[IP]² is a student initiative administered by PhD candidates at the International Max Planck Research School for Competition and Innovation (IMPRS-CI). Its objective is to further an intellectual property dialogue between industry and academia. The [IP]² series provides the IMPRS-CI with an environment to exchange ideas about pressing real-world issues in a manner that is beneficial to both our students and partners.
Mutually Benefiting Students & Partners
At the IMPRS-CI, we recognize the importance of strengthening the bond between theory and practice, and we seek to facilitate the exchange of ideas in intellectual property law, economics, and management. This dialogue produces numerous benefits for our students and partners. First, it gives students an insight into the most pressing intellectual property issues that challenge industry. Second, it provides students with an ability to evaluate their research in the light of those concerns. Finally, it helps to educate students about everyday business activities.
On the other hand, our partners also derive valuable benefits from the collaboration. First, it allows our industry partners to learn about innovative solutions being developed by IMPRS-CI students to their challenges. Second, the dialogue provides our partners with an opportunity to impact the direction of academic research. Third, it offers our partners a rare opportunity to draw upon a highly knowledgeable group of scholars with diverse educational and cultural backgrounds.
Ways to Interact with [IP]²
In the light of these benefits, the IMPRS-CI fosters this exchange in two different formats. First, the IMPRS-CI hosts a seminar series where experienced practitioners are invited to engage in a dialogue on intellectual property issues of practical significance. After a formal presentation by the guest speaker, there is time for questions and, if the guest speaker is interested, an informal gathering to continue the discussion. Second, IMPRS-CI students visit the workplaces of experienced practitioners and conjointly present their research for discussion. We firmly believe that either of these options provides the mutually beneficial dialogue we envision.
For further information, please contact: Thimo Pascal Stoll at email@example.com
Dr. Brandis held a presentation on „Adventure Startup – what makes the difference?“ based on his extensive experience as a Venture Capital investor at Earlybird, which he founded in 1997, and his previous role as a partner at McKinsey. Speaking to an audience of researchers as well as current and future entrepeneurs, Dr. Brandis highlighted the aspects that matter for startups. Interestingly, inadequate technology is the cause of only a very small number of startup failures. Too early market entry is more important, but the vast majority of start-ups fail because of deficiencies in execution. A high energy level, good analytics and gut feeling have to be combined with complementary team composition. He sees vast opportunities for today’s founder coupled with reduced risk - the cost of founding an internet company has declined sharply with the emergence of open source solutions and cloud based computing. IP protection only matters for some sectors such as biotech, while customer lock-in is much more crucial. Dr. Brandis currently sees a supply gap in Venture Capital, calling also for more public financing of startup companies in Germany.
Resale of software licenses and consequences of the CJEU decision in UsedSoft v. Oracle were in focus of the panel discussion, which took place on October 1, 2013 at the Max Planck Institute for Intellectual Property and Competition Law. The [IP]² Organizing Team invited the experts Andreas Meisterernst (Attorney at the law firm Meisterernst Rechtsanwälte, Munich and Councel of UsedSoft), Prof. Dr. Matthias Leistner (Director at the Institute for Trade and Economic Law of the University of Bonn), Prof. Dr. Jochen Schneider (Attorney at the law firm SSW Schneider Schiffer Weihermüller, Munich) and Dr. Oliver Wolff-Rojczyk (Councel of the Business Software Alliance und Partner at the law firm FPS Rechtsanwälte & Notare, Frankfurt). Nikita Malevanny, Doctoral Fellow at the MPI and member of the [IP]² Organizing Team, gave an introductory speech on the topic and moderated the discussion. The event was held in German language and attended by around 50 scholars, practicing lawyers and further participants. (Detailed Report (in German))
Our fifteenth seminar was held on June 25, 2013 and the speaker of the evening was Dr. Kai Brandt, Head of Patents Electrics/Electronics at Audi. Dr. Brandt is a qualified patent attorney. Prior to joining Audi in 2008, he worked for eight years at Siemens, holding various positions such as Head of Corporate Intellectual Property and Functions at Siemens China and Senior Patent Counsel at Siemens Germany. His presentation was entitled “Non-Practicing Entities (NPEs) in Practice”. Dr. Brandt elaborated on how NPEs, colloquially called patent trolls, target economically successful companies and threaten to hinder or hold up their production. Since today almost all industries, including car manufacturing, are based on modular information and telecommunication technologies (ICT), NPEs with their originally ICT-focused business models have become omnipresent. Furthermore, Dr. Brandt highlighted the peculiar case of the US judicial system which supports such business models. In the ensuing discussion with the attending researchers and guests, Dr. Brandt covered the role of negotiations, defense strategies and litigation in the context of NPEs.
