Dr. Reinhard Oertli, LL.M.
Partner, Zurich
T +41 58 552 03 40
reinhard.oertli@mll-legal.com
Profile
Reinhard acts for a broad range of clients, mostly in the telecommunications and media sector, focusing on internet and cross-technology solutions. He represents clients in administrative procedures, litigation and arbitration and regularly sits as arbitrator (co-arbitrator and chairman). Reinhard helps to establish the legal structure for new business models in the area of new technologies and advises on software and data economy projects.
Practice Areas
Industry Groups
Country Desks
Rankings & Awards
- Reinhard Oertli is an IP specialist, noted as “one of the main experts in Switzerland for copyright issues” by peers – Who’s Who Legal, National Leader IP Patent, 2022
- Reinhard Oertli is recommended in The Legal 500 EMEA, Intellectual Property, 2022
- “Reinhard Oertli is a very experienced and talented lawyer, who is able to handle the most difficult matters of the IP law. He possesses vast knowledge in his field. His approach is custom-tailored, he studies the presented question in detail, and at the same time, he possesses the ability to present very complicated and nuanced issues in a vivid and simple way” – Legal 500 EMEA, TMT, 2022
- “Reinhard Oertli enjoys a strong reputation for his top-tier practice which covers cross-border and high-value patent and copyright disputes” – Who’s Who Legal, IP Patents, 2021
- “Reinhard Oertli is highlighted for his impressive handling of high-value disputes across the data sector” – Who’s Who Legal, Data, 2021
- “Reinhard Oertli has a wealth of specialist expertise handling IP matters across the telecommunications sector and is lauded for his abilities in cross-border litigation” – Who’s Who Legal, Patents, 2019
- “The constructive and pragmatic Reinhard Oertli is recommended” – Legal 500 EMEA, 2019
Education & Admission
- Admitted to the bar in New York (1990)
- University of Pennsylvania Law School, LL.M. (1989)
- Admitted to the bar in Switzerland (1988)
- University of Zurich, Dr. iur. (1988)
- University of Zurich, lic. iur. (1982)
Memberships and public offices
- Former Ordinary Judge at the Court of Cassation of the Canton of Zurich (until 2010)
- International Association for the Protection of Intellectual Property Switzerland (AIPPI): Member of the Board of AIPPI Switzerland; Member of the Standing Committee on Design Right; Chairman of the Standing Committee on IP and Development of AIPPI International
- American Bar Association (ABA)
- Swiss Association for Intellectual Property Law (INGRES)
- The London Court of International Arbitration (LCIA)
- Swiss Arbitration Association (ASA)
- Swiss-American Chamber of Commerce, member of the Legal Chapter, Chairman of the committee on data economy
- Camera di Commercio Italiana per la Svizzera (CCIS)
- Associazione Internazionale Giuristi di Lingua Italiana (AIGLI)
- Deutsche Gesellschaft für Recht und Informatik e.V. (DGRI)
- Zurich Bar Association (ZAV)
- Swiss Bar Association (SAV)
Languages
- German
- English
- Italian
- French
Publications
Assistant
Reinhard Oertli is recommended in The Legal 500 EMEA, Intellectual Property, 2022
Publications
Trademark Enforcement Issues in the Metaverse
Presentation "Trademark Enforcement Issues in the Metaverse" WIPO Seminar, 26 January 2023- EN
Study Questions and Answers on Moral Rights
Report of the webinar about Study Questions and Answers by AIPPI Swiss Group 2022, 24 November 2022- EN
SQ282 Moral Rights
Video and presentation of Reinhard Oertli, Moderator at AIPPI Swiss Group Webinar about Study Questions and Resolutions 2022, 24 November 2022- EN
IP and the Digital Transformation
Moderator at WIPO Online Training Seminar, Session 9, 19 May 2022- EN
Firm News
Reinhard Oertli selected as arbitrator for LSE-LCIA London Vis Pre-Moot
Business Way Forum – 4th International Conference of Protection of Intellectual Property Rights
Reinhard Oertli selected for inclusion on the Swiss-U.S. Privacy Shield List of Arbitrators
21 lawyers listed in The Best Lawyers in Switzerland – 2019 Edition
IP Stars: Tier 1 in trade mark work
News Portal
Copyright on product designs finally fully harmonized throughout Europe
The protection of the design of functional and mass produced products by means of copyright has been one of the most controversial subjects in intellectual property law in Europe (and also in the rest of the world). In some jurisdictions, e.g. in the UK and in Ireland, such works have been discriminated by reducing the term of protection. In many other jurisdictions, the threshold for those works has been much higher than for all other categories of works. While the EU legislator has not been able to clarify the law in this respect for decades, the European Court of Justice has, starting in 2009 with the decision «Infopac» and followed by the decisions «Painer», «Football Dataco», «BSA», «Flos», «Cofemel» and, most recently, with «Brompton» unified the threshold, the functionality obstacle and the term of protection for the whole EU.
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Limitation of international jurisdiction for online EU trade mark infringements
In a decision of November 9, 2017 (I ZR 164/16, perfume trademarks), the German Federal Supreme Court (BGH) ruled on the international jurisdiction of (German) courts under Art. 97 (5) European Union Trademark Regulation 2007/2009 (EU TMR) (now Art. 125 (5) European Union Trademark Regulation 2017/1001, EU TMR 2017/1001) in a case of alleged EU trade mark infringement. The BGH held that national (German) courts do not have international jurisdiction for EU trade mark infringement claims where (i) an online merchant based in a foreign EU member state (Italy) offers goods, (ii) through its foreign operated website (Italy), (iii) in breach of EU trade mark rights, (iv) to customers based in the member state where jurisdiction is asserted (Germany).
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Words cancelled – copyright uncovered?
Protection of the stile of an artist by copyright? Or rather by the law against unfair competition? Comment on Emilio Isgrò c. Sony Music Entertainment Italy SPA, Tribunale di Milano, Specialized Section in Business Matters, decision of 25 July 2017 The Tribunale di Milano had to decide whether the album cover, the booklet and the […]
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Draft revision of the Swiss Federal Data Protection Act compared with the legal situation in the EU
On 21 December 2016, the Federal Department of Justice and Police published a draft bill of the revised Swiss Federal Data Protection Act (FDPA). The proposed amendments are intended to adapt the existing law so as to align it with old and new developments on the European level, in particular the amendments introduced into European […]
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Concerns over proposed patent exemption for physicians and pharmacies in Switzerland
The Swiss lawmaker plans to introduce a new exemption from patent protection for physicians and pharmacies. The new exemptions aims to protect physicians and pharmacies from being involved in patent disputes concerning second medical use claims according to the EPC 2000.
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