Research Studies – a Selection
Empirical Legal Research
Empirical Legal Research expert opinions are generally available only to the clients / their lawyers or to the courts / the parties and their content is strictly confidential. For this reason they are mostly not published, so no single study can be named here. However, one example from trademark law in Germany may be cited: the long-term “Sparkassen RED” case before the German Supreme Court with regard to distinctiveness of the colour RED in 2016, in which the Pflüger Rechtsforschung reports played a decisive role. In addition, an example from cartel law in Austria, which was also mentioned in the media. There, our expert opinion on the question of whether a film constitutes a (relevant blockbuster) market, based on a survey of cinema programmers, played the decisive role in changing the case law in Austria which had been in force until then.
Research into Legal Facts
For the original German study titles please refer to the corresponding page in German.
- The Use of Computers – an investigation into the extent of the use of commercially purchased computers, particularly of relevant copies of copyrighted content (commissioned by the Arbitration Board under the Law on the Administration of Copyright and Neighbouring Rights at the German Patent and Trademark Office)
- The Number of Private Copies subject to Copyright Law – an investigations into the scope of use of privately and commercially purchased computers, printers, fax machines, multifunction devices and scanners for copying copyrighted content (commissioned by BITKOM)
- Research into Legal Facts concerning the Law for the Protection of Employees (Beschäftigtenschutzgesetz) – a study of the awareness and impact of this law on operational practice and problems with its implementation (commissioned by the Federal Ministry for Families, Senior Citizens, Women and Youth)
- Acceptance of New Public Telephones – research into legal facts (commissioned by Deutsche Telekom AG)
- Reform of the State Liability Law – research into legal facts concerning state liability cases and the additional costs of amendments of the new law in case of its implementation (commissioned by the Minister of Justice)
- Professional and Administrative Rehabilitation of Citizens of the Former GDR (East Germany) – two [non published] studies (commissioned by the Federal Minister of Justice)
- The Flood of Law Suits at German Civil Courts – study of the reasons for and background to the flood of law suits in the period 1921 - 1934 (A. Pflüger, doctoral thesis)
- Research into Legal Facts concerning the Use of Single Sitting Judges – study on the assignment of cases from chambers to single sitting judges; research project by Professor Rottleuthner with the collaboration of Almut Pflüger, FU Berlin, Institute for Research into Legal Facts (commissioned by the Federal Ministry of Justice)
- The Utilization of Lawyers’ Services – Infratest / Prognos study (commissioned by the Federal Ministry of Justice and others).