Intellectual Property
Our IP Team, which has grown steadily since the 1990s, comprises some of Switzerland’s leading intellectual property law lawyers, covering all aspects of patent, know-how, trademark, copyright, design and unfair competition law. This includes clarifying the noninfringement of third-party rights, management of worldwide IP portfolios, exploitation and enforcement of intellectual property rights and defense against infringement allegations, both out of court and before state courts and arbitratral tribunals. Our well experienced team has the specialised expertise and human resources to help our Swiss and foreign clients succeed. We typically work in an international context. We follow the important legal, economic and technical developments in Switzerland and worldwide and often help shape them. Innovative companies, whether small, medium-sized or large, usually either have us on their side or as an opponent.
Our team offers you access to experts especially in these areas:
Our team represents and advises international and Swiss clients in all fields of trademark and design law.
MoreMLL’s long-standing and widely respected copyright and media team has specialised expertise concerning issues of copyright and media law in addition to in-depth knowledge of new media and related technologies.
MoreThe legal field of protected geographical indications has massively gained in significance in recent years.
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“Very broad-based team with expertise in all IP matters”
Publications
Die Nutzung fremder Marken zur Suchmaschinenoptimierung
sic! 4, 2024, Aufsätze, sic! Stiftung, Bern / Helbing Lichtenhahn Verlag, Basel, www.legalis.ch, April 2024- DE
- Stefan J. Schröter
- Timmy Pielmeier
- Lars Scheuner
Patent Litigation 2024 Switzerland – Trends and Developments
Chambers and Partners, Global Practice Guides, Patent Litigation 2024, February 15, 2024- EN
DesignG. Designgesetz mit Gemeinschaftsgeschmacksmusterrecht
2023 sic! Stiftung, Bern / Helbing Lichtenhahn Verlag, Basel- DE
EuGH-Urteil vom 22. November 2022, Rs. C-175/21
Urteilstenorierung und Beweislast bei der Erschöpfung von Unionsmarken – Auslegung von Art. 36 Satz 2 AEUV in Verbindung mit Art. 15 Abs. 1 der Verordnung 2017/2011 und Art. 19 Abs. 1 EUV- DE
Firm News
Clara Weill | COLLOQUE: Demi-journée de droit de la propriété intellectuelle | 23 avril 2024
Our IP Team is the top Swiss winner in the Managing IP EMEA Awards 2024
Michael Ritscher | 22. Kölner Symposium | 1 March 2024
Our IP Team secure Gold again in the WTR 1000 Guide 2024
Timmy Pielmeier | INGRES | The jurisdiction of national courts and the European Court of Justice on Copyright Law
News Portal
The Use of Green Claims in Advertising
In today’s world, awareness of environmental and sustainability issues in advertising is gaining legal significance. Consumers are increasingly seeking products and services that are environmentally friendly and sustainably produced. To meet this demand, companies and advertisers often use so-called Green Claims, such as «eco-friendly,» «CO2-neutral,» or «climate-neutral,» to highlight the environmental friendliness of their products or their business.
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Practice of Intellectual Property Law in Europe – Report on the INGRES meeting of 30 January 2023
For over ten years, this event was held on the Zurichberg. The numerous foreign specialists who attend consider it the best opportunity to obtain and exchange information on the most important developments in European intellectual property law at a high level. It was again conceived and led by Dr Michael Ritscher, while Dr Christoph Gasser was responsible for the organisation. The preceding weekend in the snow has also become an integral part of the calendar of more and more intellectual property law practitioners. As previously, the morning was devoted to patent law and the afternoon to other intellectual property law, and new names joined established speakers.
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The European Court of Justice (ECJ) affirms the liability of internet sales platforms for plagiarism offers from third-party sellers
There remains little doubt about Amazon’s liability for third party trademark infringements following the recent ECJ judgment of 22 December 2022 in the preliminary ruling in C-148/21 and C-184/21 Louboutin ./. Amazon. Specifically, the ECJ had to decide on questions regarding Amazon’s liability for offers of counterfeit shoes designed by Christian Louboutin.
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Trademark protection of a very simply designed sign; no application in bad faith
The trademark holder of the new trademark had unsuccessfully sued for cancellation of the earlier trademark before the Commercial Court of the Canton of Bern after the trademark holder of the earlier trademark had filed an opposition against the registration of the new trademark. The dispute concerned, firstly, whether the registered trademark belonged to the public domain within the meaning of Art. 2 lit. a TmPA and, secondly, whether it had been applied for in bad faith within the meaning of Art. 8 Swiss Civil Code. The judgement of the Swiss Federal Supreme Court of 8 September 2022 (4A_227/2022), which is gratifying for trademark owners, is of groundbreaking importance for both issues.
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NFTs and Trademarks – What You Need to Know
«NFT» seem to be the word of the hour. Everyone wants NFTs, many are creating NFTs, some are buying and trading NFTs, few are getting rich off NFTs and even fewer know what an NFT really is. Currently, «The Merge»-NFT is the most expensive NFT ever traded – it was purchased for more than 91 million USD. However, NFTs are a much talked about topic not only because of their sometimes-astronomical purchase prices, but also because several legal disputes have already arisen in connection with NFTs – including over intellectual property rights. We tell you what you need to know, what you need to keep in mind and which questions are currently still unanswered with regard specially to trademark law.
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