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The Position Statement of the Institute of 6 February 2024 on the European Commission’s Proposal for a Regulation on Standard Essential Patents (SEP), assesses the proposal in the light of its adequacy to address the challenges of SEP licensing in the context of the Internet of Things and its potential for contributing to a balanced global SEP licensing. Legal policy recommendations are then derived from this analysis.
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Reto M. Hilty, Director at the Max Planck Institute for Innovation and Competition, having reached the age of 66 at the beginning of 2024, officially retired at the end of January. The legal scholar is a leading authority in the field of intellectual property law and an internationally renowned advisor for legislation at European and national level. He will continue his research and will remain associated with the institute.
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We are deeply saddened by the news of the death of Dan L. Burk, Professor of Law at the University of California, Irvine School of Law. He passed away on 4 February 2024, leaving behind a profound and worldwide legacy on issues related to technology law, including the areas of patent, copyright, electronic commerce, and biotechnology law. He had close ties with the Max Planck Institute for Innovation and Competition. He was a member of the Advisory Board from 2013 to 2023. In 2011, as a Fulbright Scholar, he conducted groundbreaking research at the Institute on the patenting of biotechnology in Germany and the European Union. Dan was a long-standing member of the Munich Intellectual Property Law Center (MIPLC) faculty. His contributions were crucial in helping to establish the excellent reputation and made a profound impact on the MIPLC community. More
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In Brief
People + + + As of 1 January 2024, Josef Drexl has assumed the role of Managing Director of the Institute through biennial rotation. More
Equal Opportunities + + + The Institute’s second Gender Equality Plan (2024–2026) has been officially submitted to the MPG’s Central Gender Equality Officer.
Competition + + + The Jerzy Wiszniewski Foundation is calling for excellent academic work in the fields of trademark law, competition law and antitrust law to be submitted to the international competition. More
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Matthias Tschöp (Research Director, CEO and Spokesman of the Management Board at Helmholtz Munich) and Dietmar Harhoff will talk about digital technologies in medicine, innovation, transfer and start-ups, as well as breakthroughs in the pharmaceutical industry. The Max Planck Digitality Fireside Chat is an informal event format for in-depth talks and discussions on digitality and digital transformation. The format allows for an exchange between researchers and digital pioneers who have come forward with new concepts, proposals and ideas, and are actively shaping digitalization. All participants can take part in the discussion. More
Wednesday, 20 March 2024, 6 p.m., online, (in German) with registration
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In the event series "acatech on Tuesday", experts analyze and discuss the complex interaction of national and international regulations in the field of patent and plant variety protection on plant varieties and their effects from a legal, economic and social perspective. The event will kick off with a keynote speech on plant variety and patent protection by Pedro Henrique D. Batista, who will outline the legal foundations. The event will be held in German.
Tuesday, 16 April 2024, 6:00 p.m.
acatech Forum, Karolinenplatz 4, Munich
Participation is free of charge, registration is required.
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Legal issues relating to the development of global data law were discussed at the "Comparative Data Law" conference on December 7 and 8, 2023. The Research Center for Legal Issues of Digitalization (FREDI) at the University of Passau, the Institute for Media and Information Law (Department of Private Law) at the University of Freiburg and the Max Planck Institute for Innovation and Competition jointly hosted and organized the conference at the Haus der Bayerischen Wirtschaft in Munich. Moritz Hennemann (Uni Freiburg) and Josef Drexl were responsible for the content. More
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Even in times of peace, access to healthcare as a basic need is at risk in many countries. In times of war, it becomes a matter of survival at the national level. In an eBook “Rebuilding Ukraine – the Case of the Health Sector”, the contributions of the roundtable event on the health sector in Ukraine, which took place at the Institute on 21 March 2023, have now been published.
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Next Roundtable – Opening up Data for Research on Ukraine
The next roundtable will take place on Tuesday, 14 May 2024, 9:00 a.m. – 4:45 p.m., in a hybrid format. The experts will address the question of how open data can be used for research on Ukraine, for example in the areas of IP and entrepreneurship. If you would like to participate online, you can register here. The latest information on the event can be found here.
