The New LL.M. Programme in IP Law
at the Max Planck Institute
„Munich Intellectual Property Law Center“
by Joseph Straus
ATRIP Annual Conference
Tokyo, August 6, 2003
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Why have a Center?
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Why Munich ?
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The Partners
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For Whom?
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What will be offered?
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Requirements/Time Schedule
© J. Straus
Why Have a Research and Educational Center for IP Law?
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The importance of IP rights has grown enormously
Number of patent applications doubled in ~ 6 years
Revenues from patent licenses in the US
• 1980 – 3 Billion US $
• 1997 < 100 Billion US $
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Market value of the US industrial company attributed
to plant and goods
• 1980 – 62%
• 1998 > 30%
[Japanese High Tech Sector > 20%]
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Patent infringement suits in US 1998 – 2000
Lawyers per Billion R & D expenditures
• 1997 – 44
© J. Straus
[US] Universities - New Player in the Game
1974 –
177 Patents
1984 –
408 Patents
1994 – 1.486 Patents
1997 – 6.000 Patent Applications (158 Universities)
1994 – 1.000 Licenses granted
1998 – 3.000 Licences granted
1998 <
600 Million US $ royalties collected from
turnover of 28 Billion US $  300.000 new jobs
© J. Straus
[US] Universities New Player in the Game
US PTO Patents Issued on DNA-Sequences in 2000
US Government (NIH, CDC, USDA, DOE)
472
UC California System
399
Incyte Pharmaceuticals
353
John‘s Hopkins University
147
Harvard University
140
MIT
127
Salk Institute
118
Stanford University
108
Human Genome Sciences
107
Washington University (St. Louis)
90
© J. Straus
Universities New Player in the Game
Consequences in Germany
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Change of employee‘s inventions law
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Deletion of the „professional privilege“
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Universities can claim all service inventions of all
employees
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Specific right to publish or not to publish – has to be
observed
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30% participation from revenues for employees‘
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However – no adequate reflection in IP teaching
activities at university level
© J. Straus
Reasons for a New „Ranking“ of IP Rights
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Revolutionary developments in science and technology –
e.g. the new information and communication
technologies, genetic engineering, molecular medicine –
interdisciplinary approach necessary
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International legal and economic developments – e.g.
WTO-TRIPS, WIPO Treaties, NAFTA, CAN, Mercosur, the
EU-Regulations and Directives – comparative law
approach required
© J. Straus
Why Munich?
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Seat of:
• German Patent and Trademark Office
• German Federal Patent Court
• European Patent Office
• Max Planck Institute (largest specialized IP library - ~
150.000 volumes)
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Large IP bar and patent par
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City with rich cultural history, attractive cultural
programs and located in the wonderful surroundings of
Upper-Bavaria
© J. Straus
The Partners
Technical University of Munich – long standing
rich tradition, remarkable number of Nobel
Laureates – new School of Economic Sciences
The George Washington University
School of Law, Washington D.C.
University of Augsburg – young and dynamic
Max Planck Institute for Intellectual Property,
Competition and Tax Law
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Headed by Managing Committee composed of one Max Planck
Director and one Professor of the GWU, TUM, UA
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Controlled and advised by Scientific Advisory Board and Board
of Trustees
© J. Straus
MIPLC Milestones
 December 2002: Final version of MIPLC Agreement
 January 2003: MIPLC website goes live (on GW Law
server); Regulations for IP LLM Degree approved by
Bavarian Government
 February 2003: MIPLC Agreement signed by all four
partners; website listed on major search engines
 March 2003: Founding Ceremony in Munich; move into
Marstallstraße premises; LLM program application form
available
 April 2003: Begin to receive applications
© J. Straus
MIPLC Founding Ceremony
© J. Straus
Managing Board
Max Planck Institute:
Prof. Straus (Chairman)
George Washington University:
Prof. Brauneis
Technische Universität München: Prof. Reichwald
University of Augsburg:
Prof. Möllers
© J. Straus
Study and Examination Board
Max Planck Institute:
Prof. Straus
George Washington University:
Prof. Brauneis
Technische Universität München:
Prof. Kaserer
University of Augsburg:
Prof. Kort
© J. Straus
Two Main Aims
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Education: LL.M. Program in IP & related areas
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Research: Cooperative research with foreign partners
© J. Straus
For Whom?
