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Intellectual Property

CMS offers an unparalleled IP-service portfolio with expertise ranging from trademark matters to copyright/software-related technology disputes as well as patent law offered with a global network and high cost-efficiency.

The right brands will win the hearts and minds of your customers. The right patents will prevent others exploiting your technical ideas or provide a substantial barrier to market access. Copyright, software management, know-how and designs also play a vital role in your IP strategy and management. The IP landscape is constantly evolving, and so are we.

In today’s knowledge economy, a large part of the value of your business is based on intangible assets and goodwill. Your intellectual property plays a key role in obtaining a competitive advantage. A cohesive IP strategy, including both commercialisation and enforcement, will ensure you get maximum value from your portfolio.

Our Swiss IP team is widely-known for the high quality of its offering for clients, advising Switzerland-based and global clients on international IP-transactions and IP-litigation proceedings (coordinating with multiple entities abroad) and is the firm to go for international trademark or trade secrets prosecution matters as well as advise on cross-border advertisement campaigns. We have also considerable experience in software-related copyright matters and disputes as well as patent disputes.

When Experience Matters.

We focus on key sectors relevant to you such as life sciences, automotive, machinery, manufacturing, consumer products, financial services and TMC. This means you will get in-depth industry knowledge as well as legal expertise as part of our IP-legal services. If you are involved in a dispute, we can guide you through the litigation process, but we are also familiar with the sector-specific surrounding you are dealing with.

In particular our strengths lie in:

  • software and online-platform-business: we advise a strong client base in the software and online-platform business regarding copyright & content matters, technology-protection, online-licensing, software development contracts as well as disputes and enforcement.
  • corporate IP-transactions: we have fantastic experience in the legal assessment of intellectual property in the context of transactions. We regularly advise on technology-driven (software, know-how and patents) and brand (trademark) focused mergers and acquisitions in all industry sectors.
  • IP development and transfer agreements: we advise clients regularly in connection with the drafting and enforcement of agreements for the development and/or transfer of intellectual property rights, especially research and development and license agreements.
  • pharma patent litigation: our team has profound litigation experience in originator/generics cases.
  • trademark protection and litigation: CMS Switzerland represents, maintains and enforces at present several hundred Swiss, foreign and international trademarks of clients of all industry sectors, some of which are well-known trademarks.
  • advertisement: we regularly advise national and international clients of all industry sectors (e.g. food, hygiene products, financial services, sport outfitters, etc.) on a wide spectrum of aspects of advertisement law, including compliance with unfair competition law, product and labelling regulation and regulations on competitions and raffles.

Our main clients are:

  • Barilla
  • Designwerk Technologies AG
  • Aon Schweiz AG
  • Infopro Digital
  • Mobile Health AG
  • Global Legal Entity Identifier Foundation (GLEIF)
  • Talenthouse AG
  • Better Cotton Initiative
  • Teva Inc.
  • nChain

Recent highlights of our work:

  • Advising Aon Schweiz AG in a major software-licensing & copyright dispute and the contractual negotiation of a long-term settlement/licensing agreement with a major software provider.
  • Advising international producers of consumer products on compliance of their sustainability claims in Switzerland.
  • Advising Global Legal Entity Identifier Foundation, established by the Financial Stability Board in June 2014, regarding the global protection of its trademarks and supporting GLEIF in the enforcement of its trademark rights against third party violations, including the negotiations of settlement agreements.
  • Defending a Swiss public limited company against allegations of trademark and company name violations, among others based on the defense of forfeiture.   
  • Advising Infopro Digital in the acquisition process, in particular by reviewing all aspects of Bindexis' online-technology business (Intellectual Property Assessment of Technology and platform programming involved as well as IP-licensing, data protection and general commercial aspects of the online-business).

A Global Perspective.

With 450 specialist lawyers, scientists and patent attorneys across almost 40 countries, we can draw on a wealth of understanding and experience to meet your business needs – experience gained in acting for some of the world's best-known brands, from banks to tech and media companies, pharmaceuticals and major FMCG companies. We handle the full lifecycle of IP assets, in both contentious and non-contentious work. Whether you own IP or license it, we can help you maximize the value of assets in your portfolio.

We are looking forward to putting in place diverse, agile, cross-border teams of experts from all disciplines to serve your needs. 

Find an expert

"The collaboration was excellent. Dirk Spacek essentially became a member of our team providing tactical and strategic guidance as well as legal opinion."
"Outstanding Quality, excellent strategic management of cases."

