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Swiss IP News – July 2020

An update on new decisions, the relevant legislative process and other trends in the fields of intellectual property and unfair competition law from a Swiss perspective.

Well-known trademarks in the context of a product’s culinary origin

The Swiss Federal Administrative Court (SFAC) recently clarified (B-622/2018, 8 June 2020) that the “relevant” public, in a legal meaning, for (traditional) pastries comprises all consumers and professionals residing in Switzerland irrespective of the culinary origins of such pastries.

Swiss Federal Supreme Court follows the practice of EPO’s Board of Appeal on singling out

In a recent decision (4A_613/2019, 11 May 2020), the Swiss Federal Supreme Court (Supreme Court) followed the practice of the Board of Appeal of the European Patent Office (EPO) as it held that the singling out of single features from two separate lists of features and therefore the combination of these  two specific features constitutes an extension of the subject-matter of the patent application leading to its nullity.

Merck vs MSD – When is online use considered use in Switzerland?

In its landmark decision of 29 April 2020, the Swiss Federal Supreme Court held that the online use of a trademark or other sign must have a commercial effect in Switzerland for such use to be considered use in Switzerland. A global website targeted at a worldwide audience may have a commercial effect in Switzerland.

What does Schrems II mean for the transfer of employee data by Swiss businesses abroad?

In its long-awaited landmark decision «Schrems II», the CJEU invalidated the EU-US Privacy Shield while imposing additional requirements on the use of Standard Contractual Clauses. The decision also has implications for Swiss employers when transferring employee data to countries without an adequate level of data protection.

Latest Briefings

Startup Series – II – Building Your Company

I. INTRODUCTION TO BUILDING COMPANY FOR STARTUPS In the first article of our startup series, we have mentioned crowdfunding, which is a contemporary and interesting topic, and dwelled on the conditions of using crowdfunding as an alternative financing source in your company. For the second article of our series, we want to turn our course back a little bit, to the period when your ideas and your startup are slowly maturing. One of the most important questions in mind during the initial period when there is no legal entity yet when there is just you and perhaps your partner, your opinion and effort are undoubtedly “Will we establish a company?”

Why now is the time for a first-class outsourced switchboard

Where others see obstacles, let us see opportunities. Now we are starting to move back into our offices, we’re all looking for ways to make improvements and savings. Especially with additional measures in place to receive staff and visitors. Here is how outsourcing your switchboard can greatly improve your front of house team. And ultimately, your firm’s operations.

Employers should prepare for long-term changes to the world of work

There are of course many negatives arising from the crisis presented by COVID-19. However, there could be real benefits for businesses and their staff if we take some of the opportunities that have been presented and do not just look to revert to the old ways of doing things.

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