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.
Mozambican legislation regarding shipping.
A recent ECJ decision in ISS Facility Services v Govaerts has added another layer of complexity to TUPE transfer situations involving multiple transferees. We discuss the facts of this case and its impact for transferors and transferees alike.
In Engie Fabricom (UK) Limited v MW High Tech Projects UK Limited the TCC determined that the parties to a sub-contract did not have the statutory right to adjudicate, having regard to exclusions set out within the Construction Act.
Recently we hosted a webinar delving into the recent Schrems II judgment of the Court of Justice of the European Union (CJEU). Perhaps unsurprisingly, there were many questions from attendees.
Just as employers are getting to grips with flexible furlough, yet more changes have been announced in respect of the Coronavirus Job Retention Scheme (CJRS). We examine the impact of these changes for employers.
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A total of 27 staff from BT Legal, which was acquired by DWF last year, have been made redundant. The group left in June seven months after moving from the company’s claims and corporate property team to the law firm. The reason, stated in a Communications Union release, boils down to the fact that the […]
For the first time, The Lawyer has put together a comprehensive list of global disputes being heard in 2021, with six of the top 20 held in London. The list of cases, which features as part of the Global Litigation 50 report, covers all manner of disputes whether it is a commercial tussle in London’s […]
Parties from the United States and Switzerland are competing over a six-figure sum sitting in Stephenson Harwood’s bank account, with the firm taking up a bit-part role in an ongoing High Court clash. A total of $570,000 is at the heart of the scrap between the estate of late US lawyer, Irving Kagan, and Swiss […]
Charles Russell Speechlys new managing partner Simon Ridpath has put forward a series of objectives for his tenure, as the firm revealed a dip in profits and rise in revenue for 2019/20. In the financials, net profit and profit per equity partner (PEP) dipped by 3 and 5 per cent respectively, from £29.6m to £28.7m […]
Goodwin has orchestrated a rota system to slowly bring back lawyers to its London office. The UK arm of the US firm has kept its London outpost open for about two weeks for a limited number of employees and on a voluntary basis. It followed a thorough risk assessment that gave the greenlight for the […]
Charter Chambers is to close its doors from 30 October, due to the coronavirus pandemic combined with the impending sale of its premises. The criminal set, which is home to 47 barristers including six silks, as well as seven clerks, has occupied 33 John Street for 15 years. It is owned by a Pension Trust […]