This summer, 13 students graduated from the first one-year Master of Laws programme at the Munich Intellectual Property Law Centre. Among the 13 were pupils from the US, Canada, Brazil, South Africa, China and Ghana. Taught in English and aimed at those with at least one year of professional experience in either law or business, the course is truly international in scope and appeal. It includes the study of valuing and managing IP rights, as well as more traditional legal-oriented subjects, and there is a focus on simulated case studies and court hearings.
The one-year LLM programme is a joint project between the Max Planck Institute for Intellectual Property, Competition and Tax Law (MPI), the University of Augsburg, the Technical University of Munich and the George Washington University Law School in Washington DC. At ?23,000 a year, the tuition fees are not cheap (although some scholarships are available) but it is appealing partly because - being based in Munich - it offers students access to the unrivalled library and research resources of the MPI. It also attracts lecturers such as Mr Justice Pumfrey form the High Court in London, Judge Randall Rader of the Court of Appeals for the Federal Circuit and Francis Gurry of WIPO, as well as academics from the world's leading IP research centres.
A good research environment
Wolrad Prinz zu Waldeck und Pyrmont, who is a junior research fellow working on biotechnology patents at the MPI, is programme coordinator for the Master of Laws course. Like many of the Institute's researchers, he started a career as a lawyer before switching to academia. He says the Institute is a good environment in which to do research: "It's very open in atmosphere, very open-minded which allows for the PhD students to get to know the other students/researchers and other IP laws." With some 35 permanently-based research staff, and over 100 visiting scholars at any one time, the Institute leads the world in IP research, and has probably the largest library of IP books and journals anywhere. Visiting scholars have access to the library and all lectures, some of which are also open to the public.
The MPI can trace its origins back to 1952 when Eduard Reimer founded the Institute for Foreign and International Patent, Trade Mark and Copyright Law at the Ludwig Maximilian University in Munich. This became the Max Planck Institute for Foreign and International Patent, Copyright and Competition Law in 1966. In 2002, a new department was launched covering accounting and tax law.
Today, research covers all aspects of IP law, but focuses on international and comparative aspects. "The Institute is always trying to focus on fundamental/basic research and accepts scholars with fundamental or comparative research projects that fit into the main projects of the Institute. It primarily supports research with comparative law aspects," says Prinz zu Waldeck. Most people at the Institute speak two or more languages and evaluate the legal literature from various countries. The specific research focus is driven by the four directors. At the moment, there is a lot of work on biotechnology and genetic patenting, on the impact of the TRIPs Agreement and possible improvements on it such as sui generis protection for databases, and on multimedia issues such as digital copyright and competition. The most well-known of the four directors is Joseph Straus. Members of the Institute also publish their research in the Institute's three journals - two written in German and one in English (the International Review of Intellectual Property and Competition Law (IIC) which comes out eight times a year).
Scholars from the Institute have been influential in helping to develop national laws and international agreements. For example, the recent German Unfair Competition Act incorporated about 80% of the recommendations made by MPI academics, and they are also involved in the implementation of the EU biotech directive. Staff have also worked as consultants to WIPO, to the European Commission and to national governments. But they do not get involved in private cases, to ensure the independence of the Institute.
The IP capital of Europe
The presence of the MPI has helped to turn Munich, which also houses the German Patent and Trade Mark office and the European Patent Office, into the IP capital of Europe. Many German IP firms are based here, while other European firms have satellite offices. And the Bavarian government has encouraged high-tech investment as part of a technology offensive. The presence of innovative companies, skilled lawyers and experienced administrators and courts has helped to place Germany at the forefront of IP in Europe. However, outside of the legal world, IP remains controversial in Germany. Opposition to patents is evident whenever the EPO hears a disputed biotechnology opposition or appeal, with its Munich office sometimes besieged by campaigners waving flags and banners.
"Until recently, the German public and industry were lagging behind in fully appreciating the importance of IP protection; now German companies are catching up," says Prinz zu Waldeck. Particularly in the biotechnology field, Germany has a restrictive environment - with tight regulations on the use of stem cells in research. And organizations such as the Green Party have been successful in leading opposition to the implementation of the EU biotech directive. "The German public are sceptical about biotech inventions - especially in the area of food: they don't like GMOs," says Prinz zu Waldeck.
The articles on the following pages examine some of the challenges in protecting IP in Germany today, focusing on litigation and protection issues, and also on the recent trends in biotechnology patenting at the EPO. As the largest market in Europe, and a key centre of IP research and practice, Germany is of vital importance to all rights owners. This special focus provides an opportunity to review some of the most important recent developments.
