Intellectual Property & Data Protection

Areas of focus > Intellectual Property & Data Protection

LALIVE provides dispute resolution and advisory services on all aspects of intellectual property (IP), including trademarks, designs, domain names, copyright, patents as well as unfair competition.

Our expertise extends to advising on data protection matters, in particular related to e-commerce and the protection of the image and reputation of companies and individuals.

Our IP lawyers also negotiate, litigate and advise clients on all sorts of IP and Information Technology (IT) agreements such as licenses, franchises and IT outsourcing agreements.

Swiss based, we regularly work across borders and are well-versed in multi-jurisdictional matters calling upon our network of specialist lawyers for support in other jurisdictions.

Our lawyers are members of, and are actively involved in, various IP international associations including INTA (International Trademark Association) and AIPPI (International Association for the Protection of Intellectual Property).

We can add value in the following areas:

  • General IP advice: We can assist in all matters concerning trademarks, designs, patents, copyright, domain names, company names, personal rights, unfair competition and transactional work (licence & franchise agreements, etc.).
  • IP litigation: We have built considerable experience in civil (interim measures and ordinary proceedings), administrative (trademark opposition proceedings, WIPO domain names proceedings, etc.) and criminal (anti-counterfeiting) IP disputes.
  • IP prosecution: We assist in securing trademark and design rights, by filing Swiss and WIPO trademarks and designs applications and responding to office actions (i.e. decisions of refusal based on absolute or relative grounds).
  • IP due diligence (M&A, etc.) refer to relevant description.
  • Art disputes
  • Buying and selling art
  • Media & reputation
  • Pharma & biotechnology
  • Technology
  • A large fashion group in civil proceedings in Geneva in order to prevent a third party from using its trademark in Switzerland and cancelling a Swiss trademark which is the basic mark of a WIPO application.
  • One of the world’s leading luxury groups in criminal proceedings related to the dismantling of an international network of counterfeit products.
  • A Swiss entrepreneur in civil proceedings (both on interim measures and on the merits) initiated by a global major food company claiming that the firm’s client has re-filed an alleged historic lapsed trademark in bad faith. Given that there is no precedent on this particular legal issue in Switzerland, the case is of broader interest.
  • An international company active in the defence industry in relation to a wide number of intellectual property
    issues reflected in a complex set of contracts governed by Swiss law.
  • A Swiss pharmaceutical start-up the creation and management of its trademark portfolio, which includes five trademarks in various countries, both via WIPO and through national applications and involved conducting trademark availability searches worldwide.

Switzerland

Thomas Widmer, Deborah Lechtman, 2016

In: Dennis Campbell (General Ed.), Internet: Laws and Regulatory Regimes - 2nd Edition, Juris Publishing, 2016

Verwechslungsgefahr und Herkunftstäuschung

Tino Schneider, 2014

In: Josef Drexl, Reto Hilty et al. (Ed.), Max-Planck-Institute for Innovation and Competition, Series on Intellectual Property Law (Schriftenreihe zum gewerblichen Rechtsschutz), Volume 189, Heymanns, 2014

Suisse

Thomas Widmer, Kamen Troller, 2014

In: Pierre Greffe, François Greffe, Traité des dessins et des modèles
France - Union Européenne - Suisse - Continent Américain, 9th ed., Lexis Nexis, pp. 909-938.

Commentaire romand Propriété Intellectuelle

Thomas Widmer, Kamen Troller, 2013

Articles 5-7, 11, 21, 50-53 LDes et 14, 15, 141-143 et 145 LBI

Made in Switzerland : le projet Swissness bat de l’aile

Thomas Widmer, 2012

Le Temps, Economie Forum, 17 October 2012, p. 16

Utilisation d’une marque refusée à l’enregistrement

Thomas Widmer, 2012

sic! Revue du droit de la propriété intellectuelle, de l'information et de la concurrence, 2012, pp. 169

Switzerland

Veijo Heiskanen, Gilliéron Philippe, 2003

In: Barber/Gibson (Eds.), Online Service Providers: International Law and Regulation, Dobbs Ferry NY, Oceana Publications, 2003, pp. SWI 1-28

The 'responsive, clear and practical' practice at LALIVE has 'excellent capabilities in the field of intellectual property, commercial and contract law', mostly covering contentious trade mark, design, domain name, copyright, patent and unfair competition matters. Another specialism is IT-related work, such as data protection and agreements setting out licences, franchises and outsourcing measures.

Legal 500, Intellectual Property, 2019

Noted firm

Chambers Europe, Intellectual Property, 2017

Lalive’s ‘very good’ team is known for handling trade mark dispute resolution, including litigation and arbitration, and also provides trade mark prosecution services.

Legal 500, Switzerland, Intellectual Property, 2017

Lalive’s ‘very professional’ team is well known for IP dispute resolution, including litigation and arbitration, but also provides trade mark portfolio management, prosecution and advisory services.

Legal 500, Switzerland, Intellectual property (Tier 3), 2016

Lalive provides a wide range of IP services, including the management of global trade mark portfolios and representation before the WIPO, the Federal Institute of Intellectual Property, and arbitral and civil courts.

Legal 500, Switzerland, Intellectual Property, 2014

Noted firm

Chambers Europe, Switzerland, Intellectual Property, 2014