Project Details
Projekt
GRK 1148: Intellectual Property and the Public Domain
Subject Area
Jurisprudence
Term
from 2006 to 2015
Project identifier
Deutsche Forschungsgemeinschaft (DFG) - Project number 795951
The research programme envisaged for the Research Training Group aims at analysing the tension between intellectual property rights such as patents, trade marks and copyright, on the one hand, and the public interest in the freedom to use inventions, distinguishing signs and literary, musical and artistic works, i.e. the public domain, on the other hand. This subject of research pertains to all types of intellectual property rights; it encompasses not only private law but also constitutional law, criminal law and international law, including their historical dimensions; it aims both at fundamental legal research and at specific issues of practical relevance, which need the overall perspective for convincing solutions; finally, it is of great current relevance, particularly in the light of recent developments in the field of information technology.
In particular, the programme will focus on six closely networked topical areas. First, the historical dimension will be used to cross-fertilise new ideas which add to the current debate. Secondly, research will be conducted on the so far neglected general principles of intellectual property law, both in terms of private law and constitutional law. This aspect is closely related, thirdly, to "the tragedy of the anti-commons", i.e. the fact that recently intellectual property rights have tended to extend, to converge and to overlap, which results, fourthly, in issues concerning both internal and external exceptions from the scope of intellectual property rights, fifthly, in questions relating to private law and criminal law sanctions and, sixthly, in issues of European and international law. All dissertations prepared by the participants will be allocated to one of these topical areas, which are sub-divided into 30 dissertation project areas altogether.
In particular, the programme will focus on six closely networked topical areas. First, the historical dimension will be used to cross-fertilise new ideas which add to the current debate. Secondly, research will be conducted on the so far neglected general principles of intellectual property law, both in terms of private law and constitutional law. This aspect is closely related, thirdly, to "the tragedy of the anti-commons", i.e. the fact that recently intellectual property rights have tended to extend, to converge and to overlap, which results, fourthly, in issues concerning both internal and external exceptions from the scope of intellectual property rights, fifthly, in questions relating to private law and criminal law sanctions and, sixthly, in issues of European and international law. All dissertations prepared by the participants will be allocated to one of these topical areas, which are sub-divided into 30 dissertation project areas altogether.
DFG Programme
Research Training Groups
Applicant Institution
Universität Bayreuth
Participating Researchers
Professor Dr. Nikolaus Bosch; Professor Dr. Gerhard Dannecker; Professor Dr. Jörg Gundel; Professor Dr. Peter W. Heermann; Professor Dr. Diethelm Klippel (†); Professor Dr. Knut Werner Lange; Professor Dr. Stefan Leible; Professor Dr. Oliver Lepsius; Professor Dr. Rupprecht Podszun
Spokesperson
Professor Dr. Michael Grünberger
