Expertise

Intellectual Property | Entertainment | Unfair Practices

Intellectual Property<br/>Entertainment<br/>Unfair Practices

We regularly handle traditional copyright, trademarks, design, publicity rights, unfair competition and IP licensing matters and disputes across several industries, including luxury, watchmaking, IT, computing, software, med|bio|nanotech, food, retail, and media. We have developed a recognized expertise in entertainment law as well as emerging issues such as Free and Open Source strategies, Open Access models, and Creative Commons licensing. Click here for more.



Illustrative Assignments


Worldwide open source deployment project

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Intro
Client is a Geneva based international humanitarian aid organization managing projects in more than 60 countries worldwide. It has decided to integrate and deploy on the field a uniformed professional ERP solution tailored to its specific needs and turned to a leading commercial open source software provider to avoid vendor lock-in and license fees.

Process
We helped the client assess the legal, regulatory and governance risks related to the use of an open source solution for worldwide deployment and assisted in the negotiations with the integrator and the software editor. Because of the client’s specific needs and the licensing terms of the open source software, using a template or boilerplate agreement was not an option.

Outcome
In close cooperation with the client, we were able to complete the negotiations within weeks and set up proper governance rules and contractual terms that have allowed client to acquire specific know how of the software solution so as to progressively contribute to the development community base. Deployment was successfully completed in scope, in budget, and nearly on time.

Alleged Patent Infringement and Unfair Competition

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Intro
Client, an Asian technology group selling in particular mechanical and automatic watches worldwide, has been brought into litigation by a competitor as a result of the sending a cease and desist letter based on alleged massive patent infringement.

Process
Client turned to us to quash a preliminary court order obtained in Switzerland preventing it to communicate to the market its conviction and belief that some of its patents had been infringed. We helped client defend its rights in front a court of law and assess the overall strategy.

Outcome
We succeeded in having the preliminary court order entirely dismissed.

Creative Commons for publishers

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Intro
Client is a leading media group in Switzerland and the publisher of several magazines. Illustrations in the magazines and pictures in particular were commissioned to free lancers and client was wondering whether it could instead, at least on certain generic topics, use freely accessible online database pictures repositories, and under which conditions.

Process
We helped the client assess the legal, regulatory and governance risks related to the use of a creative commons licensing scheme, and recommended the limited use of such material.

Outcome

Licensing negotiations for watchmakers

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Intro
Client is a Swiss affiliate of an Asian based group of companies, and the manufacturer and distributor of several brands for watches, jewelry and accessories. Client had the opportunity to add to its portfolio two major US brands.

Process
We helped Client throughout the complex negotiations with the brands, starting with Letters of Intent, review of business, regulatory and financial constraints, and assessment of bargaining positions.

Outcome
Negotiations were completed with the brands for worldwide distribution although much bigger competitors had been interested in taking the distribution.