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.

Related briefings

Recent financial market regulation developments

With entry into force of the Financial Institutions Act (FinIA) and Financial Services Act (FinSA) and the implementing ordinances, especially active asset managers and Swiss and non-Swiss financial service providers must cope with various new affiliation and registration deadlines. Given the authorities now have set the framework, the financial institutions have to take action within the next couple of months.

AMLA and DLT: current political developments

The AMLA is one of the fastest changing laws in Switzerland. Fundamental amendments are made to it practically every year. Just a few days ago, the Council of States voted on two draft laws which are of great importance for many economic players in Switzerland.

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.

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.

Latest Briefings

Focus on Northern Ireland

As with other parts of the UK, the last 18 months have seen a period of exceptional market activity in the living sector in Northern Ireland, despite the economic challenges of Covid. Much of that activity has in fact been driven by the societal challenges and behavioural shifts brought about by the pandemic.

Canadian ESG for investors and lenders

Gowling WLG and Export Development Canada hosted an engaging virtual panel discussion focused on Canadian ESG in investing and lending. The panel touches on ESG in the context of our current market, as well as key considerations and upcoming developments in Canadian ESG.

Is this the end of rugby as we know it?

In the summer, new guidance was introduced for professional and amateur footballers to reduce the number of headers allowed in training and in use during a game. This followed an investigation into the impact of this move on the long term brain health of football players and a potential link to brain damage was raised.

Supreme Court of Canada on contract interpretation: Lessons from Corner Brook (City) v. Bailey

The Supreme Court of Canada (SCC) decision in Corner Brook (City) v. Bailey provides helpful clarification and direction respecting the interpretations of contracts. The case arises in the context of the interpretation of a release. However, it has significantly broader application and reaffirms the contextual approach to the interpretation of contracts previously articulated in the SCC’s 2014 decision in Sattva.

Predatory marriage conference

Earlier this month, The Institute for Policy and Engagement at the University of Nottingham ran an in-depth virtual conference discussing the need for action on the issues surrounding predatory marriage.

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