NEWS - OCTOBER-NOVEMBER 2008

SWISS INTELLECTUAL PROPERTY LAW UPDATE:
Swissness - The consultation phase regarding the legislative amendment project called “Swissness” has passed the Federal Council and will be presented for votation by parliament before the end of 2009. This bill aims to: (a) strengthen the protection for “Made in Switzerland” designations and the Swiss Cross domestically and abroad, and (b) define more precisely the conditions ruling the use of designations “Made in Switzerland” and the Swiss Cross.

For more information on results of the consultation: http://www.ige.ch/f/jurinfo/documents/j10817f.pdf

Defensive trademarks - The Commercial Court in Bern has stressed in its May 30, 2008 «Gmail» decision (published in SIC! 10/2008,) the invalidity of trademarks filed only for a defensive purpose. The invalidity of defensive trademarks is not only based on the absence of use but constitutes a specific case of nullity due to an abusive registration in the sense of unlawful competition (Art. 2d Swiss Trademark Law, Art. 2 Unfair Competition Law). In such case, the owner does not even benefit from the five year grace period for non-use under Art. 12 1 Swiss Trademark Law.