Section 04

IP Strategy and IP Organisation

Fabry, B.
Keeping what’s yours – Does it still make sense to keep inventions secret?
Epi Information 64, 2004

If it is considered that the right to prior use and, respectively, continued use does not exist in some countries, and if it does, is attached to various conditions, the legislature in the core countries of Europe provides the patent owner with tools like the reversal of the burden of proof or the direct gathering of evidence to discover infringements that are otherwise difficult to detect, and the probability to keep trade secrets safe over a long period of time is poor, there are good reasons to see that non-disclosure is a big exception and should not be made a rule, regardless of the likely outflow of know-how.

Fabry, B.
Harmonization of case law in Europe
GRUR 7, 2008

There is an urgent need to harmonize the European jurisdiction in the field of industrial property rights when taking the increasing complexity in assessment of injury risks into account especially when it is up to sufficiently determine the increase to be exptected regarding the amount of compensation conferred by courts und the high uncertainty on predicting a patent litigation’s result when different national courts within Europe are concerned.

Fabry, B.
Entwicklung und Implementierung von strategischen Patentportfolien
Notice of German Patent Attorneys („Mitteilungen der Deutschen Patentanwälte“) 421, 2005

Offensive patent strategies and an effective patent management are absolutely essential for the commercial success of innovative companies. This specifically includes premature and conceptional filing; setting of broad and not essentially new claims; hedging of basic application through patent networks; strengthening of own position through granting of cross licenses and an intelligent combination of different types of property rights. This approach must be supplemented through an optimized cost-saving strategy in which the patent protection in core markets and the enforcement of respective property tight as well as the temporal and territorial cost factors take center stage. Just through the interplay of optimized filing strategy and minimized costs, a patent protection is created that is worth its money.

Fabry, B.
Integrated IP-Management
In: Study trip Intellectual Property, Management Circle 2006-2012