With postulate from 5th of December 2013, the Swiss Federal
Council was invited to submit a report concerning the so-called
artist's resale right.
In consideration of France's introduction of the
artist's resale right in 1920 followed by the adoption of
similar Regulations in many States, including all Members of the
European Union, apart from the two biggest centers of art trade,
namely the U.S. and China, the Swiss Federal Council was invited to
demonstrate multiple possibilities allowing Swiss producers to
benefit for a percentage of the resale of their work on the art
The Swiss Federal Council thereupon submitted a report on 11th
of May 2016 showing various legal possibilities to this end and
also analysed its possible economic impacts. After consideration of
the issues, the report particularly shows that the aspired
objective of a wide individual economic and social betterment of
producers cannot be achieved. It also makes reference to the
figures for the European Union which clearly demonstrate that
ultimately only a few successfully benefit of such Regulation.
Therefore, the Swiss Federal Council is of the view that the
introduction of an artist's resale right may be dispensed.
Nonetheless, experiences in other States as well as developments at
international level, in particular the ongoing discussions in the
Standing Committee for copyright and related rights of the WIPO,
shall regularly be observed. Thus, the Swiss Federal Council does
not exclude a reevaluation at a later time.
Trading under your name is an appealing idea, especially in the fashion world where designers frequently use their own names as brands (think Hugo Boss, Donatella Versace, and Tom Ford, to name but a few).
1.The trade mark shall not entitle the proprietor to prohibit its use in relation to goods which have been put on the market in the Community under that trade mark by the proprietor or with his consent.
The future of the European Unified Patent Court (UPC) appears to look a bit clearer following recent ratification activities. On 16 January 2017, the Preparatory Committee for the UPC announced on its website that it is working under the assumption that the UPC can become operational in December 2017.
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