From a Rights-Based to a Procedural Approach: Re-Contextualizing Intellectual Property Rights
Max Planck Lecture in Legal History and Legal Theory
- Date: May 19, 2022
- Time: 04:15 PM - 05:45 PM (Local Time Germany)
- Speaker: Michael Grünberger (Universität Bayreuth)
- Organisation: Stefanie Rüther
- Location: mpilhlt
It is one of the fundamental principles of German private
law that absolute subjective rights enjoy comprehensive protection
against
unlawful infringement. In IP-law this – former? - certainty has been
considerably shaken in recent years. We have been witnessing an ongoing
restructuring or remodelling of the respective positions of the parties
involved on two levels: the exclusive right's scope and its remedies.
The
presentation highlights this development in patent and copyright law as a
"procedural approach“ toward IP law. This can be seen as an instrument
of
IP law’s "self-limitation“ to further address the expansive tendencies
of
the modern (intellectual) property (rights) regime.