SWITZERLAND Law and Practice Contributed by: Dirk Spacek, Wenger Plattner
8.4 IP Evolution Traditional IP concepts in Switzerland remain fit for purpose, but they are challenged by new technologies such as AI and data-driven services. For instance, machine-assisted inventions or data assets missing human authorship or inventorship create items not fitting into the existing IP-categories and may lack protection. While overall the author believes copy - right, patent, and trade secret regimes still continue to provide a solid basis, contractual arrangements and trade secret protection will become more important to supplement the existing statutory IP rights.
light-touch approach focused on innovation, with tar - geted rules for high-risk uses of AI. Alignment with EU developments is likely to remain important for cross- border compatibility. 8.2 Standards in Contract Drafting Swiss IT contract standards have become more detailed and compliance-driven in recent years, main - ly due to the FADP and increased cloud and outsourc - ing use. Key developments include more granular data processing agreements, clearer allocation of roles, stronger security and breach notification clauses, and broader audit and subcontractor controls. 8.3 Hyperscalers Hyperscalers such as Microsoft, AWS and Google have made IT contracting in Switzerland more stand - ardised and less individually negotiable. Customised requirements are mostly met with so-called “standard amendments”, of which many exist, and hyperscal - ers tend to employ for similar scenarios encountered with many other customers. Overall, their influence has reduced contractual flexibility, but depending on the bargaining power/leverage of the respective customer. On the customer side, this has increased reliance on governance, compliance, and multi-cloud procurement strategies.
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