by Andrea Schittino | Oct 20, 2022 | FAQ
The conclusions of a judgement are the final part of a judgement and, as such, contain the decision of the court without the legal grounds or considerations, which are generally pronounced earlier. In particular, the conclusions stipulate whether the court has...
by Andrea Schittino | Oct 20, 2022 | To consider
The court notifies the IPI (Swiss Federal Institute of Intellectual Property) of the judgement free of charge. It does this ex officio and it is thus mandatory (Art. 66a CopA). The aim is to create an IPI information centre containing material relating to case law in...
by Andrea Schittino | Oct 20, 2022 | FAQ
If the principal action is not yet pending, the court shall set a deadline within which the applicant must file his action, under penalty to the ordered measure. This is not required if the summary proceedings only aim to request a precautionary...
by Andrea Schittino | Oct 20, 2022 | FAQ
The claimant must act as soon as possible. If the claimant delays, he risks being suspected of having committed an abuse of rights at a later date.
by Andrea Schittino | Oct 20, 2022 | FAQ
The claimant must show that the facts and consequences they are claiming are plausible by providing the court with documentary evidence. Spontaneous written testimonies or expert reports can prove useful for showing the claims to be plausible but they must be verified...
by Andrea Schittino | Oct 20, 2022 | FAQ
There is a distinction between court proceedings and summary proceedings, especially when it comes to preliminary measures. In court proceedings, the claimant must provide conclusive evidence of their rights. With preliminary measures in summary proceedings, the...
by Andrea Schittino | Oct 20, 2022 | FAQ
The preliminary measures must be subject to a prior hearing with the opposing party. However, in cases of special urgency, and in particular where there is a risk that the enforcement of the measure will be frustrated, the court may order the interim measure...
by Andrea Schittino | Oct 20, 2022 | FAQ
The subject of a preliminary request can be: the seizure of copies of the work in question;an expert inspection;the request to draw up an inventory;the collection of information to establish the origin, quantity and recipients of the disputed goods;the prohibition of...
by Andrea Schittino | Oct 20, 2022 | FAQ
Preliminary measures in civil law (Art. 65 CopA) will provide the claimant with interim protection in a legal action until a final decision is made. The law has set out preliminary measures which can be requested before the main court proceedings to establish an...
by Andrea Schittino | Oct 20, 2022 | Good to know
If, after the summary proceedings for preliminary measures, the principal action is not yet pending, the court will set a deadline within which the applicant must file their action, subject to the ordered measure becoming automatically ineffective in the event of...
