The Capsule Saga Comes to an End – Swiss Federal Tribunal Denies Trademark Protection to Nespresso Capsules

The Swiss Federal Tribunal has ruled that the shape of the Nespresso capsules is technically necessary and that Nestlé’s 3D trademark shall therefore be cancelled (decision 4A_61/2021 of 7 September 2021).


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Swiss Federal Supreme Court confirms when the Display of Information is a Technical Feature that can Provide an Inventive Step

Is an animated lung on a display of a ventilator machine merely an unpatentable display of information or is it a technical feature that can provide an inventive step? For the first time, the Swiss Federal Supreme Court spoke on the issue that such graphical user interfaces can be technical, and affirmed a Swiss Federal Patent Court’s decision (see BGer 4A_609/2019, July 16, 2020 affirming BPat…

Switzerland issues new regulations to ensure national health care during the COVID 19 epidemic – The impact on the Life Sciences sector

On 3 April 2020, the Swiss Federal Council decided on new measures to coordinate the supply of essential medical supplies to combat Coronavirus. Those measures could have a significant impact on the Swiss market for pharmaceuticals and medical devices. The new instruments are defined in an amendment of the Swiss Ordinance on Measures to Combat the Coronavirus (COVID-19 Ordinance 2), which is ba…

Supplementary Protection Certificates

Landmark Decision of the Swiss Federal Supreme Court concerning Supplementary Protection Certificates

The Swiss Federal Supreme Court issued a landmark decision concerning the requirements for Supplementary Protection Certificates (SPCs) for combination products. Until recently, Switzerland stood solid as a rock and defended the so-called infringement test for SPCs for pharmaceutical products containing a combination of active ingredients. The Federal Supreme Court has now ruled that while the …


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