| Intellectual Property, in particular Patent Litigation in Switzerland Dr. iur. Andri Hess April 22, 2013.

Slides:

Advertisements

Similar presentations

1 COURT OF ARBITRATION FOR SPORT by Felix Majani University of Tillburg, Spring Semester 2010.

Advertisements

By Felix Majani University of Tillburg, Spring Semester

The German Experience: Patent litigation and nullification cases

World Intellectual Property Organization (WIPO) Dispute Settlement and Effective Enforcement of IP.

The Belgian judicial system

INTRODUCTION INTO PRIVATE INTERNATIONAL LAW OF THE EUROPEAN UNION Marko Jovanovic, LL.M. MASTER IN EUROPEAN INTEGRATION Private International Law in the.

Law For Business And Personal Use

Unit 1 – The South African Legal System Advocate Samuels BUSINESS LAW.

The Role of Patent Attorneys

The judicial system in Albania The judicial power is exercised by the courts of first instance, the courts of appeal and the High Court. Courts may be.

1 Resolution of Intellectual Property Disputes VenueNovotel Bauhinia Shenzhen Hotel, China Date15 October 2008 Presented by Charmaine KOO Partner, Intellectual.

Basic notions and sources of law

INTERNATIONAL AIR LAW CONFERENCE 85 ANNIVERSARY OF WARSAW CONVENTION 24 OCTOBER 2014.

Judicial reform in Montenegro in the scope of the European Union integration process The road forward and the steps taken Ms. Branka Lakočević Deputy Minister.

The EUROPEAN PATENT SYSTEM AND ITS FUTURE PROSPECT

1 CONSTITUTIONAL LAW 06 FEDERALISM: HISTORICAL BACKGROUND I Shigenori Matsui.

1 27 Sep Access to Justice in DK Implementation of the Aarhus Convention in Denmark Ratified on the 29th September 2000 Costs of implementation –

GENERAL ALBANIAN PATENTS AND TRADEMARKS OFFICE Sub-regional seminar on the commercialization and enforcment of intellectual property rights.

CHAPTER 1 The sources and institutions of employment law.

The Evolution of English IP Litigation within the European Union Stephen Jones Solicitor-Advocate, UK and European Patent Attorney Baker & McKenzie LLP.

LANGUAGE AND PATENTS Gillian Davies Montréal, July 2005.

Meyerlustenberger Rechtsanwälte − Attorneys at Lawwww.meyerlustenberger.ch European Patent Law and Litigation Guest Lecture, Health and Intellectual Property.

The Unitary Patent One single patent covering 25 EU members October 2013 Rodolphe Bauer, Frédéric Dedek, Gareth Jenkins, Cristina Margarido Patent Examiners,

Cern.ch/knowledgetransfer. Knowledge Transfer | Accelerating Innovation Charlyne Rabe CONTRACTS FOR TECHNOLOGY TRANSFER Charlyne RABE KT Legal Advisor.

European civil procedure law Judicial cooperation in civil matters

© 2011 South-Western | Cengage Learning GOALS LESSON 1.1 LAW, JUSTICE, AND ETHICS Recognize the difference between law and justice Apply ethics to personal.

Handling IP Disputes in a Global Economy Huw Evans Norton Rose Fulbright LLP.

Baker & McKenzie Presented by Gabriela Vendlova 3 December 2002 Intellectual Property Rights: Importance of Trademark Protection in the Digital World.

Course: Law of the European Union [5] Administrative and judicial procedures in the European Union Filip Křepelka,

European civil procedure law Judicial cooperation in civil matters.

Appeals in patent examination and opposition in Germany Karin Friehe Judge, Federal Patent Court, Munich, Germany.

Cultural Policy in Switzerland Dr. Jean-Frédéric Jauslin, Director Federal Office of Culture 37th PEARLE* Conference.

Institut der beim Europäischen Patentamt zugelassenen Vertreter Institute of Professional Representatives before the European Patent Office Institut des.

The Unified Patent Court

VIETNAM. Judiciary COURT Commercial ARBITRATION CRIMINAL CIVIL LABOUR ECONOMICAL ADMINISTRATIVE The Rule of Law.

Federal Courts There are two separate court systems in the United States: 1) Federal and 2) State *Most cases heard in court are heard in State courts.

© OECD A joint initiative of the OECD and the European Union, principally financed by the EU. Trends and Features in the Review and Remedies System in.

Ministry of Agriculture and Environmental Protection of the Republic of Serbia Implementation of the third pillar of the Aarhus Convention - Access to.

WARSAW May 2006 Seminar on Enforcement of Property Variety Rights.

Agreement on Patent Litigation. Jan Willems Still going strong.

“THE UNITARY PATENT AND THE UNIFIED PATENT COURT: A PRIVATE INTERNATIONAL LAW PERSPECTIVE” Prof Dr Paul L.C. Torremans School of Law University of Nottingham.

Swiss Chamber‘s Arbitration Institution

19 June '09Effects and execution of the constitutional review judgments 1 Execution and effect of the constitutional review judgments in Estonia Gea Suumann.

