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The Max Planck Institute for Intellectual Property, Competition and Tax Law endorses the Commission's plans for a Community patent, which promises several key advantages as compared to fragmented rights under the EPC system. The Institute likewise endorses the general structure for patent...
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Protection of innovative technologies by patents or by copyrights is marked by a tension between, on the one hand, the private interest in obtaining a broad exclusivity over market opportunities, and, on the other, the public interest in strictly limiting the "monopoly" right to what is...
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As a framework regulation for innovation markets, the patent system needs to be tailored to the innovation process, which it is supposed to serve, and to the competitive environment, within which it must operate. In order to ensure an efficient functionality of the patent system as an innovation...
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The paper represents the comments of the Max Planck Institute for Intellectual Property, Competition and Tax Law on the Draft Commission Regulation on the application of Art. 101(3) of the Treaty on the Functioning of the European Union to categories of research and development agreements and...
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The relationship between the legal exclusivity and economic market power : links and limits / Josef Drexl -- Intellectual property and sources of market power / Mark R. Patterson -- Controlling the unilateral exercise of intellectual property rights : a multitude of approaches but no way ahead?...
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