Switzerland: Trade Marks 2018

1 RELEVANT AUTHORITIES AND LEGISLATION
1.1 What is the relevant trade mark authority in your jurisdiction?

The Swiss Federal Institute of Intellectual Property (IPI) is the trade mark office in Switzerland.

1.2 What is the relevant trade mark legislation in your jurisdiction?

The relevant trade mark legislation in Switzerland is as follows:

The Federal Act on the Protection of Trade Marks and Indications of Source (Trade Mark Protection Act, TmPA).
The Federal Ordinance on the Protection of Trade […]

By | December 14th, 2017 ||

What Are Trademarks Under Vietnam’s IP Law?

“Mark means any sign used to distinguish goods or services of different organizations or individuals” – according to Clause 16 Article 4, Intellectual Property Law 2005 (IP Law) of Vietnam (as amended and supplemented 2009). The trademark thereby comprises two functions, which are referred to as the distinguishing function and the function of indicating the source.

The trademark may be presented in the form of words, devices or a combination thereof in one or several […]

By | November 22nd, 2017 ||

Claim Against An Ad Broadcast On A Website Accessible In France But Not Targeting The French Audience

On October 18, 2017, the French High court held in clear terms that the access to a website (broadcasting an ad challenged on the ground of copyright infringement and parasitism), within the territory of the court where the lawsuit has been brought, is a sufficient criterion to consider that this court has jurisdiction to assess the alleged infringement/fault.
1. The dispute and the arguments of the defendants
A theater company association, arguing that it holds copyrights […]

By | October 20th, 2017 ||