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IRIS 2008-3:1/11 [CH] Advertising within Sponsor References Unlawful

In a ruling of 4 October 2007, the Swiss Bundesverwaltungsgericht (Federal Administrative Court - BVG) decided that the words “ Depuis 1775 ” constituted advertising and therefore, as part of a trademark, should not appear in a reference to a sponsor (case no. A-563/2007). In autumn 2006, Publisuisse SA (a subsidiary of the Schweizerische Radio- und Fernsehgesellschaft – SRG) refused to allow the company Montres Breguet SA to continue to appear as a sponsor of its programmes using its logo and the words “ Montres Breguet – Depuis 1775 ”. The opinion that the reference to the company’s year of foundation...

IRIS 2008-3:1/2 European Court of Human Rights: Grand Chamber Judgment in Case of Stoll v. Switzerland

In December 1996 the Swiss ambassador to the United States drew up a “strategic document”, classified as “confidential”, concerning possible strategies with regard the compensations due to Holocaust victims for unclaimed assets deposited in Swiss banks. The report was sent to the Federal Department of Foreign Affairs in Bern and to a limited list of other persons. Martin Stoll, a journalist working for the Sonntags-Zeitung, also obtained a copy of this document, probably as a result of a breach of professional confidence by one of the persons who had received a copy of this...

IRIS 2008-1:1/9 [CH] Renewal of MEDIA Agreement with the European Union

The agreement on Switzerland’s participation in the MEDIA programme, concluded on 26 October 2004 between Switzerland and the European Union (EU) as part of the second round of bilateral negotiations, reached the end of its term on 31 December 2006 (see IRIS 2006-5: 9). Further to the negotiations launched in March 2007, the Swiss Confederation and the EU signed, on 11 October 2007, the renewal of this agreement so that Switzerland would be able to participate fully in the 2007 MEDIA programme. The text of the new agreement is only very slightly different to that of the agreement concluded in 2004....

IRIS 2007-10:1/10 [CH] Audiovisual Pact Films Available as Video-on-demand

In April 2007, the Swiss radio and television broadcasting company (SRG SSR) and the partner associations in the Audiovisual Pact concluded a test agreement defining the principles of a new video-on-demand offer on the Internet. The Audiovisual Pact was for the first time in 1996 and regularly renewed since then, and is intended to guarantee the continuity of production activities by reinforcing collaboration between SRG SSR and the Swiss cinematographic and audiovisual industry (see IRIS 2005-8: 10). The resources of the Audiovisual Pact are allocated to financing the production of fictional films,...

IRIS 2007-6:1/11 [CH] New Decree on Radio and Television

The Law on Radio and Television (LRTV) adopted by Parliament on 24 March 2006 (see IRIS 2006-4: 8) overhauled the Swiss audiovisual legal regime. To implement the provisions of the law, the Federal Council adopted a new Decree on Radio and Television (DRTV). The Decree entered into force on 1 April 2007. Broadcasters who command neither a share of fees nor guaranteed distribution, will no longer require a licence and will not have to fulfil a service mandate. They will merely be subject to compulsory registration. Private broadcasters now have more advertising options, and the share of the reception...