Related briefings

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.

Mandatory disclosure of cross-border arrangements: How are Swiss-based international groups affected by DAC 6?

The latest amendment to the EU’s Directive on Administrative Cooperation (DAC 6) requires the mandatory reporting of certain cross-border tax arrangements and the subsequent automatic exchange of such information within the EU. DAC 6 is based on BEPS Action 12 and its purpose is to increase tax transparency by identifying arrangements that involve aggressive tax planning at an early stage.

Latest Briefings

Recent Commercial Court decision highlights the importance of strict compliance with claim notification provisions in share and business sale and purchase agreements

In a recently delivered decision, Dodika Limited & Others v. United Luck Group Holdings Limited [2020] EWHC 2101 (Comm), Mr Peter MacDonald Eggers QC (sitting as a Deputy Judge of the Commercial Court) has ruled that a notice of claim under a tax covenant contained in a share sale and purchase agreement (SPA) failed to comply with the requirements of the claim notification provisions in the SPA. As a result, a sum of USD 50 million held in escrow was liable to be released to the SPA sellers.

Cyber security: Proactivity vs reactivity

Worried about the rise in cyber crime? Peter Yapp explains to Counter Terror Business Magazine how to “expect the unexpected” and get proactive when it comes to cyber security.

Fragmentation on TUPE business transfers – Splitting the difference

A recent case heard by the Court of Justice of the European Union (CJEU) – ISS Facilities Services NV v Sonia Govaerts & Atalian NV – has looked at what happens when a transfer takes place under the Acquired Rights Directive (ARD) where there is a transfer from a single business to multiple incoming businesses, i.e. post-transfer ‘fragmentation’.

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