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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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27/03/2024
CMS advised Ypsomed on the sale of its pen needle and BGM businesses to...
Zurich, March 2024 | An international CMS team under the lead of Stefan Brunnschweiler and Florian Jung provided comprehensive advice to Ypsomed (SIX: YPSN) on all legal aspects regarding the sale of its pen needle and blood glucose monitoring systems (BGMs) businesses to Medical Technology and Devices S.p.A. (MTD). Ypsomed is supporting a reliable transition to ensure the supply of pen needles to people around the globe who inject insulin and other hormones. During a transition period, Ypsomed will produce pen needles as a contract manufacturer and provide certain services to facilitate a seamless transfer. The production equipment will be gradually moved to the MTD sites by mid-2025. The business with pen needles and BGMs to be transferred to MTD accounted for sales of CHF 52 million in FY 2022/23 and CHF 18 million in the first half of FY 2023/24. The closing of the transaction and thus the transfer of the business with pen needles and blood glucose monitoring systems is expected in summer 2024, after which the transition will begin, and is subject to customary respectively regulatory conditions. Ypsomed is the leading developer and manufacturer of injection and infusion systems for self-medication and a renowned diabetes specialist. The company will celebrate its 40th anniversary in 2024. As a leader in innovation and technology, it is a preferred partner of pharmaceutical and biotech companies for pens, autoinjectors and pump systems for administering liquid medications. Ypsomed presents and markets its product portfolios under the umbrella brand mylife Diabetescare directly to patients, pharmacies, and hospitals as well as under Ypsomed Delivery Systems in busi­ness-to-busi­ness operations with pharmaceutical companies. Ypsomed is headquartered in Burgdorf, Switzerland. The company has a global network of production facilities, subsidiaries, and distribution partners. Ypsomed has over 2,200 employees worldwide. CMS ZurichStefan Brunnschweiler, LL.M., Managing Partner, Head Corporate/M&AFlorian Jung, LL.M., Senior Associate, Corporate/M&ASamuel Felix Gang, LL.M., Senior Associate, Corporate/M&AAnna Mast, Associate, Corporate/M&AAlexander Salamon, Attorney Trainee, Corporate/M&AMarquard Christen, LL.M., MAS, Partner, Com­pet­i­tion­Sophia Rovelli, Attorney Trainee, Com­pet­i­tion­Nad­ine Anwander, Attorney Trainee, CompetitionDr Matthias Kuert, LL.M., Partner, Capital MarketsMark Cagienard, LL.M. VAT, Partner, TaxChristian Gersbach, LL.M., Partner, EmploymentDirk Spacek, LL.M., Partner, IT/IPCMS ParisAlexandra Rohmert, Partner, Corporate/M&AVincent Desbenoit, Associate, Corporate/M&ACaroline Froger-Michon, Partner, Em­ploy­ment­Ca­mille Baumgarten, Associate, Em­ploy­ment­Aliénor Fevre, Counsel, CommercialManon Fleury, Associate, Com­mer­cialJean-Hugues de la Berge, Partner, TaxWilliam Hamon, Partner, TaxCMS FrankfurtDr Heike Wagner, Partner, Corporate/M&ADr Tobias Kilian, Of Counsel, Corporate/M&ADr Reiner Thieme, Associate, Corporate/M&ACMS HamburgDr Heike Wagner, Partner, Corporate/M&A
27/03/2024
CMS Switzerland recognised by The Legal 500 EMEA 2024
This year CMS Switzerland has been recommended by The Legal 500 in 21 categories in the European, Middle Eastern and African (EMEA) edi­tion. In addition, 6 of our lawyers are recognized individually for their expertise as "Leading Individuals" or "Next Generation Partner" in the areas of Competition, Insolvency & Corporate Recovery, Insurance, Public Law, Real Estate & Construction and TMT.
25/03/2024
Patentability of inventions relating to diagnostic methods at the EPO
Under Article 53(c) of the European Patent Convention (EPC), diagnostic methods practised on the human or animal body are excluded from patentability. The purpose behind this exclusion is to avoid patent...
14/03/2024
CMS Switzerland ranked in Chambers and Partners Europe Guide 2024
Awards & Rankings
22/02/2024
CMS advises Endeavor / On Location on strategic investment in event technology...
