IP Management Pulse #3

Your inbox-insider from Prof. Wurzer every two weeks

Hi ,

Here are the topics of this issue:
IP helping SMEs to beat corporate Goliaths. IP strategies in creative industries. The role of sound marks in IP strategies. Plagiarism for digital solutions. AI and creativity. IP support for SMEs by the EU. Innovation management and ESG. IP for functional yoghurts. Brand valuation approaches.
I wish you an exciting and informative read. I look forward to your comments and our exchange on LinkedIn.
The most discussed LinkedIn post
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How can David win against Goliath in patent infringement cases?

What is the opposite of a Christmas fairy tale 🤔? A Christmas nightmare: sales stop due to IP problems shortly before Christmas Eve and that at Apple 😮!

The hectic discussion about the sales stop of the Apple Watch Series 9 highlights various very relevant developments in IP (risk) management
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Summary of the Discussion
Increasingly complex digital products harbour a greater risk of intellectual property infringement for companies that develop smart products. At the same time, such complex products are rarely developed alone, and intellectual property in collaborations also harbours risks if it is not handled clearly.
The discussion around this post revolved around the following topics:
  • When is the right time for companies to include IP in the product development process?
  • How to balance IP risks and cost for FTO searches in complex business models?
  • How can companies deal with faster development processes and are new IP tools a solution?
And here are some useful and further links:
"The 25 billion mistake!" post by Louis Cabonneau
Sales stop for Apple Watch Series 9 and Apple Watch Ultra 2
The LinkedIn Overview
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How to create IP strategies in the creative industries beyond copyright?
Is the party really over for Mickey Mouse 🤔? Does the trademark undermine copyright? You can now learn that from Disney 🧐.
And here are some useful and further links:
Disney is reinventing itself in the digital eco-system and wants a direct access to its customers
Patent protected customer experience at NETFLIX and Disney+: New research project at the MIPLM
Our Sponsor
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What is the role of sound marks in IP strategies?
Which invisible IP superpower connects Darth Vader, lightsabers, Tarzan and the Thermomix from Vorwerk 🤔? Sound marks 😲.
And here are some useful and further links:
The Vorwerk Thermomix case study on IP strategy
Overview of famous sound marks
Our Sponsor
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How does plagiarism for digital solutions look like?
How does “Plagiarism 4.0” work 🤔? You can learn that these days from the Chinese TikTok owner Bytedance 🙄.
And here are some useful and further links:
OpenAI bans TikTok company Bytedance from ChatGPT due to possible data theft
This Week In XR: OpenAI Suspends Bytedance
Our Sponsor
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Can AI be creative?
Do you want to know how inventive AI is 🤔? Then take a look at how large language models discover new knowledge - in mathematics, for example 😯!
And here are some useful and further links:
How Google DeepMind FunSearch works
Training at Bauer: Digitalization of the construction industry with IP-design
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Whom to follow on LinkedIn
Andreas Sætre Hanssen shows on his LinkedIn profile real life case studies from Norway and beyond and also documents how IP disputes unfold over time. Examples are the interesting case of Norwegian ski-binding producer Rottefella AS or the developments around the USB-C standard for Smartphones in the EU, where he provides you with the IP perspective of the businesses.
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Didier Patry presents on his LinkedIn profile the role of intellectual property in many emerging tech fields and industries, such as AI, electric vehicles, robotics and many more. He does this with practical case study examples of successful companies and companies about to enter international markets. One example of this are his recent LinkedIn posts on the emergence of the Chinese car industry.
Deep Dive
SME in Horizon EU projects – IP Support by HORIZON IP SCAN
By Udo Gennari, Senior Project Manager at Business Upper Austria

The HORIZON IP SCAN project started in 2021 and was conducted in 27 European countries, with a choice of local experts often done by national intellectual property offices, as e.g. in Germany and in Austria. I have been chosen as local IP expert by the Austrian Patent Office early in 2021, together with 3 other Austrian local IP experts.

The satisfaction reports showed an optimal satisfaction of the SME needs in my services, and therefore my overall impression was that this service really helped to improve IP management for the SMEs and thereby also increased the success rate of EU funded projects, especially regarding exploitation.
Innovation Management and ESG
By Henry K. H. Wang, President of Gate International

Innovation Management and ESG (Environmental, Social, and Governance) are two very important modern concepts for both the business and academic worlds. Global experiences from leading international sustainable companies have shown that these two important concepts can have significant interconnections with each other. In addition both of these two concepts are also very important for the global joint efforts to mitigate climate change.

Global experience has shown that combining innovation management and ESG should enable sustainable companies globally to create more innovative solutions that will not only drive successful business growths but also contribute positively to society and the environment. It will also help to foster a culture of responsible innovation plus help to promote the corporate blend and reputation globally.
Our Sponsor
The IP world in a picture
How to create IP strategies for functional yoghurts?
People are increasingly looking for foods which solve their health problems. In recent years, manufacturers have developed products with additives they claim to be beneficial for people’s health and wellbeing. This has resulted in a new category of products referred to as “functional foods” – and probiotic yoghurt has pioneered this revolution.

Probiotic yoghurt contains specific bacterial cultures which supposedly promote their consumers’ health. Most people are unaware of what probiotics actually are. French food manufacturer Danone recognized the opportunities provided by a “little bottle full of bacteria” early on and developed Actimel with an intriguing IP strategy.
Event tips
LinkedIn LiveTalk with Dr. Udo Gennari about IP support for SMEs in the EU.
The MIPLM 23/24 starts in the last week of January with a week-long presence module in Strasbourg at the CEIPI. On 30th January Dr. Robert Klinksi will give a dinnerspeach, which will be also published on our blog.
IP-Management Learning
To value a brand, it is first important to understand what the value of a brand is. The common definition of value states that the private economic value of a brand is determined from the future economic benefits that arise from its use. There are several important aspects to this definition. First of all, it should be noted that the aim is to determine an economic value. This means that the value of the brand expressed in monetary units should be determined. It is also possible to evaluate a brand qualitatively and determine, for example, its awareness among customers, or the loyalty of customers with the brand. However the results of qualitative evaluations are usually as well considered in the form of valuation parameters.
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