Profile: Ansgar Ohly
In our ”Profile” series we present prominent professionals from the field of intellectual property rights. For this issue we interviewed Dr Ansgar Ohly, professor of Civil Law and Intellectual Property Law at the University of Bayreuth.
What is your most significant achievement regarding intellectual property rights?
Many undergraduate students and doctoral students, whom I have trained and supervised at the University of Bayreuth, have developed a keen interest in intellectual property issues. Some of them have been employed by the German state or by leading law firms. This is probably my most significant achievement. But I also hope that my publications, in particular those on the interface between IP law and unfair competition law and on patent trolls, have contributed to a perception of IP law which stresses the need for a fair balance between IP protection and the public domain.
What got you initially interested in the intellectual property rights?
In my LL.M. year the University of Cambridge I had chosen three out of four subjects, but I was still looking for the fourth one. At that point a colleague suggested that I should try Professor Cornish’s IP course. I did, and the subject and Professor Cornish’s international and intellectually stimulating approach immediately caught my interest.
Is there need for further harmonisation of the legislation concerning intellectual property rights in the European Union?
Yes, there is. Although harmonisation has also produced some suboptimal results, it is inevitable in the long run. I think that the time is ripe for the creation of an EU patent, for a full harmonisation of copyright law (perhaps along the lines suggested by the Wittem Group) and for a harmonisation of the law of unregistered signs and of B2B unfair trading law.
What should be the main focus and goal of IPR research?
First, as mentioned above, we should try to achieve a fair balance between IP rights and the freedoms of competition, expression and the public interest in access to knowledge. Secondly, academics should observe the process of European harmonisation critically and make suggestions and comments. In this context we should, thirdly, look for common European principles of IP law.
If you were a dictator who could change the outcome of any decision in the field of intellectual property rights, which decision would you choose to change?
Let me rephrase the question: if I were a wise judge on the EUCJ, and if my advice carried persuasive authority, I would convince my colleagues to reverse the L’Oréal decision. In particular I would urge to regard the origin function as the principal trade mark function and to draw a fundamental distinction between trade mark use which causes confusion on the one hand and ”referential use” on the other hand.
What do you personally consider as the most important issue governed by intellectual property rights, regarding for example your work?
Intellectual property rights stimulate innovation, cultural diversity and market transparency. Hence they have never been more important than at the beginning of the 21st century. But they are no ends in themselves. We should remain aware of their respective justifications and resist attempts to overstretch them.
Ansgar Ohly
o Born 1965
o Title of doctoral thesis (1997) ”Case Law and General Clauses in Unfair Competition Law – English and German Methods of Legal Reasoning Compared”, title of habilitation thesis (2001) ”Volenti non fit iniuria – the doctrine of consent in private law”
o Professor, Civil Law and Intellectual Property Law, University of Bayreuth
o Visiting Professor, Faculty of Law, University of Oxford
o Speaker (since April 2011) of the Graduate School Intellectual Property and the Public Domain, University of Bayreuth, Germany
o Main fields of academic interest: the basic principles and the various areas of intellectual property law, the law of unfair competition and the rights of personality and privacy. Especially interested in the comparison of civil law and common law systems.
