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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.

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.

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.

Latest Briefings

What role does HR have in protecting staff in the physical workplace?

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 […]

The end of normal? Law firm survey 2020

Our 2020 law firm survey, developed in association with The Lawyer, reveals many law firms were ill-prepared for the seismic shock from the coronavirus outbreak. The crisis has cast an uncomfortable light on firms with poor financial management or without the necessary technology infrastructure. The pandemic already appears to be widening the gap between law firms, with some now under real pressure.

Covid-19 Update – Coronavirus, domestic abuse and legal action

The difficulties with court listings and the inability to hold hearings in a normal fashion has now been underway for 6 months. The recent guidance set out in ‘The Road Ahead’ shows there is no likelihood of that changing in the near future. This means there has had to be a reconsideration of what delays are acceptable and what reasons are sufficient to delay final decisions being made for children.

The rule of six: Legal obligations on food and drink businesses in England

Whilst we have very quickly become familiar with the “rule of six”, regulations come in to force today placing a further legal obligation on businesses in England that serve food for consumption on the premises to ensure that, save for in limited exceptions, bookings of more than six people are not accepted.

Landlord’s remedies and COVID-19 – has the pendulum swung too far?

As another week draws to a close, in a time when every day seems to bring unexpected – and often unwelcome – news, the landlord community is reeling – albeit perhaps largely in a somewhat unsurprised and resigned fashion. This is due to the latest announcements from the government affecting the commercial landlord and tenant relationship.

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