OEPM The European Patent with unitary effect: Gateway to a European Union Patent? Perspectives from non-participating member States. Raquel Sampedro Head.

Criminal Law Lecture 3 Cyprus Judicial System  Supreme Court  District Court  Assize Court  Family Court  Rent Control Tribunals  Industrial Tribunals.

Egert Pärna Kanepi Gymnasium Form 10. Circuit courts County courts Administrative courts Supreme Court Introduction.

1 CEIPI Conference Towards a European Patent Court 17 April 2010.

The Courts – Federal Court System Objective: Identify the source of power of the federal courts Name the various levels of federal courts and describe.

Remedies Introduction to the Module. What you need to know? Additional Skills? A range of major remedies The ability to recognise which remedy can be.

M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Working Group for Chapter 16 – Taxation Bilateral screening:

Jurisdiction and Inferior Courts Article III, Section 1.

Prosecution and investigative authorities in Romania Current status and future reforms Monica Otava Prosecutor Prosecutor’s Office Attached to the High.

The Judicial Branch “The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from.

Sarajevo, November 14, 2012 JUDr. Ivana Hrdlickova, Ph.D. The Reduction of Backlog cases The Experience of The Czech Republic.

The Court system and The Constitutional Court system of Korea KH LEE )

Slide 1 Federal Court of Australia National Court Framework (NCF).

Federal Courts Chapter Three.

Chapter 8: The Federal Courts and the Judicial Branch Section 1: The Federal Court System (pgs )

Commercial & Property Law

Harrie Temmink Industrial Property Unit European Commission

Professor Wang Xiaoye Chinese Academy of Social Sciences Law Institute

The OHIM Sabina Rusconi, institutional affairs and external relations department, OHIM Roving Seminar on the Conmunity Trade Mark System in China,

Protective Measures in Support of Arbitration

The Office for Harmonization in the Internal Market

Efficient and Balanced European Patent System Comments from U. S

SPCs and the unitary patent package

The Role of Patent Attorneys

INTRODUCTION INTO PRIVATE INTERNATIONAL LAW OF THE EUROPEAN UNION

Third Party Evidence Gathering „European Style“– and a word of caution on data protection combar - North American Meeting | Vienna Balz Gross May 31, 2018.

Public Procurement in Macedonia Achievements in 2014

Presentation transcript:

| Intellectual Property, in particular Patent Litigation in Switzerland Dr. iur. Andri Hess April 22, 2013

| —Switzerland is a federation of 26 cantons —competence to legislate in the field of substantive civil law (including IP) lies with federation, while competence to organize judiciary and establish procedural law lied with the cantons —federal law requires cantons to denominate 1 court for intellectual property matters and provides for the possibility to appeal cantonal judgments to the Federal Supreme Court —only two court levels: Historic Framework Federal Supreme Court Cantonal court in Zurich; CCP Zurich Cantonal court in Berne; CCP Berne Cantonal court in Geneva; CCP Geneva 2April 22, 2013 …

| —26 different procedural laws  constitution amended in 2000; power to legislate in the field of civil procedure transferred to federal level; Federal Code of Civil Procedure enacted 1|1|2011 —many cantonal courts did not receive enough patent cases to build up experience  establishment of Federal Patent Court; Federal Patent Court became operative 1|1|2012 Evident Shortcomings, Remedied 3April 22, 2013

| —exclusive jurisdiction over all matters that involve questions of substantive patent law, in particular infringement and validity —concurrent jurisdiction with cantonal courts in all other civil actions associated with patents —first instance civil court, not criminal court and not court of appeals against decisions of the Swiss patent office —Federal Patent Court judgments can be appealed to the Federal Supreme Court —pro memoria: —Switzerland is a member of the European Patent Organisation | European Patent Convention … —… but not a member of the EU and the EEC —development in EU regarding a European patent with unitary effect and a unified patent court will not affect the Swiss system Federal Patent Court – Jurisdiction 4April 22, 2013

| —Judges —38 judges, the majority with a technical background —only 2 permanent judges, the others work in private practice or in the industry and are called only on case-by-case basis —strict conflict of interest management required —Deciding bodies —3 to 7 judges, always including technically trained judges —no need for external experts because technical knowledge is available within the deciding body Federal Patent Court – Distinctive Features 5April 22, 2013

| —Financing —not trough general state budget … —… but only through court fees and contributions from the Swiss patent office taken from the patent fees annually collected by the office —court fees: capped at CHF 150,000; e.g. CHF 20,000–66,000 for value in dispute of CHF 1 Mio —Languages —all 4 national languages (German, French, Italian, Rumantsch) may be used in parallel —in addition English if all parties agree —Court aims at duration of proceedings of 1 year; more realistic is 1½ years Federal Patent Court – Distinctive Features 6April 22, 2013

| Thank you for your attention. Dr. Andri Hess T Homburger AG Prime Tower Hardstrasse 201 | CH-8005 Zürich Postfach 314 | CH-8037 Zürich