The [IP]2 Organizing Team was happy to have Dr. Bertram Huber for the fourteenth seminar of the series on April 29, 2013. His presentation was entitled "Intellectual Property and Climate Change Mitigation". Dr. Huber is a principal of IP*SEVA (Intellectual Property for Sustainable Energy Ventures) which offers its services globally in the fields of IP strategy and technology contracts, including licensing and R&D collaboration. Previously, he has served in the IP division of the Bosch Group for over 20 years in various capacities, his last role being the Head of Corporate IP and the Senior Vice President at Robert Bosch GmbH. In his presentation, Dr. Huber talked about how global R&D collaborations are indispensable to tackle climate change challenges faced today. He elaborated on the contributions made by the private sector, by patent offices and highlighted specific proposals for the IP field such as improved patent-information systems and greening of patent laws. He concluded that global agreements and commitments are vital and, due to various systems and mechanisms already in place, a new paradigm for the prevailing patent regime is not needed to mitigate effects of climate change.
As the proposal for an ancillary copyright for press publishers is a topic of predominantly national scope, the panel discussion was held in German. Um das heftig umstrittene Gesetz zum Leistungsschutzrecht für Presseverleger ganzheitlich aus wissenschaftlicher wie praktischer Perspektive zu betrachten, lud die Initiative „[IP]² – Intellectual Property in Practice“ am 25. Februar 2013 die Experten Prof. Dr. Thomas Dreier (Leiter des Instituts für Informations- und Wirtschaftsrecht am Karlsruher Institut für Technologie), Dr. Robert Heine (Partner der Kanzlei RAUE LLP in Berlin), Dr. Georg Nolte (Justiziar der Google Germany GmbH), Stefan Plöchinger (Chefredakteur von Süddeutsche.de) und Prof. Dr. Rolf Schwartmann (Leiter der Kölner Forschungsstelle für Medienrecht) zu einer Podiumsdiskussion ein. Prof. Dr. Reto Hilty begrüßte das aus über 80 Akademikern, Anwälten und sonstigen Interessierten bestehende Publikum und führte mit einem Impulsvortrag in die Thematik ein. Dr. Kaya Köklü, Referent am MPI, moderierte im Folgenden die interaktive Diskussionsrunde. Die Podiumsteilnehmer sowie zahlreiche Wissenschaftler und Gäste aus dem Publikum nahmen im Anschluss an den offiziellen Teil die gebotene Möglichkeit zur Fortführung der Debatte in informellerem Rahmen wahr. (Ausführlicher Bericht)
The twelfth [IP]² seminar on January 29, 2013 was entitled “The ‘Burden’ of a Cult Brand”. The invited speakers were Jennifer Powers and Jorge Casals who are both IP Counsels at Red Bull. Ms. Powers started to work for Red Bull in 1999 and developed Red Bull’s Intellectual Property Department. She is involved in and responsible for all aspects of brand protection and brand enforcement worldwide. Mr. Casals joined Red Bull in 2008 and holds the position as Regional IP Counsel Europe. He is responsible for all European trademark infringement, counterfeiting, and unfair competition matters as well as licensing agreements. During their presentation and the following Q&A session, Ms. Powers and Mr. Casals provided interesting insights into Red Bull’s brand protection strategy which does not only encompass the enforcement of IP rights but also measures under competition law. They furthermore illustrated their daily work with cases, emphasizing in particular the challenges related to their blue/silver color trademark and counterfeit products in the secondary, non-beverage market. The participating researchers, students and experts showed particular interest in the way the Red Bull trademark team detects copycats, and what strategies they apply in settlement and litigation cases.
