SWITZERLAND Law and Practice Contributed by: Peter Schramm, Timmy Pielmeier, Michael Ritscher and Andrea Schäffler, MLL Legal
3.10 Related Rights Work results that are subject to copyright protection can be protected by any other intellectual property right, such as design law, trade mark law or patent law, and by any neighbouring right, if the intangible good in question meets the respective requirements for protection. Swiss law applies the “principle of cumulation” of IP rights.
both authors and users) and implementing non- profit status for the societies; and • to ensure international co-operation and thus facili - tate international rights exploitation. Where there is significant increased public interest in accessing protected works, the legislator legalises such use by means of a limitation while sometimes imposing a compulsory remuneration, which can only be asserted through a collecting society (eg, the limi - tation for use of works for educational purposes). The five Swiss collecting societies are: • ProLitteris for collecting royalties for the copying and reproduction of written works; • SSA for enforcing performance rights, broadcast - ing rights, other rights of public communication and reproduction rights of authors in the fields of drama, musical drama, choreography, audiovisual media and multimedia; • Suissimage for enforcing audiovisual works by film authors, screenwriters and directors; • SUISA for enforcement of copyrights of music creators and composers, lyricists and publishers in musical works; and • SWISSPERFORM for enforcement of the neigh - bouring rights of performing artists, producers and Copyright protection in Switzerland is not subject to any formalities, such as a registration requirement (unlike Swiss trade mark law, for example) or the use of symbols such as ©. A copyright register does not exist. Unlike Germany, for example, Switzerland does not provide a public register for anonymous and pseu - donymous works, either. 3.8 Copyright Application Requirements There are no requirements to apply for the registration of a copyright; see 3.7 Copyright Registration . 3.9 Refusal of Registration The registration of a copyright cannot be refused by the copyright office as there are no requirements to apply for the registration of a copyright; see 3.7 Copy- right Registration . broadcasting organisations. 3.7 Copyright Registration
4. Trade Mark Registrations and Applications 4.1 Trade Mark Registration
Trade mark rights in Switzerland can only be obtained by registration: use of a sign cannot create trade mark protection. There are no different standards when reg - istering different marks, including in trade dress reg - istrations (see 2.2 Essential Elements of Trade Mark Protection ). 4.2 Trade Mark Register The (unitary) Swiss trade mark register is publicly available on the website of the Swiss Institute for Intel - lectual Property (IPI). Prior trade marks may constitute relative grounds for refusal (see 2.2 Essential Elements of Trade Mark Protection ). Consequently, a search for prior trade marks is highly recommended before applying to reg - ister a mark. The IPI does not examine applications for relative grounds for refusal (older trade marks) ex officio. Should an application be opposed by the appropriator of an older right without prior warning (warning letter), the applicant can avoid procedural costs by swift withdrawal of the opposed trade mark. The IPI database is a good starting point when searching for older trade marks, but it only provides an identity search; an additional, professional similar - ity search is highly recommended. The IPI provides a list of platforms that can be consulted and a list of professionals that can be contacted in order to fulfil the research, and offers certain services in connection with trade mark searches.
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