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Dr. Martin Stierle

Summer Semester 2021

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Dr. Martin Stierle is an Assistant Professor at the Chair of Civil Law, Intellectual Property Law and Competition Law of the LMU Munich. Martin Stierle studied law with additional training in economics at the University of Bayreuth, the University of Vienna and the University of California, Berkeley School of Law. He was a fellow of the DFG Research Training Group "Intellectual Property and Public Domain" at the University of Bayreuth and a Research Assistant at the Berkeley Center for Law & Technology. After admission to the bar in New York State, he completed his legal clerkship at the Higher Regional Court of Munich. In 2017, he received his doctorate from the LMU Munich with a thesis on patent law.

During his stay as Junior Researcher in Residence at the Center for Advanced Studies he works on "The Paradigm of Exclusivity in the Crisis: A Pandemic- Related Analysis of Innovation Law". Innovation law must make a significant contribution in the fight against COVID-19, as an urgent need for innovation in the life sciences has been created. Intellectual property as an essential part of innovation law is based on the exclusivity paradigm as a central innovation mechanism. However, exclusivity-based concepts seem to be diametrically opposed to a joint fight against the pandemic. Free flow of information and joint measures by all forces are for many the urgent imperative of the hour. Therefore, the exclusivity paradigm is currently subject to criticism. The planned project wants to critically examine the exclusivity paradigm of intellectual property rights against the background of the COVID-19 pandemic. It will proceed based on two research questions: Firstly, the law will be analyzed to determine whether there are sufficient restrictions on the exclusivity of intellectual property rights to meet the public interest in a pandemic or  comparable state of emergency. Secondly, it will be investigated whether the current legal framework provides beneficial structures to enable open innovation.

Visiting Fellows

  • Dr. Henning Grosse Ruse-Khan
    (University of Cambridge)

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