Home / People / Dr Robert G. Briner
Dr Robert G. Briner

Dr Robert G. Briner

Of Counsel

CMS von Erlach Poncet Ltd.
Dreikönigstrasse 7
P.O. Box
8022 Zurich
Switzerland
Languages German, English, French

For more than two decades, Dr Robert G. Briner has been involved in software, computer, technology and e‑commerce law, in addition to his background in intellectual property law.
Robert Briner has authored many legal articles with topics such as information technology inventions, the legal position and the liability of internet service providers, liability for information provided on websites, software maintenance agreements, legal issues around the security of e‑mail. He is the author of a book about contracting over the internet and liability.

Robert Briner is a co-author of one of the most widely used sets of model contracts for the information technology sector in Switzerland, the so-called „SWICO/SwissICT Contracts“, which were drafted by a handful of industry experts equally representing the software industry and the users.

Robert Briner is a frequent lecturer in seminars. He is lecturing at the University of Zürich (licensing, patents, conflict of laws in IP) and at several technical universities.
His further activities include a board position in Switzerland’s AIPPI, where he is responsible for its website (www.aippi.ch), and a board position in SwissICT, one of Switzerland’s leading association in the information technology and communications sector (member of SwissICT’s expert committee, head of its Legal Commission).

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"CMS’s IP commander Robert Briner has amassed two decades’ experience in litigation; as a result, he is a decisive force in infringement proceedings who takes the fight straight to the door of those who dare to violate his allies’ IP rights."

IAM Patent 1000, Switzerland, 2018

Education

Robert Briner attended the University of Zurich lawschool, and finished his studies in 1979 with a thesis in civil procedure law with a „summa cum laude“ grade. He then worked as a court clerk in a District Court, and as a stagiaire in a mid-sized Zurich law firm, passing the Zurich/Swiss bar exam in 1981. In 1984 he became a partner in that same Zurich law firm. His further professional stations were the lawfirm founded by himself, Briner Hess Streuli Wiget, and Pestalozzi Lachenal Patry (1999-2006), where he was for some time a member of the firm’s management team, and where he headed the firm’s intellectual property and technology team. He joined our company in 2007 as a partner and currently heads the IP Team. 

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Memberships

  • Zurich Bar Association (ZAV)
  • Swiss Bar Association (SAV)
  • Expertenkommission von SwissICT (Vorsitzender der Rechtskommission)
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Lectures list

  • 14.06.2013, Konstanz, Dreiländertreffen der Deutschen Gesellschaft für Recht und Informatik, Moderation des Themenblocks "Wandel des Berufsbilds des IT-Rechtsanwalts"
  • 14.06.2013, Zürich, Hochschule St. Gallen, Referat zum Thema "Gewinnspiele"
  • 19.04.2013, Zürich/Rüschlikon, Europainstitut Zürich, Moderation der Tagung "Zukunft des Urheberrechts im digitalen Umfeld" 
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04 Dec 17
More Co­coa Powder for the Swiss? The Swiss view on the "Nu­tella gap"
Should Fer­rero, the pro­du­cer of Nu­tella, be hindered to pro­duce a Swiss-style Nu­tella just for the Swiss mar­ket with more co­coa powder than the "nor­mal" Nu­tella? On the as­sump­tion that Swiss con­sumers have a spe­cial taste, can Nestlé ad­just its Ness­presso cap­sules...
14 Aug 17
Design Law: When it comes to watches de­tails mat­ter (4A_565/2016)
In Switzer­land every­one agrees: One watch is not like the oth­er watch and de­tails mat­ter. The Swiss Fed­er­al Su­preme Court in one of its rare cases in design mat­ters just con­firmed this view un­der sev­er­al as­pects (see here). The case in­volved two Swiss pro­du­cers...
29 May 17
Re­vi­sion of Nov­el Foods Re­gime in Switzer­land
Nearly one quarter of the world’s pop­u­la­tion already eats in­sects. Yet, in the past they have not ap­peared on an European and Swiss di­et­ary plan. Totally new to hu­man con­sump­tion are some of the products of the in­nov­at­ive food in­dustry. A com­pany loc­ated in...

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