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Litigators in Switzerland say the country’s new Federal Patent Court should make cases quicker and decisions more consistent

The Supreme Court recently issued a judgment in a trade mark and company name infringement action where both parties were using and had registered trade marks and company names with the main distinctive element Arthur or Arthur's.

In 1892 Germany and Switzerland agreed upon a Convention about the mutual protection of IP rights. According to article 5(1), legal disadvantages that occur under the laws of the contracting parties when an invention, a design or a trade mark has not been implemented, reproduced or used within a certain period of time shall be precluded if the corresponding action took place in the territory of the other party. The result is that in front of the German patent office and German civil courts the genuine use of a German trade mark, including international registrations with effect in Germany, can be proven by submission of proof of use in Switzerland and vice versa.

The Federal Patent Court has recently had the opportunity to express its opinion regarding the burden of proof of a party relying on the skilled person. The alleged infringer had argued on the one hand the nullity of the patent due to the fact that the subject matter of the patent had been broadened beyond the contents of the application. On the other hand it was invoked that the claimed invention was obvious in view of the prior art.

WEINMANN ZIMMERLI is a leading Zurich-based Swiss IP firm specialising in Swiss and international trademark, patent, copyright, licence and design law, as well as unfair competition and antitrust law. The firm is a full-service IP boutique that covers prosecution and litigation matters. WEINMANN ZIMMERLI is known for its unique approach to client relations, which aims to create a level of trust and constant exchange between client and attorney to ensure the best possible legal advice and convincing solutions that are tailored to the clients’ needs. This, combined with our team of excellent legal practitioners, has made WEINMANN ZIMMERLI one of the fastest-growing IP firms in Switzerland.PhilosophyWEINMANN ZIMMERLI’s professionals have been providing legal advice on IP-related matters and disputes for the past 30 years. They have a well-balanced mix of experience, talent, creativity and innovativeness. They believe in their way of rendering legal services and, therefore, keep a flat hierarchy to ensure and promote the exchange of ideas between partners and associates. WEINMANN ZIMMERLI promotes excellence and strives to be at the cutting edge of factual and legal developments, which is reflected by their professionals’ frequent publications, among other things. This atmosphere enables them to provide their clients with individualised solutions to maximise the value of their IP portfolios and ensure protection and enforcement of their rights in Switzerland, the European Union and worldwide. This is possible because of the close relationship between clients and professionals, which is developed by having a single professional point of contact at WEINMANN ZIMMERLI to handle clients’ issues, who works closely with their legal team and well-established worldwide correspondent network.IP strategy and prosecutionWEINMANN ZIMMERLI advises and develops, together with its clients, their IP strategy, choosing with them the best option to protect their IP portfolios. They also handle the implementation of such strategies through the registration, monitoring and prosecution of trademarks, designs and patents on a national, European and international level, as well as through portfolio management and the provision of the full range of domain name-related services. Furthermore, WEINMANN ZIMMERLI advises its clients on IT-related matters with a special focus on the legal questions concerning the Internet of things.IP enforcementSince its inception, the firm’s specialised litigation team has successfully enforced its clients’ IP rights against infringers, as well as protecting them against unwelcome claims. In particular, WEINMANN ZIMMERLI’s litigation team is specialised in trademark, trade name, trade dress, copyright, design, patent, licensing, unfair competition, trade secret and antitrust conflicts. Additionally, their professionals are experts in mediation and settlement negotiations. They represent clients before all Swiss courts and authorities and coordinate international disputes. This is in addition to offering specialised expertise in anti-counterfeiting actions and taking care of import and export issues for their clients. WEINMANN ZIMMERLI is also known for successfully taking on challenging cases and handling cross-border litigation.IP valuation and exploitationValuation and exploitation of IP rights are cornerstones of creating and upholding IP rights. Accordingly, the firm’s professionals have the necessary expertise to evaluate their clients’ trademarks, patents and designs according to international standards. With respect to the exploitation of IP rights, WEINMANN ZIMMERLI’s team has successfully drafted and negotiated contracts for its clients, such as licence, distribution and sponsorships agreements, as well as contracts between owners and users of art and social media, which also includes terms and conditions for operating online and offline business.

Homburger is a full service law firm with 38 partners and approximately 120 professionals. Since 1957, Homburger advises and represents companies, entrepreneurs, boards and executives in domestic and global transactions as well as in complex dispute resolution cases. The IP IT practice, with a dedicated team of some 15 professionals, focuses on four main areas: (i) patent and technology, (ii) general intellectual property and media and entertainment, (iii) information technology and telecommunications, as well as (iv) data protection and privacy. The team members have specialist knowledge and long standing experience in all of the above mentioned areas. All partners are internationally recognized specialists in at least one of the focal areas. Recently, have substantially expanded our practice into a variety of cases and legal concepts pertaining to the digitalization of our clients' business models. Members of our team are mostly also members of the newly formed Homburger TechGroup. We represent clients in proceedings before courts and regulators and in arbitration proceedings. Moreover, the team's practice comprises a wide range of transactional advice in innovation and technology driven industries, and contributes its expertise with a collaborative focus together with other teams. Last updated 6 August 2021

Established 1936, Niederer Kraft Frey is a preeminent Swiss law firm with a proven track record of legal excellence and innovation. Niederer Kraft Frey's IP practice focusses on a number of areas including brand protection strategies, commercial contracts relating to IP and know-how, and unfair competition. Over the past few years, the focus of our work has been on advising multinational companies and organizations and international sports associations on IP-related issues, various trademark and company name related disputes including litigation and extra-judicial negotiations and settlements and the setting up of trademark and brand protection concepts in different industries. Furthermore, we have been advising and negotiating various types of cooperation, R&D, patent and know-how assignment and licensing, distribution and other agreements that include significant IP elements, as well as issues of unfair competition law for example with "look-alike" products and their get-up or claims in advertising. We regularly advise on high-profile and complex IP matters in different industries, including car manufacturing, aviation, sports, news and information management, and consumer goods. In these industries, we represent key players in a wide variety of IP-related issues, including IP litigation, trademark, design, copyright matters, unfair competition disputes, licensing and services agreements, sports sponsorship, television, media and product license agreements. Sector Expertise Aeronautics Architecture Automotive Chemical Engineering Construction + Building Materials Electrical Engineering Energy and Natural Resources Fashion Financial Services + E-Commerce Food & Beverage Industrial Manufacturing Information Science Technology + Communications Luxury Goods Mechanical Engineering Media, Entertainment & Publishing Medical Devices Robotics + Nanotechnology Pharmaceuticals, Biotechnology + Life Sciences Retail Semiconductors Sports + Fitness Travel Last Updated 5th April 2017

The Swiss Federal Supreme Court has issued a judgment holding two Swiss trade mark registrations for the word-mark You invalid on the grounds that the word You must remain free for use in commerce.

The Swiss Federal Supreme Court has confirmed a criminal conviction for acts qualified as simultaneous trade mark and unfair competition law infringements.