Welcome to the third edition of the Swiss IP Navigator – your guide to the latest developments in Swiss Intellectual Property law.
This edition opens with two Spotlight articles that continue our discussion on Open Source Software, building on the foundations laid in a previous issue and taking a closer look at legal and practical challenges when a software user utilizes open source components or integrates them into their own code. We then turn to a timely and widely discussed topic with cross-border relevance: the recent GEMA decision concerning the use of copyright-protected works for AI training purposes.
As always, we also explore a selection of recent trademark and IP-related decisions from the Swiss Federal Institute of Intellectual Property (IPI), the Cantonal Court of Schwyz, the Commercial Court of Bern, and the Federal Administrative Court, highlighting key takeaways for IP practice.
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Read more on these topics below. Should you have any questions or wish to discuss how these developments may affect your business, the MME IP team is happy to assist.
💡Spotlight
The Open Source Jungle: Legal Issues in the Spotlight
What are the opportunities and risks that arise when a software user utilizes open source components or integrates them into their own code? What needs to be considered when publishing software “as a service,” and what should be taken into account if patents are involved? In the third part of our Open Source series, we explore these and other key legal questions that users should keep on their radar when integrating open source components.
A landmark ruling by the Munich Regional Court sets boundaries for artificial intelligence in Europe. In its decision of November 2025, the court clarified that training texts reproducibly contained within a model - in this case, ChatGPT - constitute reproductions within the meaning the German Copyright Act. Accordingly, the court held that OpenAI infringed copyright by enabling its models to reproduce entire song lyrics without a license.
The Federation of Migros Cooperatives was unable to prevail before the IPI with its trademark «ZOÉ». The IPI acknowledged visual and phonetic similarities as well as a high similarity between the goods claimed, it denied a likelihood of confusion with the trademark «ZO SKIN HEALTH».Read more
The IPI rejected the opposition of Swiss CannaMed SA against the trademark «CannaMed Schweiz», denying a likelihood of confusion due to a reduced distinctive character of the figurative mark «Swiss CannaMed».Read more
Civil Courts
IPI wins first Swissness court case against foreign company. In its decision from August 2025, the Bern Commercial Court confirmed the IPI’s decision to prohibit BDSwiss AG from using the word «Swiss» in its name and the Swiss cross in its logo. Read more
The Cantonal Court of Schwyz denies a likelihood of confusion despite the parties’ close geographic and commercial proximity. The decision highlights that weak sign such as “tempo” enjoy only a narrow scope of protection, and that even minor differences may be sufficient to avoid confusion. Read more
Federal Adminstrative Court
Aldi Suisse will no longer be allowed to use the trademark «I COLORI DEL SAPORE». In its decision from October 2025, the Federal Administrative Court confirmed the IPI’s decision prohibiting Aldi Suisse from registering the word and figurative mark «I COLORI DEL SAPORE» in Switzerland, as it uses the Italian coat of arms as a component and therefore creates a likelihood of confusion. Read more
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