We were happy to welcome Dr. Carlos Härtel on December 3, 2012 for the eleventh [IP]² seminar. His presentation was entitled "Research in Partnership: Open Innovation and the Role of IPRs". Carlos Härtel has been Managing Director of GE’s European Research Center since 2007. In his position, he oversees the research and development activities of about 200 scientists and engineers working on a variety of topics ranging from medical imaging and micro-mechanical systems to turbo machinery, power conversion, engine technologies and manufacturing systems. With a number of patents and over fifty scientific papers, Dr. Härtel also serves as the Vice President of EIRMA, the European Industrial Research Management Association. In his presentation he talked about the synergies across applications of a wide range of technologies with the help of GE’s research partnerships and business-academic programs. Starting from the generation of an idea, he elaborated on ways to build technology project and partnership roadmaps that culminate in effective partnering along the value chain and ultimately deliver winning products and services. In a lively and thought-provoking discussion Dr. Härtel responded to several questions ranging from co-creation in differentiated innovation markets to dealing with complexities of managing IP in a multi-level open innovation ecosystem. (Website)
The tenth [IP]² seminar on October 30, 2012 was entitled “Siemens Technology-To-Business Centers: Our Flavor of Open Innovation and Aspects of Intellectual Property”. The invited speaker, Dr. Stuart Goose, had been the Director of Venture Technology at the Siemens Technology-To-Business (TTB) Center in Berkeley, California, for the last 8 years, before he recently moved to Munich to help establish a TTB Center in Europe. In his role, Dr. Goose is responsible for all aspects of the innovation process: scouting for innovative and disruptive technologies from universities, inventors, and startups; running projects to validate the technical and business merit of such technologies; and, if successful, transferring the technology and accompanying intellectual property to the relevant Siemens businesses for commercialization. During his presentation and the following Q&A session Dr. Goose elaborated on the TTB slogan “The world is our lab!”. The participating researchers, entrepreneurs and technology experts showed particular interest in the way Dr. Goose and his team identify promising technologies and how they structure deals encompassing intellectual property.
The ninth Intellectual Property in Practice seminar was organized on July 10, 2012. The objective of the seminar was to invite an expert to elaborate on the interplay of consumer goods and intellectual property. Christof Wolpert, Senior Patent Counsel of the adidas Group, gave an insightful talk on the topic “Play to Win – IP Strategies for a Fast Moving Consumer Goods Industry”. Mr. Wolpert joined the adidas Group in 1999 where he was instrumental in building the corporate IP department. Apart from advising the Executive Board, he is responsible for the strategic use of the company’s IP portfolio, clearance as well as the enforcement of IP rights. In his presentation, Mr. Wolpert gave insights into the work of an IP department in a ‘fast moving’ market where product cycles range from 9 weeks to 18 months, rendering issues of cross-licensing and long litigation processes less relevant than in other industries. Mr. Wolpert provided examples to illustrate how to be faster than the competitors to eventually “win the game”. He emphasized on the need to strike a balance between a good defense strategy (non-infringement of third parties’ IP rights) and a good offense strategy (stringent action against counterfeits). In the following discussion, Mr. Wolpert responded to several interesting questions addressing issues of patent strategies, litigation procedures, the role of IP rights in the field of fast fashion and the potential loss of reputation due to counterfeit products.
The eighth Intellectual Property in Practice seminar was organized on May 22, 2012. The objective of the seminar was to invite an expert in the field of pharmaceuticals to enhance our understanding of the ever increasing legal and competitive issues the industry faces. The guest speaker, Julia Pike, gave an insightful talk on the topic “Pharmaceutical Patent Litigation: Implications for Competition & Innovation”. Julia Pike was active with the European Generic Medicines Association and, in 2008, co-authored an important report entitled “Patent-Related Barriers to Market Entry for Generic Medicines in the European Union”. In 2009, she joined Sandoz GmbH (the generic subsidiary of Novartis) as the European Public Affairs Director and since 2010 she is the Head of Global IP Litigation at Sandoz. In her presentation, Ms. Pike noted some of the key elements of the generic patent strategy of pharmaceutical firms highlighting the regulatory, patent and marketing risks. She shed light on the generic perspective on patent linkage as a further barrier to generic entry and how litigation affects the overall pharmaceutical market. Ms. Pike responded to several interesting questions addressing issues of incremental innovation, data exclusivity, second generation products, and a unified patent court for pharmaceutical litigations among others.
