Special Arbitration Panel During BASELWORLD

Author:Dr. Thomas Rihm
Profession:Rihm Attorneys
 
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The Baselworld Panel is an arbitration board that deals with complaints about violations of intellectual property rights during the BASELWORLD taking place between March 23, 2017, and March 30, 2017. BASELWORLD is the largest and most important fair for watches and jewellery in the world.

In order to offer e.g. all the exhibitors at BASELWORLD a simple and fast track arbitration procedure in case of potential infringements of their intellectual property rights, BASELWORLD offers during the entire fair an arbitration panel that deals with all respective complaints.

The panel is currently made up of seven people with voting rights (lawyers and experts with specialist knowledge of the watch and jewellery sector) and one person without a voting right (technical expert). The chairman of the panel is a Swiss lawyer, whilst the other panel members come from the People's Republic of China, France, Italy and Switzerland.

The panel is only deployed for the duration of the show. It only becomes operational and convenes if and when complaints are filed.

Anyone with a concern that its intellectual property rights are violated at the fair is entitled to call upon the panel. Besides the exhibitors, non-exhibitors too may file a complaint with the Panel if they first acknowledge the Panel's rules and submit to the procedure and the decision by the Panel.

The applicant may give notice of the violation of immaterial property rights with the complaint. These include the rights to a:

design pursuant to the Swiss Federal Laws on the Protection of Designs; trademark or indication of source pursuant to the Swiss Federal Laws on the Protection of Trademarks; patent for invention pursuant to the Swiss Federal Laws on Patents for Inventions; work protected by copyright pursuant to the Swiss Federal Laws on Copyrights; and/or The applicant may also give notice of a breach of fair competition for the purposes of the Swiss Federal Laws against Unfair Competition.

Complaints may be filed every day throughout the duration of the fair. It is sufficient if the complaint is filed verbally. Representation by a lawyer is not necessary. The panel will follow up on the complaint if the applicant has paid the processing fee and has submitted the necessary evidence to make a ruling on the case. As a rule, extracts from national or international registers from which it is clear that the protected privileges asserted extend to Switzerland are regarded as evidence. Whenever...

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