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.
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.
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.
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.
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.
The screening of foreign direct investments (FDIs) has been a hot topic for some time now across CEE (as also covered here). Several jurisdictions have adopted stricter measures of scrutiny allowing for the vetting of transactions potentially posing security risks. In line with this trend, the Romanian Competition Council has put forward new draft legislation aimed at tightening the existing FDI screening rules. This draft is subject to public debate until 6 October.
The Government has extended its moratorium, preventing the eviction of commercial tenants for non-payment of rent, until the end of 2020.
Collyer Bristow LLP were instructed by Trattamento Rifuiti Metropoliani SpA (“TRM”) in proceedings issued by BNP Paribas SA (“BNPP” or the “bank”).
By Shaun Zulafqar As the world begins to move out of lockdown measures in response to COVID-19, companies and their boards will begin to reassess their business continuity plans not only to further strengthen them in the event of another incident or a second wave but also to identify lessons learned and develop narrative reporting […]
An increasing number of businesses are choosing to return to the physical office, whether that be once or twice a week, or full time. Either way, it is vital that employers ensure that the work environment meets the strict health and safety standards necessary in order to avoid outbreaks of COVID-19 amongst staff members. This […]
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The Lawyer Awards is going virtual for 2020! The ceremony, in association with Travelers, will take place online on the afternoon of 3 November. Visit the awards website to register. Who is in the running for the coveted awards in 2020? The full shortlist is below… Barrister of the year Allison Clare, Red Lion Chambers […]
Two senior lawyers have resigned from DWF’s advocacy division, The Lawyer can reveal; a group set up in 2017 to provide clients with an alternative to the external Bar. Jonathan Robinshaw and Sahar Farooqi are both set to leave the firm, having held the titles of head of advocacy and director of advocacy respectively. Robinshaw has […]
DWF’s Brussels team is set to join Crowell & Moring, after the former closed its Belgian outpost as part of a wider restructuring exercise. Head of DWF’s WTO & international trade practice Vassilis Akritidis will join Crowell on 1 October with associate Lorenzo Di Masi. It is understood that at least one other associate is […]
Osborne Clarke has pledged to reimburse reduced salaries if the firm hits its year-end targets, after introducing the measures to combat the financial pressures of the pandemic. The firm implemented several cash conserving measures in May to help it manage the impact of the lockdown, including a seven per cent pay cut for staff earning […]
After announcing growth in both turnover and average profit per equity partner (PEP) for 2019/20, Russell-Cooke has confirmed it is repaying staff who took pay cuts over lockdown. Reduced salaries in line with fewer working hours was just one of the Covid-19-related measures introduced by Russell-Cooke in spring, as the firm also deferred partner profit […]
Outer Temple has voted in a new head of chambers, following the retirement of Christopher Gibson QC earlier this year. Gibson will be replaced by Sarah Crowther QC – who is the set’s first female head of chambers. She has also been appointed as Outer Temple’s head of health. Crowther was called to the Bar […]