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...

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...

A balanced, innovation-friendly and uniform patent system is indispensable for Europe. However, the latest EU proposal for a patent package (Patent Regulation and flanking court system) is both dangerous and misguided. While a superficial glance may create the false impression of a patent law...

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...

The exploitation of patents as an asset, which may be traded by way of assignment, licensing or as security, has become increasingly important. In this regard, Art. 7 of the new EU Regulation No. 1257/2012 of 17 December 2012 on unitary patent protection provides that, as an object of property,...