IP and IT Law

Intellectual Property: What Is Actually Protected

Intellectual property law bundles several rights with quite different requirements. A trade mark protects a sign for particular goods and services and arises on registration (Trade Mark Act). Copyright protects works of individual character — texts, photographs, music, and also computer programs — and arises without any formality upon creation (Copyright Act). Design law protects the appearance of a product (Designs Act), patent law the technical invention (Patents Act). Where no such right applies, unfair competition law sometimes helps: the Unfair Competition Act prohibits the systematic appropriation of another's work product and the betrayal of manufacturing and business secrets (Art. 5 et seq.).

In practice this means the first step is rarely a filing, but a stocktake. What in your business is genuinely worth protecting, where does your lead come from, and which right fits?

Filing and Defending Trade Marks

A search comes before filing: a sign similar to an earlier mark and used for similar goods leads to opposition and, in the worst case, to rebranding years later. We examine registrability, file nationally with the Swiss IP Institute and internationally via the Madrid System, monitor the register and conduct opposition and civil proceedings — on either side.

Know-How and Employees

A considerable share of disputes concerns not registered rights but knowledge that leaves the company with people. The duty of loyalty prohibits employees from exploiting business secrets (Art. 321a Swiss Code of Obligations); after the contract ends this requires a written non-competition clause limited in place, time and scope (Art. 340 et seq.). We draft these clauses so that they hold up in court — excessive restrictions are reduced by the judge and are then of little use.

IT Contracts: The Points That Count in a Project

In development, maintenance, SaaS and cloud agreements, a few clauses decide how things go: who owns the source code, what happens if the provider becomes insolvent, how service levels and response times are defined, where the data sits, and how you get out again. The exit provision in particular is regularly forgotten at signing and proves expensive when changing provider. Where personal data is processed, a data processing agreement belongs with it.

IP and IT Law for Eastern Switzerland

We advise SMEs, agencies, software houses and sole traders from Wil SG, Teufen AR and Zurich — from the first trade mark search to enforcement in court.