A cross-border team from CMS has advised On Location, the Endeavor-owned leader in premium experiences, hospitality, and travel, on its strategic investment in Wiz-Team, a leading event and data management technology solution. The investment will support integration of Wiz-Team’s technology and software across the On Location portfolio, with a focus on enhancing guest registration and communication, accreditation, accommodation, and access con­trol. Already, On Location has partnered with Wiz-Team to enhance guest management services across its marquee VIP experiences, travel, and hospitality offerings, including the Olympic and Paralympic Games (for which On Location is the official, exclusive hospitality provider through to the Los Angeles 2028 Olympic and Paralympic Games), Super Bowl, and the Aer Lingus Classic. A team of CMS Zurich and London, led by partner Dr Daniel Jenny and senior associate Florian Jung (both CMS Zurich) as well as partner Nick Crosbie and senior associate Lauren Wood (both CMS London) has advised Endeavor / On Location on this trans­ac­tion.  The team further consisted of Samuel Gang (senior associate; corporate), Alexander Salamon (attorney trainee; corporate), Christian Gersbach (partner; employment), Miryam Meile (senior associate; employment), Mark Cagienard (partner; tax), Dirk Spacek (partner; IP/IT), Michelle Lindenman (associate; real estate; all CMS Zurich); Tetyana Dovgan (partner; corporate), Mariana Saienko (senior associate; corporate); Ihor Pavliukov (associate; corporate; all CMS Kyiv), Marco Casasole (partner; corporate; corporate), Francesco Capasso (Counsel; corporate), Giusy Lauro (counsel; employment; all CMS Rome), David Prync (partner; corporate), and Ségolène Regout (senior associate; corporate; both CMS Brussels). CMS ZurichDr Daniel Jenny, Partner, Corporate/M&AFlorian Jung, Senior Associate, Corporate/M&ASamuel Gang, Senior Associate, Corporate/M&AAlexander Salamon, Attorney Trainee, Corporate/M&AChristian Gersbach, Partner, EmploymentMiryam Meile, Senior Associate, EmploymentMark Cagienard, Partner, TaxDirk Spacek, Partner, IP/ITMichelle Lindenmann, Associate, Real EstateCMS LondonNick Crosbie, Partner, Corporate/M&ALauren Wood, Senior Associate, Corporate/M&ACMS KyivTetyana Dovgan, Partner, Corporate/M&AMariana Saienko, Senior Associate, Corporate/M&AIhor Pavliukov, Associate, Corporate/M&ACMS RomeMarco Casasole, Partner, Corporate/M&AFrancesco Capasso, Counsel, Corporate/M&AGiusy Lauro, Counsel, Employment CMS Brussels David Prync, Partner, Corporate/M&ASégolène Regout, Senior Associate, Corporate/M&A
16/02/2024
CMS advises AEW on a participation in Partino Mobile Energie AG
AEW Energie AG has acquired a participation of 33% in Partino Mobile Energie AG and strengthens its powers in the area of e-mobility. The transaction announced in November 2023 has now been completed. Partino Mobile Energie AG, with registered office in Oberentfelden, is a renowned supplier of intelligent e-mobility solutions. Special focus is made on load management for charging points and the backend to operate charging points. In cooperation with Partino, AEW has fitted intelligent charging stations to several apartment buildings. AEW has built up comprehensive competences in the area of e-mobility and is a position to offer integrated solutions ranging from carsharing (Swiss E-Car) to mobility as a service. AEW Energie AG targets an active an leading role in the e-mobility sector and seeks to invest in integrated solutions and services. To that end, AEW has already been cooperating with Partino for some time. As a consequence of this successful collaboration, the parties have agreed to joining forces even closer. The participation in Partino rounds off AEW's portfolio in the area of e-mobility perfectly."The demand for innovative e-mobility solutions increase sharply. Thanks to the participation in partino, we can expand our competences and our offering in the area of e-mobility significantly. With Partino, we are in position to implement complex projects efficiently an to offer integrated dynamic load management systems, for example for apartment buildings", says Arian Rohs, Head Mobility Solutions at AEW.A team of CMS led by Alain Raemy and Florian Jung has advised AEW on all legal aspects of this transaction. CMS SwitzerlandAlain Raemy, Partner, CorporateFlorian Jung, Senior Associate, Cor­por­ateAl­ex­an­der Salamon, Attorney Trainee, CorporateMark Cagienard, Partner, TaxDavid Schuler, Senior Associate, TaxMiryam Meile, Senior Associate, EmploymentDirk Spacek, Partner, IP/IT
