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  • Article

    Source Code Escrow

    SwitzerlandIntellectual Property
    Niederer Kraft Frey AG
    Niederer Kraft Frey AG
  • Article

    Swiss Council Backs Stronger IP Protection Against "AI Misuse"

    The Swiss National Council (NC) rejected the parameters originally proposed by the Motion 24.4596 "Besserer Schutz des geistigen Eigentums vor KI-Missbrauch" / "Better Protection...
    SwitzerlandIntellectual Property
    Schellenberg Wittmer Ltd
    Schellenberg Wittmer Ltd
  • Article

    Swiss Patent Applications Reach Record High In 2024

    Swiss patent filings reach record high in 2024, highlighting the country's innovation strength.
    SwitzerlandIntellectual Property
    MME Legal | Tax | Compliance
    MME Legal | Tax | Compliance
  • Article

    The Judge Punishes Those Who Come Too Late: Lack Of Trademark Protection Has Dramatic Consequences In The Künzli Case

    In the past few years, Künzli SwissSchuh AG was embroiled in several trademark disputes with the US shoe manufacturer K-Swiss. K-Swiss was established in the 1960s by two Swiss who emigrated to Los Angeles (the original founders are no longer involved in the company). K-Swiss initially imported Künzli shoes to the US (while Künzli imported American sneakers to Switzerland), then started producing its own shoes and eventually became one of the leaders in the casual shoe sector.
    SwitzerlandIntellectual Property
    MLL Meyerlustenberger Lachenal Froriep Ltd
    MLL Meyerlustenberger Lachenal Froriep Ltd
  • Article

    Software Resale Licensing Checklist

    A resale software license is where you the owner grant the right to another person (the reseller) to sell your software to other customers in a particular territory or sector of the market.
    SwitzerlandCorporate/Commercial Law
    Logan & Partners
    Logan & Partners
  • Article

    "Fruchtmonster" Partially Defeated By Opposition From The Trademark "MONSTER"

    The IPI finds a likelihood of confusion between "Fruchtmonster" and "MONSTER" and emphasizes the protection of distinctive brand elements for mass-market goods as well as the high bar for proving brand recognition.
    SwitzerlandIntellectual Property
    MME Legal | Tax | Compliance
    MME Legal | Tax | Compliance
  • Article

    MILLESIMA Versus MILLEZIMUS: No Likelihood Of Confusion For Wines, Spirits And Services Of Wine Bars

    The Federal Administrative Court recently had to decide whether the use of the sign MILLEZIMUS for wines, spirits and services of wine bars resulted in a likelihood of confusion with respect to the trademark MILLESIMA.
    SwitzerlandIntellectual Property
    MLL Meyerlustenberger Lachenal Froriep Ltd
    MLL Meyerlustenberger Lachenal Froriep Ltd
  • Article

    Qatar Airways Fails To Register Its Trademark

    The Swiss Administrative Court has upheld a decision of the Federal Institute of Intellectual Property (FIIP) in which the latter had refused to register the word mark QATAR AIRWAYS.
    SwitzerlandIntellectual Property
    MLL Meyerlustenberger Lachenal Froriep Ltd
    MLL Meyerlustenberger Lachenal Froriep Ltd
  • Article

    Swiss Supreme Court Remands Decision of First Instance Declaring LEGO Shape Marks Void

    SwitzerlandIntellectual Property
    Walder Wyss & Partners
    Walder Wyss & Partners
  • Article

    The Impact Of Public Disclosures On Patentability

    It is always frustrating to hear from a client seeking advice regarding the patentability of their invention, that they have been disclosing details of their invention to third-parties...
    SwitzerlandIntellectual Property
    Logan & Partners
    Logan & Partners
  • Article

    Trademark Protection For Blockchain?

    It lies in the nature of the blockchain technology that the control and securing of blockchain transactions have a non-proprietary character.
    SwitzerlandIntellectual Property
    MLL Meyerlustenberger Lachenal Froriep Ltd
    MLL Meyerlustenberger Lachenal Froriep Ltd
  • Article

    Generative AI: Opportunities, Threats, And Legal Considerations

    In the bustling streets of European cities, behind the screens of tech hubs in Berlin, Paris, and Stockholm, a new technological marvel is taking shape: Generative AI.
    European UnionPrivacy
    Logan & Partners
    Logan & Partners
  • Article

    Generative AI And Intellectual Property Rights In The EU Context

    As generative artificial intelligence (GenAI) becomes integral to various industries, understanding its mechanics and associated intellectual property (IP) implications is essential for businesses.
    European UnionTechnology
    Logan & Partners
    Logan & Partners
  • Article

    SaaS vs On-Premise Software Licences

    The biggest difference between SaaS (Software as a Service) and on-premise is how they are implemented, or in the case of SaaS, how it isn't implemented. SaaS is accessed via the internet...
    SwitzerlandMedia, Telecoms, IT, Entertainment
    Logan & Partners
    Logan & Partners
  • Article

    Nullity Of Defensive Trademarks: The GMAIL Case

    According to the practice of the Swiss Federal Supreme Court, a trademark will not enjoy protection under the Swiss Trademark Act if its holder does not intend any serious use of the trademark, but rather registers it in order to prevent registration by third parties or to increase the range of protection of a similar trademark that is already in use.
    SwitzerlandIntellectual Property
    MLL Meyerlustenberger Lachenal Froriep Ltd
    MLL Meyerlustenberger Lachenal Froriep Ltd
  • Article

    Blockchain For Patents - Patents For Blockchain

    Much has been written and discussed about how blockchain technology would bring about fundamental changes to the financial industry which could actually threaten the very existence of banks ...
    SwitzerlandTechnology
    MLL Meyerlustenberger Lachenal Froriep Ltd
    MLL Meyerlustenberger Lachenal Froriep Ltd
  • Article

    Defensive Trademarks: Clarification Of The Requirements For Proving A Lack Of Intention To Use YELLO Vs. YALLO

    The Federal Supreme Court has clarified the requirement for establishing lack of intention to use a trademark and so the hurdles to be jumped in order to successfully claim nullity of a defensive trademark registration.
    SwitzerlandIntellectual Property
    MLL Meyerlustenberger Lachenal Froriep Ltd
    MLL Meyerlustenberger Lachenal Froriep Ltd
  • Article

    Federal Patent Court Highlights The Importance Of Protective Briefs

    In a recent landmark decision, the Federal Patent Court underscored the critical role of protective briefs in preventing preliminary injunctions (PIs).
    SwitzerlandIntellectual Property
    Lenz & Staehelin
    Lenz & Staehelin
  • Article

    Likelihood Of Confusion Between INSTAGRAM And WEDGRAM

    The IPI confirms a likelihood of confusion between "WEDGRAM" and "INSTAGRAM" and clarifies the protection of well-known brand elements and the requirements for dilution.
    SwitzerlandIntellectual Property
    MME Legal | Tax | Compliance
    MME Legal | Tax | Compliance
  • Article

    New Venue To Block ".Com" Domain Names Selling Counterfeits?

    While dismissing the request for ex parte measures, the Court granted the interim measures and ordered the US based registrar to place the ".com" domain names on hold.
    SwitzerlandIntellectual Property
    MLL Meyerlustenberger Lachenal Froriep Ltd
    MLL Meyerlustenberger Lachenal Froriep Ltd

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