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Highly qualified and motivated candidates
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Possessing university degree in law, science,
economics, etc.
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Having one year of professional experience
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Having basic knowledge of law
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In command of English language [TOEFL - min. 250 Pts.]
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Limited to 30 Students
© J. Straus
Faculty
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Professors – Faculty Members of the four partners
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Distinguished visiting professors from US, UK, etc.
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Judges from German and foreign courts
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Members of the Board of Appeal of the EPO
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Members of the bar, the patent bar, and industry
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Group of tutors
© J. Straus
Faculty
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Prof. Ann-Kristin Achleitner (Technische Universität München)
Prof. Martin J. Adelman (George Washington University Law School)
Prof. Christoph Ann (University of Freiburg)
Prof. John J. Barceló (Cornell Law School)
Prof. Stephen R. Barnett (University of California, Berkley)
Dr. Verena von Bomhard (Attorney at Law, Alicante)
Prof. Robert Brauneis (George Washington University Law School)
Prof. William R. Cornish (Cambridge University)
Prof. Kenneth D. Crews (Indiana University, School of Law)
Prof. Graeme Dinwoodie (Chicago-Kent College of Law)
Prof. F. Jay Dougherty (Loyola Law School)
Prof. Thomas Dreier (University of Karlsruhe)
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Prof. Josef Drexl (Max Planck Institute for Intellectual Property,
Competition and Tax Law)
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Prof. John F. Duffy (Marshall-Wythe School of Law, College of William &
Mary, Williamsburg)
Dr. Bernhard H. Geissler (Patent Attorney and Attorney at Law, Munich)
Dr. Heinz Goddar (Patent Attorney, Munich)
Prof. Paul Goldstein (Stanford University)
© J. Straus
Mr. Francis Gurry, Esq. (WIPO)
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Faculty (continued)
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Prof. Dietmar Harhoff (Ludwig Maxilimian University, Munich)
Dr. Christopher Heath (Max Planck Institute for Intellectual Property,
Competition and Tax Law)
Dr. Bernhard Hertel (Garching Innovation GmbH, Munich)
Prof. Reto M. Hilty (Max Planck Institute for Intellectual Property, Competition
and Tax Law)
Prof. Bernt Hugenholtz (Institute for Information Law, University of Amsterdam)
Prof. Christoph Kaserer (Technische Universität München)
Prof. F. Scott Kieff (Washington University School of Law, St. Louis)
Prof. Rainer Kolisch (Technische Universität München)
Prof. Michael Kort (University of Augsburg)
Dr. Jürgen Kroher (Attorney at Law, Munich)
Prof. Annette Kur (Max Planck Institute for Intellectual Property, Competition
and Tax Law)
Prof. Michael Lehmann (Ludwig Maximilian University, Munich)
Dr. Matthias Leistner (Max Planck Institute for Intellectual Property,
Competition and Tax Law)
Dr. Silke von Lewinski (Max Planck Institute for Intellectual Property,
Competition and Tax Law)
Prof. Ulrich Loewenheim (formerly J. W. Goethe University, Frankfurt)
Prof. Michael Loschelder (Deutsche Vereinigung für Gewerblichen
Rechtsschutz und Urheberrecht e.V., Cologne)
© J. Straus
Faculty (continued)
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Prof. Thomas M.J. Möllers (University of Augsburg)
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Prof. Dawn Nunziato (George Washington University Law School)
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Prof. Ansgar Ohly (University of Bayreuth)
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Dr. Jochen Pagenberg (Attorney at Law, Munich)
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The Honourable Justice Pumfrey (Royal Courts of Justice, London)
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The Honourable Judge Randall R. Rader (US Court of Appeals for the
Federal Circuit)
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Prof. R. Anthony Reese (The University of Texas at Austin)
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Prof. Ralf Reichwald (Technische Universität München)
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Prof. Jan Rosén (University of Stockholm)
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Prof. Roger E. Schechter (George Washington University Law School)
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Prof. Wolfgang Schön (Max Planck Institute for Intellectual Property,
Competition and Tax Law)
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Prof. Joseph Straus (Max Planck Institute for Intellectual Property,
Competition and Tax Law)
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Prof. Günther Strunk (Technische Universität Illmenau)
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Prof. Robert K. Frhr. v. Weizsäcker (Technische Universität München)
© J. Straus
The LL.M. Program
 Duration: 2 Semesters (October to July)
 The program offers more than 600 hours of introductory,
basic, and specialized courses.
