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.

Related briefings

2022 Predictions: Technology sector outlook

After the growth and successes of the tech industry in 2021, James Klein, head of the technology sector at Shoosmiths, shares his thoughts on emerging trends and a few areas where we may see developments in 2022.

Are non-fungible tokens property capable of being held on trust?

A recent High Court decision raised some interesting questions surrounding the property status of cryptocurrencies and whether they can be held on trust. We consider how certain comments in the judgment may have implications for the property status of NFTs.

Latest Briefings

Amendments to the constitutional documents for offshore companies listed in Hong Kong

The Hong Kong Stock Exchange recently made various amendments to its listing rules, which came into effect on 1 January 2022. These include its recently published consultation conclusions in respect of the Listing Regime for Overseas Issuers and the Review of the Corporate Governance Code and related listing rules, and the Housekeeping Rule Amendments.

What is eDiscovery software?

The discovery process in litigation requires that parties must exchange documents deemed relevant to the case. As most documentation is now created, stored and exchanged in digital form, this element of discovery has become known as electronic discovery – or eDiscovery – and has become an accepted part of legal systems worldwide.

TPR’s single code: what does it mean for trustees?

The Pensions Regulator has published a new draft code of practice to replace 10 of the 15 current codes. The new code is expected to come into force this summer. Here, we take a look at what the new code means in practice for trustees, what is new and what trustees should be doing now to comply

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