Yearbook 2005

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In 1998, the International Labour Organization (ILO) stipulated a catalogue of core labour standards which are directly binding on all member states. The effective enforcement of these minimum social standards, as an emanation of universal human rights, is also in the interest of industrialized countries, which would otherwise have to retrench the social rights of their own inhabitants. more
Contrary to Japan’s role as the world’s second largest economy, understanding and knowledge of Japanese law is still insufficient in Germany and Europe. The Hamburg Max Planck Institute for Private Law and Private International Law has taken up this challenge and made comparison of law with Japan one of its major research focuses. A journal of Japanese law is the focal point of its pertinent activities. Since 1996 the journal documents and analyses the manifold developments in Japan’s legal order using a broad methodological approach. more
The “Max Planck Commentaries on World Trade Law” published by the Max Planck Institute for Comparative Public Law and International Law for the first time comprehensively explain the whole range of world trade law in seven individual article-by-article type commentaries. A nutshell-type introduction to the WTO in the first volume is followed by six volumes that focus on specific aspects of WTO law: WTO institutional fundamentals and the whole dispute settlement, the most controversial provisions on technical standards, protection of health and environment, the substantial trade in good rules of the GATT/WTO, the very specific area of antidumping, subsidies and safeguards, intellectual property rights and trade in services rules. more

Perspectives of the Community trademark system

Max Planck Institute for Intellectual Property, Competition and Tax Law Knaak, Roland
The Community trademark system is one of the main focuses of current research at the Max Planck Institute for Intellectual Property, Competition and Tax Law. In the context of these activities, fundamental issues which have a potential model character for other Community intellectual property rights are the subject of this research. more

Taxation and corporate governance

Max Planck Institute for Intellectual Property, Competition and Tax Law Mayer, Stefan; Friese, Arne; Link, Simon
Taxation and corporate governance interact in various ways. Until now, no systematic analysis of these interactions has been carried out. Insofar as authors have dealt with separate aspects, the focus is now less on the question how tax law influences corporate governance, and more on effects changes in the practice of corporate governance in the wake of spectacular corporate breakdowns have on taxation. more

Intellectual property as a component of competition law

Max Planck Institute for Intellectual Property, Competition and Tax Law Drexl, Josef; Conde Gallego, Beatriz
Intellectual property rights and competition law pursue the same goal of promoting innovation. This requires taking competition policy concerns already into account when designing the optimal scope of intellectual property rights. On the other side, it is also necessary to consider the positive effects of intellectual property rights in fostering innovation when applying competition law to restrictions involving such rights. In this respect, the “more economic approach” nowadays advocated by the European Commission allows to take into account the economic effects of IPRs on a given market. Striking the right balance between intellectual property rights and competition law in order to best achieve the common goal of promoting innovation and an efficient allocation of resources is one of the main focuses of research at the Department of Intellectual Property and Competition Law of the Max Planck Institute for Intellectual Property, Competition and Tax Law. more

What impact do modern information and communication technologies have on patent law?

Max Planck Institute for Intellectual Property, Competition and Tax Law Klicznik, Alexander
The field of patent law is impacted by the modern information and communication technologies in two respects. Firstly, the rise of electronic databases provides for new options with regard to the search for patents. Secondly, the Internet brought about new ways – for example the WWW, USENET or email – of disclosing a technical teaching. With regard to these new kinds of disclosures, courts and patent authorities face the problem of an appropriate legal assessment and also problems with regard to proof. more
On 1 May 2004, Estonia, Latvia, Lithuania, Poland, Slovakia, Slovenia, the Czech Republic and Hungary joined the European Union. At the same date the Max-Planck-Institute for European Legal History began a project supported by the Volkswagen Foundation with the title “Legal cultures in modern Eastern Europe: traditions and transfers”. The project addresses the forms of legal transfer which have occurred in all the regions of Eastern Europe since the beginning of the 19th century. It seeks to describe the means whereby western codifications and systems of jurisprudence were transferred to the East, what proportion statutes, academic writings, legal education and case law had in this process, and what effect the integration of western legal models had on each of the individual legal traditions of Eastern Europe. more
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