 Most courses are taught on intensive module basis of 1-2
weeks.
 Requirements for the Master:
20 credit points Basic Courses +
20 credit points Specialized Courses +
20 credit points Master‘s Thesis
(1 credit hour equals 1.5 credit points)
 A 4-weeks internship in an IP-related institution is
obligatory.
© J. Straus
Teaching Methods
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Predominantly case-based
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Socratic - requiring constant, intensive participation
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Many courses taught in intensive blocks – often more
than one instructor
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Attendance of hearings before the Board of Appeal of the
EPO
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Internship in the EPO, German Federal Patent Court,
Germany based law firms and industry
© J. Straus
Working Conditions
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Class rooms located in the Max Planck Institute
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Fully equipped offices
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Four students in one office
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Library with teaching materials
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Access to the library and documentation of the Max
Planck Institute
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Best Munich location
© J. Straus
Curriculum
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Introductory & General & Specialized Courses
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Introductory Courses, e.g.:
• European and international (WTO) law
• Legal tradition (civil & common law)
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General courses in all core areas &, e.g.:
• Protection of Databases, Plant Varieties and SemiConductor
• Advertising and Marketing Measures
• Jurisdiction and Conflict of Law
• European and US Competition Law
• Accounting and Taxation in IP
© J. Straus
Curriculum
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continued
Specialized Courses
- Technology and the Law, e.g.: Computer and the Law,
Practical Training in IP law, esp. Biotech Patent Law,
Patent Prosecution and Enforcement
- Media Law, e.g.: Entertainment Law, Privacy and
Publicity, Internet Law
- Entrepreneurial Finance: Entrepreneurship, Venture
Valuation
- Innovation and Technology Management: IP
Management, Innovation Management and Prognosis
of Market Development
- IP and Controlling, e.g.: Methods for Valuation of
Intangible Assets in Intellectual Capital
© J. Straus
Curriculum
Introductory Courses
Legal Tradition (Civil Law & Common Law)
Introduction to the structure, historical development, and legal
thought of civil law and common law systems; constitutional
aspects of the legal system in the U.S., including federal and
state legislation and jurisdiction.
Legal Research and Writing
Training in the general skills required in scholarship and the
conduct of research, with special emphasis on the differences
in legal argumentation between common and civil law systems.
Topics include: presentation of written work; citation and
referencing; conducting a literature search; essay writing;
examination writing; doing a dissertation/research project;
preparing seminar/conference papers; and preparing work for
publication.
© J. Straus
Curriculum (continued)
Basic Courses
Jurisdiction and Conflict of Laws
Principles applied to determine the competence of courts and the
applicable law under EU and U.S. law, with a focus on IP conflicts;
problems arising in the EU under the Brussels Regulation; the
specific relevance of jurisdiction matters and conflict of laws in the
digital environment; and harmonization prospects.
European and International (WTO) Law
The legal structure of the EU and the EEA, including the legal
constitution and tasks of main EU institutions; impact of principles
set out in the EC treaty (such as the subsidiary principle, non
discrimination and the “four freedoms,“ in particular free movement
of goods and services); instruments for harmonization and their
legal foundation in the EC treaty. History and background of the
WTO treaty; institutions established under the treaty; central
principles such as the MFN clause; and legal impacts and ongoing
developments.
© J. Straus
Curriculum (continued)
European Copyright
The theoretical foundation and historical development of copyright
in selected EU countries (France/Germany/UK) and differences
resulting there from (author’s right vs. copyright systems, monism
and dualism); prerequisites and scope of copyright protection and
protection for neighbouring rights according to German copyright
law, with a comparative view to other EU countries; harmonization
of copyright in the EU, including an overview on the existing
directives, the state of implementation of the most recent directives,
further harmonization projects, and ECJ case law in the field of
copyright.
European Patent Law
The present state and future prospects of the European Patent
system, including patentable subject matter, patentability
requirements, and scope of protection under the European Patent
Convention; patent prosecution before the European Patent Office;
litigation of European patents, including jurisdictional questions;
and an introduction to the proposed Community Patent Regulation
and other proposed legislation in the patent field.
