Don’t infringe the rights of others. Patent, trade mark, design and copyright infringements can be punished: with a monetary penalty of up to CHF 1,080,000 or, in the worst case, up to five years of a custodial sentence plus a monetary fine. In addition, you may have to pay damages.
Even if things don't get that far you stand to lose a lot. For instance, if you lose a trade mark infringement case, you will have to stop production and destroy any existing products, marketing materials and office documents.
We recommend clarifying the following before beginning production:
- Does your product tangent other patents?
Professional searches can help you avoid possible risks of patent infringement. Discuss how to proceed with an expert.
- Does the name of your product or logo infringe older trade mark rights?
A similarity search will help you find out whether earlier trade mark rights exist.
- Have identical or similar designs already been registered? Check specialist shops, competing businesses, trade fairs and literature.
Don’t forget: this applies whether you’ve protected your intellectual property or not! Even if you don’t own any intellectual property rights, you can still end up in litigation over other patents, trade marks, or designs.
- Professional searches: Searches for identical or similar trade marks protected in Switzerland can be carried out by a variety of professional providers.
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Conference on Intellectual Property & Sustainability at the University of Geneva
Symposium: "Best practices in the fight against counterfeiting & piracy – NFTs not your cup of tea? Well, they should: NFTs as a new way of fighting counterfeiting and piracy"