Max-Planck-Institut für Innovation und Wettbewerb
Newsletter #2

Spring 2020

Despite these challenging times, the work at the Institute continues. In this newsletter, we would like to share with you what we are currently working on and send you our best regards and good wishes.
Josef Drexl, Dietmar Harhoff and Reto M. Hilty

An amendment to the German Patent Act is intended to make disproportionate injunctive relief for patentees more difficult. The Institute has issued a position paper on the current discussion draft  of the Federal Ministry of Justice and Consumer Protection.
New Rules in Patent Law: Institute Issues Position Paper
Digitalization by Corona? New bidt Study on Remote Work in Germany
Dietmar Harhoff, director at the Max Planck Institute for Innovation and Competition and member of the board of directors of the Bavarian Research Institute for Digital Transformation (bidt), is co-author of the study on the spread and acceptance of remote work in Germany. There is a high level of acceptance among employees for working remotely. Dietmar Harhoff stresses that companies should not return to old organizational patterns after the crisis. The economy must take up this willingness, he says. Germany is lagging behind in the EU comparison when it comes to remote working. Home-based work is not only a question of organizational culture. It also leads to new management concepts and strengthens digitalization and innovative ability. More

Frank Mueller-Langer, Affiliated Research Fellow at the Institute, is now Professor at the Department of Business Administration at the University of the Bundeswehr Munich. His teaching and research focuses on the effects of digital transformation on firms, markets and the society.
Professorship for Digital Transformation at the University of the Bundeswehr Munich for Frank Mueller-Langer

Despite the uncertainty surrounding the Covid-19 situation, MIPLC is planning on a timely start of the 2020-21 academic year at the beginning of October in Munich. In the event face-to-face instruction is not possible, we will begin with remote delivery of lectures and transition to on-site teaching as soon as possible. 
Given the difficult circumstances, we have extended the application deadline until June 30, 2020. We are also accepting applications via e-mail. For further details or contact information, please refer to the MIPLC website.
LL.M. Program 2020/21: Modified Application Procedure
The Disciplinary Effect of Post-Grant Review – Causal Evidence from European Patent Opposition
The authors study the causal impact of invalidating marginally valid patents during post-grant opposition on affected inventors’ subsequent patenting. They find a disciplinary effect of invalidation: The inventors file significantly fewer patent applications in the decade after the decision.

Markus Nagler, Stefan Sorg
The Disciplinary Effect of Post-Grant Review – Causal Evidence from European Patent Opposition
Research Policy, 49 (3), 103915.
Against the backdrop of the current discussion of how Artificial Intelligence (AI) is reshaping existing IP paradigms, the need for IP protection in AI markets has to be examined. The authors assess the question of the justification of IP rights for both AI as a tool and AI-generated output in the light of the theoretical foundations of IP protection. Based on the current state of knowledge, it seems that the widespread use of AI applications may have altered the parameters of the IP system in some cases.

Reto M. Hilty, Jörg Hoffmann und Stefan Scheuerer
Intellectual Property Justification for Artificial Intelligence
Max Planck Institute for Innovation & Competition Research Paper No. 20-02
Intellectual Property Justification for Artificial Intelligence
Latest Information on Rescheduled Events and Online Seminars
In the course of the Corona crisis, the event planning at the Institute has been adapted. Since mid-March, all on-site events were postponed until further notice. A new date has already been set for the Munich Summer Institute: The MSI 2021 will take place from 7 to 9 June 2021. The Max Planck Innovation & Entrepreneurship Seminar Series of the economics department, formerly Brown Bag Seminar, is now held in online format. The seminar webpage offers the possibility to register for the virtual talks via the invitation mailing list. The 14th Workshop on the Organisation, Economics & Policy of Scientific Research is adjourned until further notice.
Latest Information on Rescheduled Events and Online Seminars
10th Amendment to the GWB: New Instruments for a Competition Policy in the Digital Age
Event report The 10th amendment to the GWB (German Competition Act), which is called “GWB Digitization Act”, seeks to adapt the German competition law to the requirements of the modern platform economy. In a presentation at the Max Planck Institute for Innovation and Competition co-organized by the Münchner Kartellrechtsforum, Thorsten Käseberg, Head of the Department for Competition and Consumer Policy at the Federal Ministry of Economics, outlined and discussed the first draft bill. More
Event report Since many effects of the protection of Geographical Indications have not been sufficiently researched, the Max Planck Institute for Innovation and Competition last year founded a research group to analyze the GI system within the EU and beyond. The researchers organized a workshop to present their preliminary research findings and to exchange views with international experts. More
GI-Workshop - Two Days in the Sign of Geographical Indications
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