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Dr. Esther Pfaff

LL.M. (University of London) German Attorney-at-Law Rechtsanwältin
Specialized in Intellectual Property Law
  • Solution oriented with a clear and pragmatic business focus
  • Special expertise in advising biotech and pharma businesses in all IP matters, including pharmaceutical data exclusivity and other regulatory incentives
  • A mediator at the interface of law and technology

Services

  • Consulting on legal intellectual property matters across all technical disciplines
  • Advising start-ups, innovative businesses, research institutions and inventors on their path from idea to product
  • Special expertise in consulting pharma and biotech companies/start-ups
  • Drafting and negotiating complex licence, R&D and related project/IP agreements

  • Advising on German trade secret protection laws (“GeschGehG”), non-disclosure agreements

  • Due diligence involving IP agreements 
  • Advising on German employee invention laws (“ArbnErfG”)/unfair competition law
  • Training for in-house IP management, e.g. on effective trade secret protection, strategies to prevent inventor disputes, etc.
  • Legal support for applications for public/EU funding/public procurement law

Professional Background

Experiences

  • Since 2024: Founder of the law firm The IP Fox, legal adviser in industrial property matters and mediator

  • Since 2023: IP adviser at FELEX  – the International Group of Legal Experts on Fusion Energy  (by the European Organization Fusion4Energy)

  • 2022–2023: In-house senior legal counsel at the fusion energy start-up Marvel Fusion; drafting and negotiating cooperation and licence agreements; legal advice on employee invention law; strategies for trade secret protection and public procurement law

  • 2010–2022: IP counsel at the IP boutique Hoffmann Eitle in Munich, advising German, US and Japanese clients on patent law, competition law, licensing and contract law for universities, research institutions, start-ups/SMEs as well as global companies, with a focus on the fields of pharma and biotech businesses; co-founder of the Hoffmann Eitle mediation department 

Education

1999–2010:

  • Law studies at the University of Münster (Germany), doctoral thesis on pharmaceutical data exclusivity laws
  • Study year in Geneva and LL.M. studies at Queen Mary College, University of London
  • Admission to the German bar in 2010
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My passion for mediation

began during my early years as an attorney, when I realized that classic contract negotiations and court litigation are frequently insufficient tools to achieve a satisfactory outcome for the parties. In a modern business environment, communication pathways are often not sufficiently established to resolve complex issues via a party negotiation. Litigation is time- and cost-intensive and focuses on specific questions of law – the real work to resolve the dispute and restructure the business often only begins after a decision has been obtained, adding further time and costs.

Since 2015 I have acted as an IP mediator

and as a party representative in multiple mediation proceedings, including inventor’s disputes, a dispute over a licence agreement between a German university and its spin-off, and a global patent dispute between a German pharma and a chemical company over patent rights to a pesticide. 

I’m also an active mentor for IP mediators of the Eidos Network in Munich.

Mediation

In a mediation procedure, a neutral intermediary – the mediator – helps the parties reach a mutually satisfactory settlement of their dispute. Any settlement is recorded as an enforceable contract. 

Experience shows that intellectual property litigation often ends in settlement. Mediation is an efficient and cost-effective way of achieving that result while preserving, or even enhancing, the relationship of the parties. 

The Principle Characteristics of Mediation:
  • Mediation is a voluntary procedure controlled and designed by the parties
  • Mediation is a confidential procedure
  • Mediation is an interest-based procedure

Mediation is a suitable dispute resolution mechanism for all types of IP-related conflicts. Please do not hesitate to contact me if you are wondering whether mediation could help you in a specific conflict.

Contact

Dr. Esther Pfaff

LL.M. (Universitiy of London) German Attorney-at-Law Rechtsanwältin

 email: epfaff@the-ip-fox.com

phone: +49 (0)1577 444 5488