Yearbook 2004

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Due to and within the scope of increasing international interconnections research transfer becomes more and more intensive among the respective countries. In the field of law, and especially as regards social law, it leads to receptions. Here the PR China acts as recipient, on the one hand, and on the other, currently, it experiments with different models and legal regulations that bring new insights and are interesting for other countries – as they also could be a matter of reception. more
The intensive response of the law to the challenges posed by technology & industry in the 19th c. led to profound societal change. No longer merely responding to the presumed risks of industrialisation, law actively participated in shaping modern industrial societies. It formed an institutional framework for the use of new technologies and laid a foundation for the expansion of international business relationships. New fields of law & structures of legislation emerged. Around 1900, the emerging industrial state served as a laboratory for new patterns of legislation & implementation of law. more
One of the most critical issues for the reconstruction of the legal system in Afghanistan is the lack of reliable data and analysis. The conflicts of the past 25 years have resulted in the collapse of institutions of higher education and a brain drain as many educated Afghans fled the country. Furthermore, the short-term nature of funding, combined with the fast-paced working environment of international organisations, has left little room for reflection. This is a handicap calling for redress. The Max Planck Institute for Foreign Private Law and Private International Law has thus developed several projects to assist the Afghans in their endeavour to reconstruct their legal system. These projects revolve around legal education, the new Afghan Constitution adopted in 2004 and Afghan family law. more
The immediate background for the project included the most recent war in Iraq, the resultant domestic situation in Iraq, and the international engagement. This, however, served merely as a starting point for further thought. The event had a different focus, namely, the issue of how and under what circumstances the international community of states can become active in restructuring so-called post-conflict societies. How far can, should, and may international engagement go? Where do the limits lie? more
The surveillance of telecommunication, i.e. wiretapping (Articles 100a and 100b of the German Code of Criminal Procedure [StPO]), is one of the most important covert investigation methods. Along with acoustic surveillance of private premises (Article 100c I, No. 3 StPO), it was the subject of a study evaluating 611 criminal proceedings filed in 1998 and surveys of some 6,000 practitioners. more
Patents on disease genes cause concerns about hampered research and development and access to medicine services. A research project at the Max Planck Institute for Intellectual Property, Competition and Tax Law analyses how far these concerns are justified and discusses possible measures to ensure freedom of research and development. The analysis shows that the major factor in the conflict between promotion of investments and freedom of research is the patent owner’s licensing policy. more
Expanding the amount of information corporations are legally required to publish has become a popular means of regulation. Economically, there are many reasons why this makes good sense. But mandatory publications may lead to competitive disadvantages for firms if the information turns out to be valuable to competitors or other players in the market. Balancing these aspects of information regulation is difficult because information once publicised can no longer be controlled. In this situation lawmakers can either try to restrict the distribution of sensitive information or mitigate the danger of competitive disadvantage by varying scope and detail of mandatory publications. more
Since the information society has fundamentally changed large areas of economic, political, social and cultural life, many aspects of law need to be reassessed. The adjustment of copyright law to these challenges has thus been one of the main focuses of the Department of Intellectual Property and Competition Law of the Max Planck Institute for Intellectual Property, Competition and Tax Law in 2004 and will continue to be a challenge in the long run within the framework of multiple projects in the Institute. more
From the point of view of antitrust law the legal assessment of a competitive strategy hinges on the strategy’s effect on competition. This effect, in turn, is determined by market mechanisms. The notion of network effects refers to a microeconomic concept of industrial economics that explains the specific market mechanisms in network markets. A research project at the Max Planck Institute for Intellectual Property, Competition and Tax Law analyzes the influence of network effects on market mechanisms and competitive strategies and assesses how effectively the instruments of antitrust law scrutinize the activities in network markets. more
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