06/02/2024
CMS advises Bruker on the agreement to acquire Chemspeed
Bruker Corporation, a NASDAQ-listed US tech company, entered into a definitive agreement for the acquisition of Chemspeed Technologies AG, a Swiss provider of vendor-agnostic automated laboratory R&D and QC workflow solutions. Chemspeed is focused on modular automation and robotics solutions for chemical research, pharma drug formulation, materials research for cleantech and consumer applications. The Chemspeed acquisition accelerates Bruker’s entry into lab automation, digitalisation and scientific software solutions. Chemspeed offers modular automation to enhance productivity in R&D and QC departments to achieve more in less time and without additional staff. Chemspeed complements Bruker’s vendor-agnostic plat­form SciY™ for software automation and digital transformation of R&D labs in the life science, biopharma and cleantech industries. An international CMS team headed by Stefan Brunnschweiler and Andrea Relly (Switzerland), in collaboration with the US law firm Nixon Peabody LLP advised Bruker on all legal aspects of the transaction. CMS Switzer­land­Stefan Brunnschweiler, Lead Partner, Corporate / M&AAndrea Relly, Counsel, Corporate / M&ASamuel Gang, Senior Associate, Corporate / M&AAnna Mast, Associate, Corporate / M&AMarquard Christen, Partner, Competition and ComplianceJulia Haas, Senior Associate, Competition and Com­pli­ance­Bernhard Lötscher, Partner, ComplianceSophie Weber, Associate, ComplianceDr Dirk Spacek, Partner, Intellectual PropertyDr Simone Brauch­bar-Birkhäuser, Partner, Intellectual PropertyOlivia Zingg, Associate, Intellectual PropertyMark Cagienard, Partner, TaxJens Lehmann, Senior Associate, TaxMiryam Meile, Senior Associate, Em­ploy­mentSibylle Schnyder, Partner, Real EstateReto Hunsperger, Partner, Com­mer­cialAl­ex­an­der Salamon, Attorney Trainee, Corporate / M&ASophia Rovelli, Attorney Trainee, Corporate / M&AElisabeth Suter, Attorney Trainee, ComplianceCMS BelgiumKai Neuhaus, Partner, Brussel, CompetitionDavid Rappenglück, Associate, Brussel, CompetitionCMS UKRussel Hoare, Partner, Lon­don, Com­pet­i­tion­Claire Barraclough, Associate, Competition
18/01/2024
EP Case Law in Brief: Commercial success and inventive step
“Commercial success alone is not to be regarded as indicative of inventive step, but evidence of immediate commercial success when coupled with evidence of a long-felt want is of relevance provided...
16/01/2024
CMS advises Savills on the acquisition of VERBIER HOSPITALITY SA (Verbier...
Savills (Overseas Holdings) Limited, a group company of the Savills Group, acquires VERBIER HOSPITALITY SA, based in Verbier (Val de Bagnes). 
05/12/2023
Green claims - what needs to be considered
Consumers are increasingly focused on sustainability. Studies have shown that products with green claims sell better than others. But where are the limits of what is permitted when using green claims?
05/12/2023
Diverse legal reference points for biodiversity
Biodiversity ensures the functioning of all the ecosystem services that humans depend on. It supplies us with drinking water, forms the basis for food production and provides energy sources. It regulates the climate and protects us from natural hazards. Biodiversity is, therefore, not only of importance to nature. It is a foundation for our society and the entire economy. A large proportion of companies depend directly or indirectly on biodiversity.
21/11/2023
EP Case Law in Brief: Proof of common general knowledge
It is a common sight for a patent attorney – an EPO Examiner acknowledges that a claim is novel, but asserts a lack of inventive step over ‘D1’ in combination with ‘common general knowledge’...