Intellectual property and information technology
Our team is well respected for assisting clients in purchasing, developing, protecting, licensing and defending technology assets. We are also well-known for supporting high tech companies in establishing their rights and commercializing their innovations (including e-commerce and online auctions) and drafting outsourcing and software development agreements, as well as for advising high tech companies on M&A, public offerings and joint ventures and for carrying out due diligence investigations.
Creating and maintaining brands and developing and protecting innovative products and solutions are key to the value of a business. We view the protection and management of intellectual property as a strategic matter that is integral to a company’s operation.
Our intellectual property group advises on the protection, enforcement and exploitation of all types of IP rights (patents, copyright, trademarks, designs, database rights, know-how, trade secrets and protection from slavish copying and other violation of rights under the law on unfair competition).
We advise on the development of a business's IP strategy and all aspects of its implementation, from registration and protection through exploitation, enforcement and anti-counterfeiting. We regularly advise on international licensing and cooperation agreements. Working closely with colleagues in our tax and competition teams enables us to find practical solutions to the complex IP issues involved. We also regularly advise on the IP aspects of due diligence in connection with acquisitions, disposals and joint ventures and litigate to enforce IP rights and defend infringement claims, using alternative dispute resolution processes such as mediation where appropriate.
Kellerhals Carrard offers legal services with regard to the entire range of development, manufacturing, procurement, marketing, distribution and protection of our clients’ products and services. Our expertise covers Swiss, European and international business relationships. We advise our clients in relation to various non-regulated business areas as well as on regulated industries, e.g. life sciences, telecommunication, energy, transport and financial services. Our activities relating to commercial contracts and distribution solutions include the following issues:
- Distribution strategies including distribution, agency, franchise and license agreements
- Sale, purchase, wholesale and other supply agreements
- B2B and B2C online transactions
- International procurement agreements for groups of companies
- Manufacturing and maintenance agreements
- Service and quality management agreements
- Marketing, media and sponsoring agreements
- Transport agreements, guarantees, letters of credit, shipping and customs documents
- General terms and conditions
- Product liability strategies
- Public procurement and compliance procedures
The legal services comprise in particular the drafting, negotiation, implementation and enforcement of agreements, negotiations and proceedings with governmental authorities, and the rendering of expert opinions for business and official organizations.
Our recent experience includes:
- Representing a medical device manufacturer building up its software development on an open source strategy
- Advising a leading supplier of automotive parts in the structuring of their web platform for global operations
Intellectual Property (incl. advertising)
- Advising food manufacturers and manufacturers of non-prescription phyto medicines on advertising health claims
- Consulting and drafting of complex license agreements for Pharmaceutical companies
- Advising Pharmaceutical companies in research cooperation with universities
- Registration of hundreds of trademarks, some containing descriptive terms, for major Swiss companies (among others Victorinox/Swiss Army Knife)
- Providing consulting services to a major sports brand regarding counterfeiting issues
- Drafting standard contract documentation for the supply of building facades, incl. general conditions of sale, purchasing, supply and service agreements
- Drafting of standard contract documentation for contract research organizations