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...

According to the EU Directive 2003/98 public sector bodies can currently charge the cost of collection, production, reproduction and dissemination, together with a reasonable return on investment. If the upper limit for charging was lowered to the marginal costs of reproduction and dissemination...

The efficiency approach, as advocated by the Chicago School in particular, only provides a very narrow approach to competition law analysis that relies on the preferences of consumers. This approach remains especially insufficient for the regulation of firms that provide citizens with...

As part of the project to establish a Digital Single Market the European Commission has launched a ‘Free Flow of Data' initiative. This initiative is meant to enhance the growth potential of the emerging data economy, which is characterised by the digitisation of production (smart factories)...

In line with primary EU competition law, the new Damages Directive 2014/104/EU aims to provide all victims of competition law violations with a right to compensation. This includes consumers who often suffer harm at the very end of the supply chain. This article analyses the impact of this...

The present Q&A paper aims at providing an overview of artificial intelligence with a special focus on machine learning as a currently predominant subfield thereof. Machine learning-based applications have been discussed intensely in legal scholarship, including in the field of intellectual...

The chapter “Applicable Law” of the International Law Association’s Guidelines on Intellectual Property and Private International Law (“Kyoto Guidelines”) provides principles on the choice of law in international intellectual property matters. The Guidelines confirm the traditional...

This Position Statement presents a broad overview of issues arising at the intersection of AI and IP law based on the work of the Max Planck Institute for Innovation and Competition research group on Regulation of the Digital Economy. While the analysis is approached mainly from a perspective de...