Max Planck Institute for Innovation and Competition
Newsletter #4

Fall 2022

With this issue, we conclude the fourth year of our newsletter. To date, 1,476 people have subscribed to the German or English version. We wish you a pleasant reading – please recommend us to others!

On 26 October 2022, the German Federal Ministry for Economic Affairs and Climate Action (BMWK) published a comprehensive scientific expert study on data access entitled “Data access and sharing in Germany and in the EU: Towards a coherent legal framework for the emerging data economy”. The report was prepared by our Senior Research Fellow Heiko Richter in co-authorship with the Berlin professors Heike Schweitzer, Axel Metzger, Knut Blind, and other authors. More
Participants of the conference on Building a Global Ethical Framework for AI in Bucharest
On 4 October 2022, Dietmar Harhoff, member of UNESCO’s High-Level Expert Group (HLEG) on the Implementation of the AI Recommen­dation since December 2021, participated as an expert in the conference on “Building a Global Ethical Framework for AI: The UNESCO Recommen­dation on the Ethics of AI” in Bucharest, which addressed the guidelines on the design, development, and use of AI systems adopted in November 2021. The conference focused on the need to promote diversity and inclusiveness, and how to move from principles to practice to assess the ethical impact of Artificial Intelligence on society. More

Fabian Gaessler, so far Senior Research Fellow at the Max Planck Institute for Innovation and Competition, joined the Faculty of Economics and Business of the Pompeu Fabra University in Barcelona as Assistant Professor (tenure track) on 15 September 2022. In 2017, he was awarded the Otto Hahn Medal in for his outstanding doctoral thesis. Since then, he has published his work in leading journals. At UPF, he will continue his highly successful research program on firm strategies and innovation. More
Fabian Gaessler at Pompeu Fabra University in Barcelona
Dr. Gert Würtenberger, President of GRUR with Dr. Timmy Pielmeier. Photo: Andreas Burkhardt/GRUR

Timmy Pielmeier has been awarded the GRUR Dissertation Prize in the category of Trademark, Competition, and Design Law for his dissertation on “Die Konkurrenz von Urheberrecht und Lauterkeitsrecht im Binnen­markt” (The Relationship of Copyright and Fair Trading Law in the Internal Market). The awardee wrote a significant part of his work during his time as a scholarship holder at the Institute. More
Prior literature argues that the loss of a collaborator negatively affects the productivity of the remaining collaborators, as their team-specific capital (human and social capital) is reduced. However, such a loss can also increase the remaining collaborators’ bargaining power over their employer, since the employer needs to fill the gap to ensure the continuation of R&D projects. A shift in bargaining power may lead to benefits such as more resources and better working conditions, which can partially compensate for the negative effect on productivity and affect career trajectories. The empirical study builds on data from 845 unexpected deaths of active inventors and 6,686 remaining inventors.
Symbolic image for gap
Felix Poege, Fabian Gaessler, Karin Hoisl, Dietmar Harhoff, Matthias  Dorner
Filling the Gap: The Consequences of Collaborator Loss in Corporate R&D
Max Planck Institute for Innovation & Competition Research Paper No. 22-17
Image of comparison of Patent Publication vs. Standard Specification
Standard-essential patents (SEP) have become a key element of technical coordination via standard-setting organizations. Yet, in many cases, it remains unclear whether a declared SEP is truly standard-essential. To date, there is no automated procedure that allows for a scalable and objective assessment of SEP status. A new study now introduces an auto­ma­ted method for ap­prox­i­mat­ing the standard essentiality of patents which is based on a large-scale text comparison be­tween patents and standard document­s.
Lorenz Brachtendorf, Fabian Gaessler, Dietmar Harhoff
Truly Standard-Essential Patents? A Semantics-Based Analysis 
Journal of Economics & Management Strategy, 12500, 1-26
Many Latin American countries legally protect geographical indications, collective trademarks, and other signs for collective use. Among other things, this is intended to increase market transparency as well as the prosperity of local communities and to add economic value to products and services from specific regions. Whether these goals can be achieved depends largely on the specific regulation of these instruments. However, the national legal systems of Latin American countries differ substantially in this area. In their paper, the authors present a comparative legal study that looks at the functioning of these systems in Argentina, Brazil, Chile, Colombia, Costa Rica, Mexico, Paraguay, Peru, and Uruguay. Their findings pave the way for further research that can support targeted policy-making at the national and regional levels.
Symbolic image for distinctive signs in Latin America
Roxana Carmen Blasetti, Suelen Carls, Pedro Henrique D. Batista
Distinctive Signs for Collective Use in Latin America: Development Promotion by Valuing Origin and Quality
Max Planck Institute for Innovation & Competition Research Paper 22-15
Call for Papers
Screenshot WOEPSR23 webpage
WOEPSR is coming back to Munich! After the 14th workshop of the series in 2020, the “16th Workshop on the Organization, Economics and Policy of Scientific Research”, jointly organized with TUM, will again take place at the Max Planck Institute for Innovation and Competition on 13 and 14 April 2023. Researchers who would like to present a paper are invited to submit it online by 15 January 2023.  More
Event Report
“Regulation of the Data Economy in Emerging Economies” is the title of an international project in which researchers from the Institute are looking at how regulatory mechanisms in the data economy must be designed to promote sustainable economic development in emerging economies. The second workshop of this project, focusing on health-related issues, was held in Bengaluru, India, on 8 and 9 September.  More
Participants of the workshop in Bengaluru, India
Event Report
EUI, Badia Fiesolana
On 6 and 7 October the Florence Seminar on Standard Essential Patents took place. The conference, which was jointly organized by Florence School of Regulation at the European University Institute and the Max Planck Institute for Innovation and Competition, offered the opportunity for a lively academic discussion on FRAND licensing and SEP litigation topics. Twenty-two unpublished papers, both legal and economic, were presented and discussed by prominent scholars in the field. More
Event Report
At the opening of FLACSO Argentina's Master's Program in Intellectual Property Law, Director Reto M. Hilty spoke on "Potential and Limits of Patent Law to Combat Climate Change" at the FLACSO Argentina Auditorium in Buenos Aires on 5 September. Sol Terlizzi, Academic Director of the Master's Program in Intellectual Property Law, and Valentina Delich, Director of FLACSO Argentina, gave the welcoming remarks. More
Reto M. Hilty with Sol Terlizzi and Valentina Delich
Selection of Upcoming Events
Innovation & Entrepreneurship Seminar: Invention and Discovery
Jeffrey A. Lefstin (UC Hastings)
Max Planck Institute for Innovation and Competition

Data Sharing & Climate Action in Brazil
Mackenzie University, São Paulo, Brasil
RISE – 5th Research on Innovation, Science and Entrepreneurship Workshop
Max Planck Institute for Innovation and Competition
Keynote: Robert Seamans (NYU Stern)

Munich Summer Institute 2023
Bayerische Akademie der Wissenschaften