© J. Straus
Curriculum (continued)
European, U.S. & International Trademark Law
Acquisition, scope of protection, and enforcement of trademark
rights on the basis of harmonized national law in EU Member States
as well as under the Community Trademark system, including a
survey of ECJ case law and OHIM practice; comparison of EU law
with important features of U.S. and Japanese trademark law;
international trademark law, including the Madrid system of
international registration; provisions of relevance for trademark law
in the Paris Convention and TRIPS.
European, U.S. & International Design Law
Protection requirements, scope of protection, and enforcement of
design rights on the basis of harmonized national law in EU
Member States; the Community design system, including the
unregistered Community design; comparison of EU law with
important divergent features in U.S. and Japanese design law;
international design law, including the Hague system for
international deposit of industrial designs, and provisions of
relevance for design protection in TRIPS.
© J. Straus
Curriculum (continued)
International and Comparative Patent Law
Study of differences between systems for acquiring patents,
including patentability requirements, scope of protection and
remedies for patent infringement under U.S. and Japanese law;
detailed study of the respective international conventions (TRIPS,
PCT, etc.); present state of discussion and prospects for further
developments on the international level, e.g. in the context of the
Doha round.
International and Comparative Copyright
Introduction to special features of U.S. and Japanese copyright law,
as well as copyright law in other selected countries or regions; a
detailed study of the international Conventions in the field of
copyright and neighboring rights; prospects for further
international harmonization, including specific matters of
jurisdiction and conflict of laws.
© J. Straus
Curriculum (continued)
Unfair Competition, Advertising and Marketing Measures (I)
EU directives concerning unfair competition, especially
misleading and deceptive marketing measures, including ecommerce and commercial communication; Legal
underpinnings and jurisprudence of the ECJ.
Unfair Competition, Advertising and Marketing Measures (II)
Further analysis of legal problems in the area of unfair
competition and trade practices with a comparative view to
the United States, including a survey on protection of
geographical indications under EU and TRIPS.
© J. Straus
Curriculum (continued)
European and U.S. Competition Law
Survey of the statutory basis, policy aims, and mechanisms
of German, European and U.S. competition (antitrust) law, in
particular with regard to the IP/competition law interface;
includes a detailed survey of the relevant practice of
competent authorities and courts under European and U.S.
law.
Licensing of IP Rights
The legal context of licensing situations; appropriate terms
and conditions in contracts; antitrust and misuse
constraints; choice of law; jurisdiction.
© J. Straus
Curriculum (continued)
Specialized Courses
Arbitration
Arbitration law and strategy, including international conventions
controlling recognition and enforcement of arbitration awards;
mediation and other forms of ADR, including online dispute
resolution in domain name conflicts (UDRP).
Protection of Databases, Plant Varieties and Semi-Conductors
Comparison of the different regimes of sui generis protection for
databases, plant varieties and semiconductors, including EU law,
American law, and relevant international conventions. Particular
focus on database protection, including the emerging case law in
EU countries; problems with respect to competition aspects; and
the debate about the appropriateness and feasibility of database
protection.
© J. Straus
Curriculum (continued)
Computers and the Law
Intellectual property rights in software: comparative analysis of
copyright protection for computer programs and patent protection
for computer implemented inventions under U.S. and European law,
including discussion of public policy issues such as open source
code vs. proprietary systems; specific problems in software
contracts; acquisition of rights in programs developed in an
employer/employee relationship or in larger teams; regulation of ecommerce in the EU.
Practical Training in European Patent Law, especially Biotech
Patent Law
Application of the theory of European and international patent law,
especially biotech patent law, to practical cases, including
discussion and analysis of recent decisions; training on practice
cases; patent granting procedure before the EPO; claim drafting
practice; and discussion of special problems, such as those
deriving from the nature of subject matter to be patented.
© J. Straus
Curriculum (continued)
IP Prosecution and Enforcement
Sanctions and enforcement in IP law, with a special view to patent
prosecution under German, European and U.S. law; policy and practice
considerations in the enforcement of patents and other IP rights; survey
of EU legislation on customs control and seizure, as compared to the
situation in the U.S., and on pending EU legislation with respect to
sanctions for IP infringement.
