Region: Switzerland

WIPO staff council legal rep demands immediate removal of Gurry after distribution of misconduct report - UPDATE

This blog has been updated to include additional material relating to the report compiled by the UN's Office of Internal Oversight Services following its investigation into alleged misconduct by WIPO DG Francis Gurry. The legal counsel to…

29 September 2016

Parallel imports of patented goods – applicable exhaustion regime

A recent Federal Patent Court decision considered the applicability of international patent exhaustion due to the subordinate significance of the patented features. It confirms that the requirements to avoid international patent exhaustion appear to be rather high, in particular with respect to complex products where most of the patent rights concern not the whole product, but rather only some component thereof.

17 August 2016


Q: What options are open to a patent owner seeking to enforce its rights in your jurisdiction?A patent holder can send a warning letter and seek an out-of-court settlement with an alleged infringer. This is the most effective way to enforce…

11 April 2016

GOLDBÄREN: protectability of non-distinctive trademarks based on existing registrations

According to a fundamental legal principle codified in the Constitution, every person is equal before the law. Similarly, comparable cases should be dealt with comparably. In a recent case the Federal Administrative Court allowed the registration of a trademark that it considered to be non-distinctive based purely on the existing registration of several other similarly non-distinctive trademarks.

16 March 2016

Selected IP highlights from Switzerland

Featured in IAM Yearbook 2016 – Building IP value in the 21st century

Switzerland is located in the centre of Europe, surrounded by the European Union without being a part of it. Although Swiss laws are formally independent from the EU legal framework, Switzerland’s close economic relations with the European Union…

23 October 2015

Novartis is the latest Big Pharma player to extend olive branch in Third World patent rights row

While the global quarrel over the pricing of patented drugs continues unabated, Swiss pharmaceutical giant Novartis has announced that it will offer a number of its medicines at significant discount to developing countries.According to a press…

28 September 2015

US withholds WIPO funding over failure to investigate serious misconduct allegations levelled at agency's boss

In an unprecedented move the United States is to withhold funding from WIPO. According to a report on the FOX News website, the decision is connected to concerns about the lack of progress in an investigation into allegations of serious misconduct…

27 September 2015

It's not all doom and gloom for pharmaceutical innovators in India

Merck has become the latest foreign pharmaceutical innovator to notch a patent win in an Indian court. Last Friday, the country’s Supreme Court enjoined Glenmark Generics from selling new low-cost versions of diabetes drugs Januvia and Janumet …

19 May 2015

WIPO assembly chair calls in central UN unit to investigate the explosive claims against DG Francis Gurry

Päivi Kairamo, chair of WIPO’s General Assemblies, has asked the United Nations’ Organisation of Internal Oversight Services (OIOS) to investigate the claims made by James Pooley, the former deputy director general of the organisation, in a Report…

15 May 2015

The case for IP can only be fully made if its institutions are transparent and subject to independent oversight

With intellectual property under more scrutiny than it has ever been before, problems at three of the world’s top IP agencies could not have occurred at a worse time. The major controversies besetting both the European Patent Office and the World…

20 April 2015

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