The Legal 500 Europe, Intellectual Property, 2022

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Ad­vert­ise­ment
CMS Switzerland provides you with legal support in the design of your advertising and the development of new marketing concepts (both in the analogue
outstanding match
Bor­der Seizure
Border seizure is an effective and inexpensive instrument for combating counterfeits and illegal parallel imports. Our legal experts are at your side
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Copy­right
Creativity comes in all forms. It may be a new manufacturing process, an innovative piece of software-code, how an existing piece of copyrighted techn
Designs
Design enhances products and gives them "a face in the crowd". As a foundation of your entrepreneurial success, your design needs defence against poss
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IP Dis­pute Res­ol­u­tion
For several decades CMS has represented companies in key IP litigation, at all times bearing their commercial aims in mind. The CMS IP litigation team
IP Due Di­li­gence
Intellectual Property (IP) rights are commonly bought, sold or licensed as part of a corporate deal or transaction, and often represent a key element
Li­cens­ing and R&D
Our CMS experts have the skills and experience to guide you through the licensing process, whether it concerns your IP, your ideas or technologies. We
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Trade marks
Trade marks play an essential role for both businesses and their consumers. We advise on all elements of trade marks. Our extensive experience enables
Trade secrets
Companies face a major challenge when it comes to effective and efficient protection of their expertise. Active know-how protection affects almost eve
Un­fair Com­pet­i­tion
Our experts advise you on all competition law issues such asthe design of advertising and marketing campaignsthe design of internet presences and prin

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31/05/2023
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UPC Long-arm jur­is­dic­tion­With the UPC set to open its doors on 1 June 2023, just how far might its reach ex­tend?Un­less a European pat­ent has been op­ted out of the UPC, the na­tion­al courts and the UPC...
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When are pat­ent claims with num­bers or meas­ure­ments in­fringed? Can com­pet­it­ors be held li­able for pat­ent in­fringe­ment if their product has char­ac­ter­ist­ics out­side the claimed range? The Swiss Fed­er­al...
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DER Tour­istik Suisse AG, a group com­pany of the Ger­man RE­WE Group, ac­quires Golf and Travel AG, based in Root.
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CMS one of the "Top Law Firms" in Switzer­land in 28 areas of law
The Swiss busi­ness magazine BIL­ANZ, the Han­delszei­tung, and the magazine PME have awar­ded the "Top Law Firms" in Switzer­land for the 7th time. Out of the 31 leg­al areas, CMS von Er­lach Part­ners (CMS Switzer­land) was ranked as one of the top 25 law firms in Switzer­land in 28 areas, which is more than any oth­er law firm in Switzer­land. This con­firms our po­s­i­tion as a lead­ing full-ser­vice law firm in the coun­try.
12/04/2023
CMS Switzer­land re­com­men­ded by The Leg­al 500 EMEA 2023
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The is­sue of plaus­ib­il­ity was pre­vi­ously re­ferred to the En­larged Board of Ap­peal (EBA), the highest ju­di­cial au­thor­ity at the European Pat­ent Of­fice (EPO). Our art­icle on the re­fer­ral can be found here...
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In Feb­ru­ary 2022 the European Com­mis­sion presen­ted its pro­pos­al for the EU Data Act, which – if ad­op­ted - will in­tro­duce a far-reach­ing leg­al re­gime on ac­cess to and use of non-per­son­al data in the...
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European Pat­ent Of­fice (EPO) dig­ging its heals in over the need for de­scrip­tion...
As a com­ple­ment to the 10th edi­tion of the EPO "Case Law of the Boards of Ap­peal" (CLB), the EPO has pub­lished an An­nu­al Re­view con­tain­ing sum­mar­ies of de­cisions from 2022. The re­view provides a them­at­ic...
22/03/2023
European Pat­ent Of­fice (EPO) level of dis­clos­ure re­quired for an­ti­bod­ies...
As a com­ple­ment to the 10th edi­tion of the EPO "Case Law of the Boards of Ap­peal" (CLB), the EPO has pub­lished an An­nu­al Re­view con­tain­ing sum­mar­ies of de­cisions from 2022. The re­view provides a them­at­ic...
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Out with the old, in with the new? Pro­ced­ur­al fea­tures of the Uni­fied Pat­ent...
In our pre­vi­ous art­icle, we looked at the cur­rent European sys­tem of pat­ent pro­sec­u­tion and en­force­ment and high­lighted some of the key changes that will be com­ing with the new Unit­ary Pat­ent and Uni­fied...