the Economics of Competition and Innovation under Environmental Regulation.

Podcast + + + Heiko Richter, Senior Research Fellow at the Institute, talks about the current state of the discussion on the Data Act in the EURACTIV podcast.

People + + + Begoña Gonzalez Otero, Senior Research Fellow at the Institute, has been selected as one of 20 female scientists for the Max Planck Society’s mentoring and career building programme Sign Up!

Social Media +++ In light of the recent turmoil on the microblogging service Twitter, the Institute has established a presence on the decentralised, open-source, European-based service Mastodon – please follow our Mastodon account.
Call for Papers
The 7th Munich Summer Institute, jointly organized with ETH Zurich, HEC Lausanne, Northeastern University, LMU and TUM, will take place from 24 to 26 May 2023. Researchers who would like to present a paper are invited to submit it online until 15 February 2023. After the successful premiere last year, a workshop for Ph.D. students will be held again this year, on 23 May 2023. More
Event Report
Just before Christmas, the 5th Research in Innovation, Science and Entrepreneurship Workshop took place, which has been organized since 2018 by young re­searchers of the Institute for young researchers from all over the world. Robert Seamans from the Stern School of Business at New York University was invited to give the keynote speech. His presentation on the use of AI and robots sparked a vivid discussion on the limits of measuring the phenomena and the implications for the economy. More
Cover of Competition and Intellectual Property Law in Ukraine
The book project, the result of which is now available, already began in 2020. Heiko Richter, Senior Research Fellow at the Institute, has published “Competition and Intellectual Property Law in Ukraine”, the most comprehensive book on Ukrainian competition and intellectual property law in English to date. More
Anastasiia Lutsenko
Anastasiia Lutsenko et al.
The Results of the Survey on the Needs of Ukrainian Scientists (First Wave Report)
Max Planck Institute for Innovation & Competition Research Paper No. 23-03
Screenshot online roundtable talk
On 1 December 2022, the Institute held an online roundtable on the topic ‘Facilitating Access to Affordable Medicines During Wartime in Ukraine’. The event was co-organized in cooperation with the Scientific and Research Institute of Intellectual Property of the National Academy of Law Sciences of Ukraine, the Institute of Law of Taras Shevchenko National University of Kyiv, and the patient-led health initiative CO ‘100% Life’.  More

In order to achieve the goals of the Paris climate agreement, a new approach in the transport sector is essential. One element of this is the switch to electric vehicles. However, at the same time, the generation of energy, the manu­facturing process and infra­structure investments must also be subject to sustainability criteria. In their paper, the researchers compare different policy and regulatory measures in the three leading EV policy regions (US, China and EU) and also provide recommendations to remove some existing barriers.
Illustration of an electric car recharging at a charging station. CC0/pixabay
Helmut Esteban, Begoña G. Otero
Is the Transition to E-mobility the Silver Bullet to Achieve Climate-Neutral Transport? An Interdisciplinary Review in the Search for Consistency and Collateral Effects
European Business Law Review, 34 (1), 81-98
The European Digital Markets Act (DMA) is designed to ensure that large online platforms must apply fair practices and cannot abuse their power. However, it partly contradicts with national legislation of Member States. In their paper, the researchers provide recommendations on how these conflicts can be resolved.

Jörg Hoffmann, Liza Herrmann, Lukas Kestler
Gatekeeper’s Potential Privilege – the Need to Limit DMA Centralisation
Max Planck Institute for Innovation & Competition Research Paper No. 23-01
Irma Klünker, Heiko Richter
Digital Sequence Information between Benefit-Sharing and Open Data
Journal of Law and the Biosciences, 9 (2), lsac035
Michael E. Rose, Daniel C. Opolot, Co-Pierre Georg
Research Policy, 51 (10), 104587
Daria Kim
The Paradox of the DABUS Judgment of the German Federal Patent Court
GRUR International, 71 (12), 1162-1166
Andrej Gill, David Heller
Leveraging Intellectual Property: The Value of Harmonized Enforcement Regimes
Available at SSRN, No. 4278423