The New Data Protection Act Is Here: It Is Getting Serious!
The new Swiss Data Protection Act has been in force since 1 September 2023, without a transition period. We will show you the most important takeaways once again.
Art & Fashion
The Swiss Federal Constitution states that the freedom of art is guaranteed. However, this does not mean that it operates in a legal vacuum, even if it may often feel that way. Artists and fashion companies, for example, must observe intellectual property, competition law, cultural property and data protection laws. Those who are unfamiliar with these issues can often find themselves on thin ice.
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Registration of trademarks and designs
Registering a trademark or design is a basic requirement for protecting your intellectual property. Many mistakes can be made in the very formal application procedures. We find the right strategies, take care of the applications and accompany you through the rest of the process.
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Trademark and design infringements
We have decades of experience in the defence of intellectual property rights. We enforce claims for our clients in the event of infringement of trade mark and other intellectual property rights.
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Contracts and general terms and conditions
Many agreements in the creative industry are made more informally than in other business areas. We help to regulate contractual relationships in a clear and legally compliant manner – from the model release to the general terms and conditions.
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Licence agreements and transfer of rights
If you want to commercialise intellectual property rights, there is no getting around cooperation with third parties. We advise and support you when IP rights are to be transferred or licenced. We look for the best utilisation options for you.
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Compliance
Artists and fashion designers have to observe extensive compliance regulations, from textile labelling and supply chain tracking to money laundering. We help you keep an overview.
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Trademark monitoring
If you are not taking care of your trade marks, you are weakening yourself. The registration of similar or identical trade marks by third parties dilutes your own trade mark rights. Regular monitoring of the registers counteracts this. In most cases, collisions can be easily avoided. We offer monitoring services.
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IP research
Founding a company without first searching for relevant prior rights of third parties can have unpleasant consequences. There is a risk of losing all your investment in brand development. We search for prior rights and carry out risk analyses – even before registration.
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Rights of personality
Artists must respect the personal rights of others. This includes the right to one’s own image and the FADP. Data protection regulations must also be observed when processing contracts.
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Legal opinion
We prepare legal opinions on all issues relating to intellectual property, competition law, distribution law and examine business concepts for feasibility.
Ihr Ansprechpartner
Nicole Beranek Zanon
Phone
+41 41 710 28 50
Email
beranek@haerting.ch
Insights
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New Obligations under the Digital Services Act
The Digital Services Act passed last year is already relevant for so called "very large online platforms and search engines" since 25 August 2023. These services already need to comply with all new obligations under the act.
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AI Chats in Games and Data Protection
The integration of AI chats, like ChatGPT, in games will open up exciting new possibilities for the medium. Conceivable are evolutions of text-based genres, more in-depth stories and quests, and a much more immersive world for the players.
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Canton of Zurich revises law due to AI
After more than 15 years, the Canton of Zurich is undergoing a total revision of its law on information and data protection (IDG).
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Duty to provide information for decisions by AI to be tightened up
According to the parliamentary initiative of the Green Group of 15 June 2023, the nDSG should be amended in Art. 21bis nDSG.
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AI Content in Gaming: What About Copyright?
AI can be used to write dialogue, quests and item descriptions. In addition, it can generate art assets, game items and other objects. AI models will also greatly simplify the procedural generation of game worlds. The limits of the use of generative AI seem to depend solely on the imagination of the developers.
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May the right of use be with you
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On the „how“ of advertising with environmental claims using the example of the „climate neutral“ phrase
The Higher Regional Court of Düsseldorf (judgment of July 6, 2023 - 20 U 72/22) has ruled that a product advertisement with the claim "climate neutral" must not leave the consumer in doubt as to whether this climate neutrality is already achieved during the manufacturing process or only through compensatory measures.
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Swedish expectations: 1.1 Million Euro fine for Profiling
The Swedish Data Protection Inspectorate has imposed a fine of SEK 13 million on Bonnier AB.
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Data protection complaints about the use of ChatGPT in Italy and Switzerland
Due to numerous enquiries regarding the data protection conformity of ChatGPT, the FDPIC felt compelled to make a statement. In its media release, the FDPIC commented on the "use of ChatGPT and comparable AI-supported applications" in Switzerland and advises a conscious approach.
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Government draft of the 11th GWB amendment – Part 1: The BKartA becomes a competition fire brigade
On 05.04.2023, the Federal Cabinet adopted the 11th GWB amendment. Colloquially known as the Competition Enforcement Act, the amendment provides for a far-reaching expansion of the powers of the Federal Cartel Office (Bundeskartellamt, BKartA). The centrepiece is the new powers of intervention in connection with sector enquiries modelled on the British Competition and Markets Authority (CMA). The government draft will now be forwarded to the Bundestag and Bundesrat. This two-part article provides an overview of the planned innovations and assesses the impact on practice. Part 1 of the article first deals with the new sector enquiry.
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BGH on imitation protection under unfair competition law for product packaging
Germany: Competitors are protected from imitation by Section 4 No. 3 UWG. There it is regulated that a person acts unfairly if he offers goods or services that are an imitation of the goods/services of his competitor, for example, if he thereby causes avoidable deception of the customers as to the commercial origin....
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