SWITZERLAND Law and Practice Contributed by: Philippe Nordmann, Marion Bähler, Dario Glauser, Christian Hagen and Samuel Lieberherr, Walder Wyss Ltd
• added flexibility regarding the structuring of the share capital, inter alia with the introduc - tion of the so-called capital band (a range within which the company’s board may increase or decrease the share capital without further approval by the shareholders’ meet - ing), allowing a company to have its share capital in its functional currency and reducing the minimum nominal value from CHF0.01 to any amount higher than zero; • added flexibility for dividends, in particular by enabling so-called interim dividends – ie, dividends from the profits of the current year; • expanding the rights of minority shareholders; • enabling virtual shareholders’ meetings and written or electronic shareholders’ resolu - tions; and • restructuring the rules on insolvency and overindebtedness. Companies have been granted a two-year grace period until 31 December 2024 to amend their articles of association in conformity with the new Swiss Corporate Law. Revised Patent Act On 15 March 2024, the Swiss Parliament approved the revision of the Patent Act, which is expected to come into force in 2026. Currently, the Ordinance to the Patent Act is open for pub - lic comment. The main changes to the Patent Act are as follows.
• Patent applicants will be able to request that the Swiss Federal Institute of Intellectual Property examine their patent application for all patentability requirements. The fully examined national patent will offer medium- sized enterprises and individual inventors, in particular, an equivalent, convenient and lower-cost alternative to the European patent. On the other hand, the partially examined patent will continue to be an inexpensive and easily obtainable IP right. • The Swiss Federal Institute of Intellectual Property will have to establish the state of the art in the field of the invention. The search results will be published, which will allow all interested parties to determine whether the invention is eligible for patent protection. Overall, this will increase the value of the Swiss national patent • The well-versed Federal Patent Court, instead of the Federal Administrative Court, will judge appeals against decisions of the Swiss Fed - eral Institute of Intellectual Property. Possible Revision of the Swiss Labour Act At the political level, a relaxation of some provi - sions of the Labour Act is currently being dis - cussed with regard to employees who work remotely (eg, exemptions from the prohibition of work on Sunday). However, it is not yet possible to say whether – and, if so, when – such changes will come into effect.
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