Max Planck Institute for Innovation and Competition
Newsletter #4

Fall 2020

With this issue, we conclude the second year of our newsletter and wish you a pleasant reading. Stay healthy!

The Federal Ministry of Justice and Consumer Protection has presented a draft bill for the implementation of the new Directive on Copyright in the Digital Single Market into national law. In a position paper, the Institute provides suggestions for the design of the planned Copyright Service Provider Act.
Copyright Research Group of the Institute
Palace of Justice in Munich (c) Justiz Bayern
The regional court Munich I is one of only 12 German courts responsible for patent matters, along with Mannheim and Düsseldorf. For the past ten years, the „Münchner Verfahren” (Munich Proceedings in Patent Litigation), which has now been evaluated in a research project at the Institute, has been an important factor for Munich as a patent location. Nearly 80 percent of the respondents believe that the introduction of the Munich Proceedings has considerably increased Munich’s attractiveness as a location for patent litigation. However, the survey also identified areas for a further development of the procedure.

This summer, the Federal Republic of Germany appointed Josef Drexl as an expert in the newly founded Global Partnership on Artificial Intelligence (GPAI). There, the Institute’s Managing Director is a member of the Data Governance Working Group.
 Prof. Dr. Josef Drexl, LL.M. (UC Berkeley)
Members of the Supervisory Bord of the SPRIND and Founding Director Raffael Laguna de la Vera
Dietmar Harhoff, Member of the new Supervisory Board, points out that the Federal Agency for Disruptive Innovation (SPRIND) will foster pionee­ring research with a wide range of application possibilities and promote radical innovations with outstanding potential to change the market with new products, services and value chains.
In Brief

Humboldt Prize 2020 +++ Heiko Richter was awarded the Humboldt Prize 2020 for his dissertation “Information as Infrastructure – Towards a Competition- and Innovation-Oriented Framework for Public Sector Information”.

EPIP Young Scholar Award +++ Niccolò Galli received the EPIP Young Scholar Award in the category Law for his paper on Patent Aggregation in Europe.

Video Interview +++  acatech interview (in German) with Director Dietmar Harhoff on the topic “Corona as accelerator? How a virus changes us and our approach to technology” in video (2:35 min)

Student Research Assistants (m/f/d)  +++ Every year, the department Innovation and Entrepreneurship Research hires on average ten research assistants on a rolling basis and employs up to 20 students. More
Mobility is one of the most important sub-domains of the so-called “smart city”. Es­pe­cially in the urban context, traditional forms of mobility have come under pres­sure due to new business models, alter­native methods of transportation and the emer­gence of new market players. The book puts a spot­light on recent develop­ments in smart urban mobility from a legal, regulatory and policy per­spec­tive. With con­tribu­tions from experts in the field, it adds a critical per­spect­ive to the current legal dialogue.

Michèle Finck, Matthias Lamping, Valentina Moscon, Heiko Richter (Eds.)
Smart Urban Mobility – Law, Regulation, and Policy
MPI Studies on Intellectual Property and Competition Law, 29
Smart Urban Mobility - Law, Regulation, and Policy
We and It: An Interdisciplinary Review of the Experimental Evidence on Human-Machine Interaction
Humans interact with technology frequently and in a variety of settings. Their behavior in these inter­actions has attracted con­sider­able research interest across several disciplines with sometimes little exchange and seemingly in­con­sis­tent findings. The authors review 118 experimental studies on human-machine interaction. They synthesize the evidence from different disciplines, suggest ways to reconcile in­con­sis­ten­cies, and discuss orga­niza­tional and societal implications. Experiments show that humans seem willing to rely on algo­rithmic support, yet averse to fully ceding their decision authority. This needs to be considered when de­lib­er­ating the benefits and risks of automation.
Marina Chugunova, Daniela Sele
We and It: An Interdisciplinary Review of the Experimental Evidence on Human-Machine Interaction
Max Planck Institute for Innovation & Competition Research Paper No. 20-15
New technical possibilities are constantly chal­leng­ing copyright law and thus also inspire de­vel­op­ments in EU law. Although Switzerland is not bound by EU law, it faces similar regulatory chal­lenges. In April 2020, the most recent revision of its copyright act came into force there. Notwith­standing that the act often went its own way, EU law did not remain without influence. The outline of the book works out these inter­actions, estab­lishes cross-references to the case law of the European Court of Justice, critically points out systemic in­con­sis­ten­cies and often refers to German doctrine in a comparative legal analysis.

Reto M. Hilty
Stämpflis juristische Lehrbücher, Stämpfli Verlag
Urheberrecht (book title)
ICT, Collaboration, and Science-Based Innovation: Evidence from Bitnet
Kathrin Wernsdorf and coauthors examine this question by exploiting the staggered adoption of BITNET across U.S. universities in the 1980s. BITNET, an early version of the Internet, enabled e-mail-based knowledge exchange and collaboration among academics. After the adoption of BITNET, university-connected inventors increased patenting substantially. The effects are driven by collaborative patents by new inventor teams. The patents induced by ICT are exclusively science-related and stem from fields where knowledge can be codified easily. In contrast, the authors neither find an effect on patents not building on science nor on inventors unconnected to universities.
Kathrin Wernsdorf, Markus Nagler, Martin Watzinger 
ICT, Collaboration, and Science-Based Innovation: Evidence from Bitnet
Max Planck Institute for Innovation & Competition Research Paper No. 20-18

By now, already 15 Innovation & Entrepreneurship Seminars have taken place ex­clu­sive­ly online. The or­ga­ni­za­tion­al pro­cesses have become es­tab­lished and the change brought not only challenges but also op­por­tu­ni­ties: The avail­abil­ity of renowned speakers at low cost, the pos­si­bility for geo­graphi­cally dispersed teams of authors to present to­geth­er, more in­ter­na­tion­al visitors, and so forth. Seminar invitations are sent out via the mailing list: The topics, reg­is­tra­tion for interested persons, and more on the seminar page.
Innovation & Entrepreneurship Seminar
Hybrid Winter Semester at the MIPLC
The winter semester at the MIPLC has started - as usual at the beginning of October and with students from all over the world. This year’s 32 participants come from 21 countries - including Bangladesh, Bhutan, Kazakhstan, and Uganda. Due to the current situation, it was not possible for everyone to come to Munich. So, the semester is taking place in hybrid form for the first time. Some of the students are present in Munich, while the others take part in the lectures online. Thanks to a new video conferencing system, students who follow lectures on their home computers can participate in discussions during the lecture.
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