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MLL Meyerlustenberger Lachenal Froriep Ltd | Switzerland | 27 Sep 2021

Question of fact or law – court sheds light on longstanding issue in Swiss patent law, or does it?

In a recent decision, the Federal Supreme Court dealt with the long-disputed question of whether the assessment of patent claims is fundamentally a question of law or a question of fact. In finding that the interpretation of patent claims must not be interpreted in an empirical but in a normative manner, the Court held that the interpretation of patent claims is a question of law.
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Walder Wyss Ltd | Switzerland | 17 Sep 2021

FDPIC recognises new EU SCCs subject to certain modifications and amendments

As expected, the Federal Data Protection and Information Commissioner has recognised that the standard contractual clauses adopted by the European Commission provide for an adequate level of data protection under Swiss data protection law in case of data transfers – provided, however, that certain modifications and additions are made to these clauses to be compliant with Swiss data protection......
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Lenz & Staehelin | Switzerland | 24 Aug 2021

No interruption of statute of limitations during appeal stages

Civil Law provides for various statutes of limitations. As a rule, and unless otherwise provided, civil claims become time barred 10 years after their due date. However, there are some exceptions to this rule. There are several accepted circumstances within which the statute of limitations may be interrupted within civil claims, but the statute of limitations cannot stay interrupted forever....
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Lenz & Staehelin | Switzerland | 19 Aug 2021

Secretariat of Competition Commission clarifies conditions for unlawful consortium

To date, there has been hardly any practice on the antitrust assessment of consortia in Switzerland. The Secretariat of the Competition Commission has published the final report of a preliminary investigation concerning a matter in the construction sector. This report clarifies the conditions under which a consortium, particularly a permanent one, is permissible.
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Lenz & Staehelin | Switzerland | 28 Jul 2021

Federal Council proposes parental leave for care of seriously ill children

A new form of parental leave to care for a child with serious health problems due to illness or accident recently came into force. Its flexible terms and conditions allow care to be provided in a way that accommodates the needs of both parents and children.
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Tavernier Tschanz | Switzerland | 22 Jul 2021

Swiss Arbitration Centre and revised Swiss Rules of International Arbitration

The Swiss Chambers' Arbitration Institution recently became a Swiss limited company and was renamed the "Swiss Arbitration Centre". It can count on the full support of the Swiss Arbitration Association, its majority shareholder. This change was accompanied by the entry into force of the revised Swiss Rules of International Arbitration. This article outlines some of the key changes that the......
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Walder Wyss Ltd | Switzerland | 16 Jul 2021

Data Protection Ordinance pre-draft specifies private entity obligations under revised data protection law

The pre-draft of the revised Federal Data Protection Ordinance (rev-DPO) specifies and complements the provisions of the revised Federal Data Protection Act (rev-DPA). Companies that are currently reviewing and adapting their data processing activities to the rev-DPA are recommended to take into account the pre-draft of the rev-DPO.
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Lenz & Staehelin | Switzerland | 14 Jul 2021

UK nationals: impact of Brexit on residence and work permits in Switzerland

The Agreement on the Free Movement of Persons (AFMP) no longer applies between Switzerland and the United Kingdom. However, new bilateral agreements have been agreed to regulate important areas such as trade and immigration. This article investigates the impact of Brexit on UK nationals who acquired rights in Switzerland based on the AFMP before 1 January 2021 and its impact on the rights of......
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Lenz & Staehelin | Switzerland | 12 Jul 2021

Latest regulatory developments in Swiss energy law

Following a call for a referendum, the revised CO2 Act was recently rejected by the Swiss voters. The revised CO2 Act provided for a range of measures which would have particularly affected energy-intensive industries. In addition, the Federal Council recently adopted various revised ordinances in the energy sector which have now come into force. The Federal Council has also approved the......
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Walder Wyss Ltd | Switzerland | 11 Jun 2021

Abolition of issuance stamp duty to further boost Swiss economy

In Switzerland, 1% issuance stamp duty is levied on capital contributions from shareholders to Swiss companies. This stamp duty is curbing capital injections as these costs induce shareholders to finance Swiss companies through shareholder loans. Such a financing strategy turns out to be especially harmful in an economic crisis. Against this backdrop, the Council of States of Parliament......
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