Switzerland

Recent Articles

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  02.10.2023

  Switzerland

  Swiss Federal Council sets course for corporate sustainability reporting and due diligence framework

  BackgroundMajor Swiss companies are now required to be transparent in certain areas of their business, reporting on environmental, social, labour, human rights and anti-corruption risks. Such reporting must also outline the measures they have adopted in these areas (i.e. "non-financial reporting obligation").In addition, companies whose activities present risks in the sensitive areas of child labour and minerals and metals from conflict zones must also comply with a more extensive reporting obligation and specific duties of due diligence. These rules have been crystalised in the Swiss Code of obligations.In...

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  29.09.2023

  International

  EP Case Law in Brief: Erroneous Disclosures

  “Mistakes in a document do not in themselves constitute prior art such as to prevent the grant of a patent.”So begins section I.C. 4.9 of the Case Law of the Boards of Appeal. This statement, and the accompanying case law, provides for the possibility of a ‘get out of jail free card’ for novelty objections in certain circumstances.An invention is "considered to be new if it does not form part of the state of the art". The "state of the art" is defined as "everything made available to the public by means of a written or oral description, by use, or in any other way, before...

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  27.09.2023

  Europe

  The European Corporate Sustainability Due Diligence Directive (CSDDD) – Where are we?

  What is CSDDD?On 23 February 2022, the European Commission published its proposal for a Directive on corporate sustainability due diligence (the “Proposal”), which aims to foster sustainable and responsible corporate behaviour throughout global value chains. The Proposal requires in-scope companies to identify, and, where necessary, prevent, mitigate or end, any actual or potential adverse impacts that their operations, and the operations of entities in their extended supply chains, have on human rights and the environment. This is in addition to the reporting obligations that currently...

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  21.09.2023

  Switzerland

  Biodiversity: now a topic for companies

  DE

  Biodiversity: the variety of lifeThe term biodiversity, also known as species diversity, is understood to mean a richness of animals, plants, fungi and microorganisms. The term also encompasses the genetic diversity within the different species, the diversity of ecosystems and the interactions within and between these levels. Generally speaking, biodiversity describes the variety of life.Functions of biodiversity and the problem of its lossThe diverse nature of the term biodiversity already suggests that its functions are extraordinarily comprehensive. Biodiversity ensures the functioning of all...

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  19.09.2023

  International

  Trading of crypto-assets in detail

  The Markets in Crypto-Assets Regulation (MiCAR) sets down a harmonised regulatory framework for service providers known as crypto-asset service providers (CASPs), which carry out activities with crypto-assets that fall within the regulation's scope. The following article describes the MiCAR requirements applicable to persons providing services related to crypto-asset trading.DefinitionMiCAR introduces enhanced legal requirements that will apply to service providers carrying out professional activities related to trading crypto-assets. The crypto-assets trading activities that MiCAR identifies as...

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  11.09.2023

  International

  CMS Annual Review of English Construction Law Developments: An International Perspective

  We are pleased to announce the publication of the 2023 edition of our internationally focused Annual Review of English Construction Law Developments. Now in its thirteenth year, the Annual Review summarises key developments in English construction law over the previous calendar year including developments in related common law jurisdictions. The publication has been prepared with our international clients in mind and aims to provide a greater degree of background and analysis than our regular Law-Now alert service.This year’s edition contains a strong focus on the FIDIC form, with new amendments,...

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