The Swiss Competition Commission supports the legal admissibility of parallel importation of patent-protected products into Switzerland

I - Background A complete overhaul of the Swiss Patent Act enacted on June 25, 1954 is being discussed (mid-2007) by the Swiss Parliament. In this context, one of the heavily-debated topics is the scope of protection granted by a patent, in particular the question of whether a patent holder should be entitled to prohibit so-called parallel importation. From a Swiss legal perspective, the issue at stake is to determine whether the new Swiss Patent Act should reflect the national or the international exhaustion principle, or a combination of both. The exhaustion principle (also known as the first sale doctrine) constitutes one of the limits of intellectual property rights. Under this principle, once a patent-protected product has been marketed by the patent holder (or by third parties

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  • ABELS Avocats (Geneva)

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Philipp Fischer, The Swiss Competition Commission supports the legal admissibility of parallel importation of patent-protected products into Switzerland, 26 June 2007, e-Competitions Bulletin June 2007, Art. N° 13780

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