This position paper of the Max Planck Institute for Innovation and Competition provides comments on the amendments proposed by the German Ministry of Justice and Consumer Protection in its discussion draft of January 2020 on the modernization and simplification of the German Patent Act. While...

Within the scope of its initiative on “Compulsory Licensing in the EU”, the European Commission launched a call for evidence on 1 April 2022 and a public consultation on 7 July 2022 with the aim of gathering views from stakeholders. The objective of this initiative is to explore the...

The paper provides a systematic overview of issues arising at the interface between CRISPR/Cas technology and patent law. In particular, it examines aspects related to the patentability of CRISPR/Cas-based methods of genome editing, on the one hand, and access to patented technologies, in view...

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...

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, 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 article provides a comprehensive analysis of the constitutional foundations of, and limitations to, enhanced cooperation (see Article 20 TEU and Articles 326 to 334 TFEU) by taking the negative example of the European patent with unitary effect - the unitary patent. Enhanced cooperation...

The paper analyses the European Court of Justice's decision in cases C-274/11 and 295/11 (Spain and Italy v Council) regarding enhanced cooperation for the creation of the European patent with unitary effect - the unitary patent. The actions called for an annulment of the Council decision...

This article offers preliminary findings into the pharmaceutical laws and policy of Hong Kong. Applying a framework approach to identifying the linkages between pharmaceutical patents and policy objectives in the areas of public health, medical innovation and pharmaceutical industry development,...