On April 18, 2012 the [IP]² team was for the first time able to welcome a guest speaker from outside Munich. Mr. Claus von Riegen, Vice President Industry Standards and Open Source at SAP AG, presented his views on “Managing Multi-Source Software Development at SAP”. Working with the market leader for enterprise application software, Mr. von Riegen is responsible for the open standards and open source strategy across the complete product lifecycle. He drove the change at SAP to adopt a systematic, value-driven approach towards open source software. As a former member of the OASIS Board of Directors and the W3C Advisory Board, he also helped to define the standardization approach in the software industry. After Mr. von Riegen’s presentation, the attending researchers raised several interesting questions that reflected their diverse study backgrounds covering management, economics, law and computer science. The participants were particularly interested in the impact of different licensing models as well as in the challenges that SAP, a company known for its proprietary technologies, faces when integrating open source code in their products. Mr. von Riegen’s slides can be downloaded here.
The 6th [IP]² seminar took place on March 22, 2012. The invited speaker was Mr. Wulf Hoeflich, Head of Intellectual Property at EADS. Before joining EADS in 2004, Mr. Wulf Hoeflich, patent attorney by training, has worked in IP departments of several other companies, such as Knorr-Bremse, MTU and General Motors Europe. As EADS' current Head of Intellectual Property, Mr. Wulf Hoeflich also leads the EADS Technology Licensing Initiative. Mr. Hoeflich held a presentation with the title "EADS Technology Licensing". During his presentation and in the subsequent Q&A session, he shed light on the business of licensing out mature technologies from EADS’ patent portfolio.
The [IP]2 organizing team was happy to welcome Mr. Fritz Teufel on February 28, 2012. His presentation was entitled "Open Source and Software Patents: A Contradiction?". Based on his professional association with IBM spanning 37 years and his involvement in German and international IP organizations, Fritz Teufel has gained an international reputation as a renowned expert for intellectual property in IT-related inventions. Currently he is working with Bardehle Pagenberg, Munich. The presentation threw light on the apposite issue of licensing of IP portfolios by contributors to open source software. In this context, Mr. Teufel also highlighted the varying requirements of different license models. Using a combination of relevant case studies and case law, Mr. Teufel highlighted that it is nowadays a necessity that companies implement procedures compliant with open source software. The following discussion on the divide between proponents of computer-implemented inventions and open source software and ways in which they can coexist amidst the existing patent strategies was thought-provoking. (Website)
Dr. Riemer is the current deputy head of the legal department at GEMA, the German Society for Musical Performing and Mechanical Reproduction Rights. His current work focuses on the licensing strategy of GEMA. This licensing policy was therefore the subject of his seminar, entitled “Licensing of Online Rights by Collecting Societies in a Changing Legal Environment”, which was held on January 19th, 2012. His discussion focused on the role of collecting societies in licensing rights for the digital age within a changing EU legal environment.
The organizing team of IMPRS-CI students invited Dr. Jochen Volkmer, director of BMW's legal department for Trademarks, Designs and IP for their third [IP]² seminar. The title of Dr. Volkmer's presentation on November 30, 2011 was "Creating, Managing and Policing BMW Group Trademarks." Known for its eye-catching designs and sophisticated branding, BMW is at the forefront of the automotive industry. However, being an industry leader also brings certain challenges. Dr. Volkmer discussed these challenges with the participating scholarship holders and other researchers.
The second seminar of the [IP]² initiative took place on October 19, 2011. The invited speaker was Mr. Florian Müller (Wiki Link), former activist against software patents in the EU and currently analyst of IP disputes in the telecommunications sector. Mr. Müller is additionally the founder of the well-known FOSS Patents blog. Mr. Müller's presentation was entitled "Intellectual Property Litigation and Licensing in the Mobile Devices Industry". In this presentation and in the subsequent discussion, he provided valuable insights into current IP-related disputes as well as into his experiences as an activist. (Website)
The first [IP]² seminar was successfully held on June 28, 2011. The invited speaker was Prof. Dr. Wurzer. He is a managing director of Wurzer & Kollegen GmbH, a corporation for strategic management of property rights and technologies, as well as the director of the Institute for Intellectual Property Management at the Steinbeis University in Berlin. Prof. Wurzer’s presentation was entitled “Standardization Procedures and the Practice of Patent Valuation - A Look behind the Curtains". He outlined some of the theoretical difficulties involved in the standardization of patent valuation methodologies. Based on his experience as the Chairman of the committee on standardization of patent valuation at the DIN, the German Institute for Standardization, he also described some of the practical barriers caused by the strategic interactions between companies. In the open discussion after Prof. Wurzer’s presentation, he answered, among other questions, how academics could contribute more to help solving the current practical and theoretical problems in the field of patent valuation. (Website)