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Scientific Support Offers for Ukrainians: Determinants, Reasons, and Consequences
A new study aims to assess the adequacy of supporting mechanisms to meet the specific needs of Ukrainian scientists. The findings highlight the importance of flexible financial aid and a nuanced understanding of the varied needs within the scientific community. The implications of the study are significant for policymakers and academic institutions in designing effective support programs for scientists in crisis situations. More
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Marina Chugunova and Nicola Lacetera have edited a collection of studies on human-AI interactions, a subject that has attracted increasing attention as artificial intelligence rapidly evolves and becomes more intertwined with our daily lives. The rise of AI is not only a technological or economic phenomenon that amplifies the convenience and efficiency of our routines, but also raises critical ethical questions and triggers changes in human behavior. Insights from these and other ongoing studies can help pave the way for a future in which AI and human behavior co-evolve in a manner that is beneficial and, above all, human-centric.
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The increasing reliance on automated decision-making and the growing number of potential applications have led to calls for policies that put a ‘human in the loop’ to maintain human agency and accountability, provide legal safeguards, or perform quality control. In an ideal world, the monitor should intervene when an algorithm makes erroneous or discriminatory decisions – but not when decisions are correct and fair. In an experiment, the authors address two key questions: How does the transition from fully automated decision-making to a human-in-the-loop system impact people’s preference for algorithmic decision support? And does human monitoring influence the accuracy of decisions? Their findings reveal a trade-off: while human oversight boosts the use of automated decision support, it may compromise decision accuracy.
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The IP Advisory Committee of GPAI’s Innovation and Commercialization Working Group released a report co-authored by Lee Tiedrich, Josef Drexl, Alban Avdulla and Daria Kim, summarizing the findings of two interdisciplinary workshops conducted at the Institute and Duke University in 2023. The focus is on promoting responsible sharing of AI data and models through contract standardization. The report discusses the need for contractual solutions amidst uncertainties and explores the benefits of standard terms in addressing issues like bargaining power, liability, safety risks, and regulatory compliance. It also addresses challenges arising from evolving legal landscapes, emphasizing the impact on freedom of contract in the AI domain. Recognising the importance of the collaborative approach, the report highlights developments by organizations such as the Linux Foundation, RAIL, UNCITRAL, Open Knowledge Foundation, and Creative Commons.
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Liza Herrmann and Lukas Kestler, two young researchers from the Institute, took part in the 8th „GRUR Junge Wissenschaft“ conference. Their contribution to the conference proceedings shows that an internationally coordinated concept for the regulation of large platform companies (so-called gatekeepers) is lacking despite comparable competition law problems worldwide. The emergence of a regulatory patchwork with different standards is imminent. The associated challenges are first analyzed and then illustrated using the example of the Google Privacy Sandbox procedure. The central question is whether a strategic shift in the regulation of platform companies is necessary: away from heterogeneous approaches towards a cooperative system?
Liza Herrmann, Lukas Kestler
Wettbewerbsrechtliche Herausforderungen durch international heterogene Gatekeeper-Regulierung – Plädoyer für ein strategisches Umdenken
in: Buchheim et al. (Eds.): Plattformen - Grundlagen und Neuordnung des Rechts digitaler Plattformen (GRUR Junge Wissenschaft, 7), Nomos, 2024
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The MIPLC class of 2023/2024 commenced its academic journey with a revamped curriculum, tailored to responds to today’s need for expertise in the fields of law that shape the incentives for innovation in the market-driven economy. Responding to market shifts and student feedback, MIPLC has expanded its educational offerings to deliver a cutting-edge learning experience that reflects the current realities of intellectual property, competition, and data law. The unique curriculum builds on the conviction that the next generation of leading experts, working at the interface of law, markets, and technology, require a comprehensive education that encompasses a broader range of laws and their interactions – especially in the context of digital transformation. More
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