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Development and Defence of IP

We advise on the launch of new products or changes to existing products. In doing so, we analyse our client's current IP portfolio and develop strategies that meet the requirements of their businesses. Our advise includes and combines all aspects of IP, in particular, trademarks, copyrights, designs, domain names, know-how and business secrets, information technology, and unfair competition.

We research the availability of IP rights to assess potential conflicts with third parties at an early stage. In case of potential conflicts with third parties, we advise on the chances of success and possible solutions to overcome these conflicts.

After the determination of the IP strategy and the registration of the relevant IP rights, we advise and assist on the monitoring of the market and on appropriate measures and defences in the event of conflicts.

Registration and Administration of Trademarks, Designs and Domain Names

We have vast experience in registering and administrating trademarks, designs and domain names worldwide. The administration also includes the monitoring of the market and advice and implementation of an appropriate defence strategy in the event of conflicts with third parties.

We have a dedicated department for the registration and administration of intellectual property rights. This enables us to provide comprehensive IP services from a single source as well as to develop valuable know-how for the comprehensive advising and defence of companies. In the field of patents, we cooperate with specialised service providers to offer advice as specific as possible.

For international queries, we are able to rely on a network of trusted local law firms abroad. We have established contacts with law firms all over the world with whom we are used to working alongside and who have the same values regarding client service. We coordinate worldwide proceedings which enables us to offer a full service from one firm.

Intellectual Property Disputes

We have a vast experience in protecting and defending IP rights in disputes, including disputes related to:

  • Trademark infringement
  • Trade dress and product get-up infringements
  • Counterfeiting
  • False advertising and other forms of unfair competition
  • Company name disputes
  • Copyright infringement
  • Domain name disputes

We represent matters before civil courts in Switzerland and closely cooperate with trusted local law firms abroad. We also represent matters in administrative proceedings before the Swiss Federal Institute of Intellectual Property, other authorities and the Swiss Administrative Court.

We also assist our clients in identifying weaknesses in their defence strategy and assist them in developing and strengthening their IP portfolio or defence strategy. Separately we also advise and assist in implementing IP portfolios and defence strategies prior to, or during, litigation to improve the client's position to the greatest extent possible.

Contracts and Due Diligences

We advise on commercial contracts relating to IP, including cooperation agreements, distribution, agency, supply, sponsorship, coexistence, assignment and other commercial agreements.

We regularly advise on the development of comprehensive concepts and strategies in transactions related to IP and draft agreements required for the implementation. We assess potential conflicts that may arise and advise on whether to negotiate or start litigation in connection thereto.

We also conduct due diligence reviews regarding IP, including:

  • The assessment of IP portfolios
  • The licensing of IP
  • Defence of IP
  • Securing of IP
  • Review of related contracts

Our due diligence analyses also include antitrust risks, such as those related to licensing, cooperation, specialisation, R&D, and non-compete obligations.

IP Backed Investment Financing and Taking Security Interests over IP Assets

In financing transactions we assist on IP backed financings and taking security interests over IP assets including by pledging IP rights. For this, we assess which IP rights are key to the business and which IP rights are capable of being pledged (or the title of which can be assigned) (i) without the incurrence of undue costs and (ii) pursuant to terms which are not unduly restricting the business interests of the borrower. We monitor the implementation of the chosen security structure. 

We furthermore advise on more advantageous IP holding structures that enable companies to make better use of their IP portfolio for the purpose of obtaining financing, and in some instances better terms in connection with their financing.

Unfair Competition and Bribery

Any business practice which is deceptive or in another manner violates the principle of good faith dealing may be determined as unfair and illegal. We advise on matters in all fields of unfair competition, including:

  • False advertisement
  • Comparison of a client's products, works, performance or prices in a false, misleading, unnecessarily disparaging or imitating way with those of third parties
  • Causing confusion with third parties and their business, including ambush marketing and trade dress infringements
  • Misleading customers about the real value of offers, including by free promotions or sales below cost
  • Inducement to breach or to rescind contracts
  • Exploitation of the works of third parties
  • Infringement of manufacturing and business secrets
  • Bribery

We have vast experience in dealing with disputes related to all forms of unfair competition. We represent matters before civil courts in Switzerland and, where necessary, we work together with trusted firms among our international network.

Data Protection

Processing the data of trade partners, customers and employees is subject to a vast range of rules and requirements. We advise clients on all aspects of data protection, including:

  • Collection and processing of personal data
  • Cross-border aspects of data protection, particularly in case of multinational undertakings
  • Data breaches, data theft and insurance cover
  • Data protection in proceedings before authorities and in connection with being granted access to the file in proceedings
  • The rights of data subjects
  • Information and notification duties

We advise on data protection as a stand-alone issue or as one aspect of a comprehensive consultation in combination with other fields where any sort of data plays a role.

We advise multinational clients on the impact of data breaches, data theft and violations of data security requirements, outsourced data storage or processing and cross-border data flow. We also advise with regard to claims brought against clients by their partners, customers and employees.