Entertainment Law
Particular problems related to the rights of performing artists and
producers in the entertainment industry, including a comparison
between the situation in the U.S. and the EU, inter alia with respect to the
relative strength of the parties involved, as reflected e.g. in collective
agreements and the role of trade unions, branch organizations etc.;
problems of international contractual law in the entertainment industry;
protection of merchandising property.
Privacy and Publicity
Protection of privacy, including protection of private data; personality
merchandising under U.S. law with a comparative view to relevant EU
legislation as well as national law in selected EU countries, particularly
in Germany and in the United Kingdom.
© J. Straus
Time Schedule
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Deadline for applications May; open end in 2003
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Admissions July; open end in 2003
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Begin of Semester October 2003
© J. Straus
Exams & Diploma
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Written and oral exams – 48 ECTS Points
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Master Thesis
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Diploma issued by University of Augsburg in cooperation with GWU, TUM and MPI
© J. Straus
For Free?
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Unfortunately not
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Tuition 23.000 €
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Lodging secured for a limited number of students
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Social events organized
© J. Straus
Thank you
and see you in Munich
next Fall!
© J. Straus
Curriculum (continued)
Taxation of E-Commerce
Entrepreneurship
Broad coverage of entrepreneurial issues in privately held
companies, focusing on fast-growing high-tech ventures where firm
value is highly dependent on intellectual property, with particular
attention to start-up financing. The course combines lectures and
discussions with expert guest speakers.
Managerial Finance
Introduction to financial management issues in companies, most
importantly financial statement analysis, financial planning and
corporate control, with special emphasis on management issues of
intellectual property companies. The course combines lectures,
discussions and case studies.
© J. Straus
Curriculum (continued)
Start-up Companies & Intellectual Property
Intangible Assets Valuation
Consideration of approaches to the valuation of various types of
intangible assets, such as patent rights, copyrights and brand
names, in the course of licensing negotiations, valuation of startups, mergers, acquisitions, and general strategic planning.
Emphasis is placed on a detailed understanding of theoretical
underpinnings as well as the actual execution of IA valuation tasks.
Practitioners from the IP community will be involved to provide
hands-on experience in asset valuation.
© J. Straus
Curriculum (continued)
Current Issues in IP Management (I)
An introduction to appropriate techniques for managing, valuing,
selecting and processing intellectual property projects, based on the
premise that intellectual property is in fact created through projects,
such as research projects that lead to patents. The course will combine
lectures, discussions and case studies.
Current Issues in IP Management (II)
Innovation & Technology Management
Innovation Policy
Analysis of the theoretical rationales underlying innovation policies and
the institutional implementations of those policies in various nations
and supranational organizations, including consideration both of the
crucial roles of intellectual property rights systems and of the problems
they create. Consideration of intellectual property systems in
conjunction with other elements of innovation policies, such as
subsidization of R&D, tax incentives for innovation activities, and
preferential treatment of particular sources of finance (e.g., private
equity, small business loans for innovation projects); quantification of
the economic effects of these policies.
© J. Straus
Curriculum (continued)
Practical Training in Media Law
Practical cases in media law, with a special view to problems
occurring in a networked environment. Drafting of contracts, in a
national as well as an international context; implications of legal
choices in a variety of regulatory frameworks for the production
and transmission of protected content; problems resulting from
technical protection measures with respect to access to
information; discussion and analysis of recent decisions and legal
developments, e.g. with respect to the EU-Infosoc directive.
Advanced Copyright Problems
Analysis of problems in selected copyright and adjacent areas,
such as overlaps between copyright and other types of IP rights,
and the consequences of media convergence; public policy aspects
such as the recent debate on public domain; practical issues such
as digital rights management in an international environment.
© J. Straus
Curriculum (continued)
Internet and Communication Law
Law and institutions governing telecommunications as well as
internet structures, particularly in the U.S.; liability of ISPs,
legal regulation and practice with respect to typical internet
problems such as spamming, linking, framing; domain name
conflicts and other types of IP infringement related to the
internet; jurisdiction issues.
Taxation of Intellectual Property
Domestic and international aspects of intellectual property
taxation; tax treatment of royalties and artistic or scientific
services; EC developments.
© J. Straus