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Doctrine

Switzerland Law Articles in English - (26 Février 2003)

Swiss Court Declares LEGO Shape Marks Void

Dr. Markus Frick - Walder Wyss & Partners

The Commercial Court of Zurich granted an application by the Canadian ...... The court observed that the rectangular shape of a brick ...... Hence, the impugned marks lacked the required distinctive shape for trademark protection pursuant to standards set out in earlier decisions by the Swiss Federal Supreme Court. Additionally, the Zurich Court observed that ...

Doctrine

Switzerland Law Articles in English - (14 Octobre 2003)

Swiss Supreme Court Remands Decision of First Instance Declaring LEGO Shape Marks Void

Walder Wyss & Partners

Dr. Markus R. Frick, LL.M., Esq. Originally published in the Swiss Federal Reporter as BGE 129 III 514. As reported earlier, the Commercial Court of Zurich had admitted the claim against the ...

Doctrine

Switzerland Law Articles in English - (30 Juillet 2001)

Jurisdiction Of Arbitrators Is Limited By Waiver Issue Pending In A Foreign Court

Tavernier Tschanz

By Mr Pierre-Yves Tschanz and Mr Sébastien Roy Facts: Construction contract terminated by both parties. Contractor files its claim in court in Panama, where the work was carried out. ...... Employer's arbitration defense is dismissed by the state court as untimely. Employer appeals and starts ICC ...

Doctrine

Switzerland Law Articles in English - (27 Avril 2007)

Arbitrators May Decide Jurisdictional Objections That Are Already Pending Before A Foreign Court

Mr Pierre-Yves Tschanz - Tavernier Tschanz

... It shall decide on its jurisdiction notwithstanding an action on the same matter between the same parties already pending before a State Court or another Arbitral Tribunal, unless there are ...... Its rationale is to clear up any uncertainty arising out of the Swiss Supreme Court's decision in the Fomento case (ATF 127 III 279: ...

Doctrine

Switzerland Law Articles in English - (20 Décembre 2002)

Swiss Federal Supreme Court Issues Two Landmark Decisions Concerning the Issue of Likelihood of Confusion With Respect to Domain Names Incorporating Names of Cities or Municipalities Without Their Consent

Walder Wyss & Partners

Dr. Markus R. Frick, LL.M. In July of this year, the Swiss Federal Supreme Court handed down the "luzern.ch" and the "montana.ch" ...... in a domain name action is entitled to a court order transferring the domain name to him based ...

Doctrine

Switzerland Law Articles in English - (05 Novembre 2001)

May and Must Arbitrators Supply their Own Legal Grounds?

Mr Pierre-Yves Tschanz - Tavernier Tschanz

The Swiss Supreme Court -- which directly hears challenges against ......ch (select Federal Supreme Court, then Rechtsprechung). Factual A ...... The Court's The issue is whether the ...

Doctrine

Switzerland Law Articles in English - (08 Novembre 2004)

Awards Based on Grounds not Submitted by the Parties

Mr Pierre-Yves Tschanz - Tavernier Tschanz

Awards made in Switzerland may be challenged (directly before the Supreme Court) if the arbitrators have violated the parties' "...... The Supreme Court's previous decisions have consistently ...

Doctrine

Switzerland Law Articles in English - (03 Mai 2002)

Separability of the Arbitration Agreement and Assignment

Mr Pierre-Yves Tschanz - Tavernier Tschanz

... X challenged the award before the Swiss Supreme Court. Held: The partial award was set aside for ...... 176/2001, published as ATF 128 III 50; also available from the website of the Swiss Supreme Court, http://www.bger.ch (using the French language ...

Doctrine

Switzerland Law Articles in English - (12 Octobre 2009)

New Developments In Swiss Patent Law

Mr Andrea Mondini and Philipp Groz - Schellenberg Wittmer

... Expected by early 2011, the Federal Patent Court will begin operations. At the same time, the ...... The Swiss Federal Court ruled that, under Swiss law, the principle of ...... No relevant Swiss Federal Court decision exists as yet concerning design rights. ...