The correlation between the motives and the results behind TRIPS-plus FTAs appears flawed. FTAs currently entail a shift of a fair balance of interests (if it ever existed) towards developed countries and there is need for action on the level of international law. Remedies must therefore be...

There are basically two different mechanisms to control collective management organizations (CMOs), namely the general competition-law approach and the sector-specific regulation approach. This chapter explains the features of copyright management (CRM) systems in general and discusses up- and...

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...

The Max Planck Institute for Intellectual Property and Competition Law comments on the Commission's proposal for a new directive on certain permitted uses of orphan works - COM(2011)289. In principle,the Institute welcomes the proposal of the Commission, which, after years of discussion, is now...

Presently, there is increasing debate about patent quality, not only in the U.S., but also in Europe. After a brief introduction to the complex issue of patent quality, we will illustrate some differentiations in, or make observations on, the current European patent system and the statutory...

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...

The Max Planck Institute welcomes the initiative of the European Commission for a binding legal instrument on collective management of copyright and related rights in the EU. Numerous provisions are to be appreciated (paras 15 and 31). Yet the Commission seems to fail to take account of the full...