In Life Science Recht 4/2020
KATZAROV SA – by Olha Yampolska and Julie Mondon
Pharmaceutical, healthcare and medical device companies, apart from registering their product’s name as a trademark, may also seek protection for the shape of the product or its packaging. Such protection may take the form of a 3D trademark or a design. Based on the current practice in Switzerland and available case law, the article discusses the criteria of obtaining protection in Switzerland for 3D trademarks and designs as they are specifically applied to pharmaceutical and medical products, drawing parallels between each title of protection and providing recommendations on the best strategy.