Critical Mind

Prof. Dr. Christine Godt, Carl von Ossietzky Universität, Institut für Rechtswissenschaften OldenburgDr. Matthias Lamping, Max-Planck-Institut für Innovation und Wettbewerb, München

• ​Part I: European Legal Order.- Market Access and Competition Rules of the EU – Was their Constitutionalization Based on a Judicial Error?.- Renewing the Van Gend Pledge – Continuity and Resilience in the Court’s Construction and Defense of the Supranational Character of EU Law.- Why is the Regulation of Enforcement through the EU so Difficult?.- Part II: Competition.- On the Political Nature of Competition Law.- Competition Law and Political Influence of Large Corporations – How Antitrust Analysis Can Capture the Link between Political and Economic Institutions That Affect Market Competition.- Cutting into Diamonds: Competition Law, IPR, Trade Secrets and the Case of ‘Big Data’.- FRAND Declarations and the ‘Third-Party Effect’ – A Contract Law and Competition Law Perspective.- In Rem Effect of Licensing Declarations – Hanns Ullrich’s Traces in Recent Case Law.- Part III: Intellectual Property.- Mapping the Intangible Economy.- Exclusive Rights for a Purpose – Intellectual Property as a Framework Regulation of Innovation Markets.- From a Rights-Based to a Procedural Approach: Re-Purposing the Exercise of Intellectual Property Rights.- How to Stay Modern Feudalism? Comparing EU and US Methodologies in Containing Post-Sale Restraints by Way of IP Exhaustion.- Virtual Patent Networks and Their Network Effects.- The Public Interest in Compulsory Licensing: Examining the Complementarity Between IP and Competition Law.- Part IV: Data Economy.- Digital Sovereignty and Governance in the Data Economy: Data Trusteeship instead of Property Rights on Data.- Incentives for Data-Sharing as a Case on (Regulating) Knowledge Externalities.- Some Remarks on the Subjective Profiles of the EOSC Project, Especially from the Perspective of IP Law.- Part V: Artificial Intelligence.- Inventorship in the Age of Artificial Intelligence.- Artificial Intelligence and the Technicality Requirement of Patent Law.- Patent Infringement by Development and Use of Artificial Intelligence Systems, Specifically Artificial Neural Networks.- Part VI: Digital Media.- Copyright, News, and ‘Information Products’ under the New DSM Copyright Directive.- Media, Legal Tech and Modern Copyright Law German Lawyers in the Digital World.- Media Policy and Copyright in Europe: The Progressive Expansion of the Law for Broadcasters to Online Platforms.- Part VII: Biotechnology.- Gene Editing Technology Patents or Monopolization of Scientific Knowledge and Health Care?.- A Comprehensive Approach to Plant Variety Rights and Patents in the Field of Innovative Plants.- Part VIII: Global Market Order.- TRIPS through a Military Looking Glass.- A Transactional Approach to Intellectual Property.- Manufacturing for Export: A TRIPS-Consistent Pro-Competitive Exception.- Reductionist IntellectualProperty Protection and Expansionist (and ‘Prodevelopment’) Competition Rules as a Human Rights Imperative? Enhancing Technology Transfer to the Global South.- Caught Between Post- and Neo-Colonialism – IP for Traditional Knowledge, Traditional Cultural Expressions and Indigenous Resources.