The media privilege pursuant to article 28 SCC does not apply to individuals who share defamatory posts on Facebook

According to a ruling of the Swiss Federal Supreme Court of November 18, 2020 (6B_440/2019), a Facebook user who shares another person’s defamatory post published on Facebook cannot invoke the media privilege pursuant to article 28 Swiss Criminal Code (SCC), even though the Swiss Federal Supreme Court considered the social media platform Facbook to be a “medium” within the meaning of Article 28 SCC in the relevant context. However, the Swiss Federal Supreme Court ruled that the media privilege in the sense of this legal provision only applies to those persons who are necessarily active within the production and distribution chain typical for the medium which has to be determined in the context of each individual case.

 

New database of the Swiss Federal Institute of Intellectual Property (IPI) for trademarks and emblems

In August 2020 the Swiss Federal Institute of Intellectual Property (IPI) launched a new database of trademarks and emblems registered in the Swiss trademark register which is accessible to the public via the web.

Although this new database contains the same data on registered Swiss trademarks as the existing database Swissreg (official publication medium of the IPI) it offers all interested parties – especially owners and representatives of registered Swiss trademarks – new features on a state-of-the-art user interface.

A major improvement for registered owners and representatives of registered Swiss trademarks is the option to enter various changes (i.e. transfer of a trademark, name and address of the trademark owner, representative, licensee, usufructuary and pledgee) online via the detail view of a trademark in the trademark database.

Until Swissreg is replaced for all areas of protection, the Swissreg database and the new database will be operated in parallel. The official publication medium for all intellectual property rights remains Swissreg.

Example (CH-Trademark 746386) -=+ LessIsMore ((fig.))

CH-trademark "LessIsMore" (#746386) in Swiss Trademark Database