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.
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.
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.
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.
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.
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.
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.
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.
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.
We prepare legal opinions on all issues relating to intellectual property, competition law, distribution law and examine business concepts for feasibility.
At the 8th Symposium on Freedom of Information, Prof. Niko Härting presented the German Bar Association’s proposals for reforming the Freedom of Information Act. The key points of his keynote speech have now been published in the conference proceedings.
In future, anyone organising concerts in Switzerland should have a clearer understanding of to whom copyright royalties are to be paid. A parliamentary initiative aims to significantly restrict direct licensing for concerts, thereby safeguarding the collective management system operated by SUISA. For organisers, musicians, agencies and festivals, this is about far more than just administration. It is about legal certainty, predictable costs and the question of how music creators can be fairly remunerated in an increasingly fragmented market.
What compensation are data owners entitled to claim if they are required to disclose data from connected products to third parties? Dr Martin Schirmbacher explains the requirements set out in the Data Act regarding fair, reasonable and non-discriminatory contractual terms.
Quantum computers are often still regarded as a thing of the future. However, FINMA makes it clear that the associated cyber risks must already be incorporated into the risk management of supervised institutions. With its new guidance, the supervisory authority expects banks, insurance companies and other financial market participants to strategically plan the transition to quantum-secure encryption methods. Those who wait until powerful quantum computers are available before taking action may already be too late.
Episode 55 of the sports law podcast “Liebling Bosman” focuses on ticket allocation for the 2026 FIFA World Cup and the employment law implications of taking on a secondary role in the Baller League. Fabian Reinholz, Robert Golz and Dr Holger Jakob discuss the complaint lodged by Football Supporters Europe and Euroconsumers against FIFA regarding the allocation and pricing of World Cup tickets. In an interview, FSE Director Stuart Dykes explains the background to the issue and the potential rights of football fans. The hosts also examine a court ruling on the conditions under which a head coach’s role in the Baller League could justify dismissal.
Dr Ole Schröder is investigating how legal uncertainty surrounding the processing of personal data hinders innovation and complicates the development of data-driven business models and AI applications in Europe.
In his foreword to the *Casebook on European Data Law*, Dr Ole Schröder assesses the significance of the Council of the European Union in the emergence and further development of European data protection law.
In episode 185 of “Follow the Rechtsstaat”, Prof. Niko Härting and Dr Stefan Brink discuss recent rulings and debates that straddle the line between light and shadow. First, they address a proposal to schedule demonstrations and counter-demonstrations at different times. They then discuss the planned reform of data protection supervision. Other topics include a ruling by the European Court of Justice on a Swedish database containing information on criminal proceedings, as well as the publication of athletes’ personal data in cases of doping offences.
An analysis of the Covid-19 support schemes is now making it increasingly clear that many of the demands for repayment are not simply a reflection of sound budgetary management, but the result of legally questionable tightening of the rules, unclear decisions and hastily conducted mass proceedings. Courts in North Rhine-Westphalia and Baden-Württemberg have set clear limits for the authorities. Whilst other federal states are responding politically to this development, Berlin has so far stuck to a hardline and non-transparent approach.
In episode 184 of “Follow the Rechtsstaat”, Prof. Niko Härting and Dr Stefan Brink discuss well-known contentious issues that are once again in the legal and political spotlight. The focus is on the complaint lodged by Reporters Without Borders against the use of spyware by the Federal Intelligence Service, data protection risks associated with the use of cloud solutions by public libraries, and international data transfers. The two also discuss what implications current developments in the US might have for the adequacy decision on the EU-US Data Privacy Framework.
Proxy advisers influence the decisions of numerous shareholders every year. Until now, however, it has largely gone unnoticed when these same firms have also advised listed companies. That is now set to change. The Federal Council is proposing new transparency requirements in the Swiss Code of Obligations to disclose potential conflicts of interest and strengthen confidence in general meetings.
In episode 183 of “Follow the Rechtsstaat”, Prof. Niko Härting and Dr Stefan Brink discuss current proposals for reforming data protection law and freedom of information. The discussion begins with an essay on the case law of the European Court of Justice in data protection law. It then moves on to the ‘Stuttgart Initiatives’ for modernising data protection and the planned ‘one-for-all’ approach to decisions by supervisory authorities. Finally, the two discuss the German government’s plans to cut red tape and the possible abolition of the Freedom of Information Act.
