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Swiss Launch of Apple Watch Hit By Patent Issue
wabrandsma points out this Reuters story, according to which: Apple is not able to launch its new smartwatch in Switzerland until at least the end of this year because of an intellectual property rights issue, Swiss broadcaster RTS reported on its website. The U.S. tech giant cannot use the image of an apple nor the word 'apple' to launch its watch within Switzerland, the home of luxury watches, because of a patent from 1985, RTS reported, citing a document from the Swiss Federal Institute of Intellectual Property.
The article doesn't give any details about what the word apple or an apple logo has to do with a patent. A trademark I could understand, but a patent?
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Looking at the RTS article (in French) it's clearly a trademark issue, not a patent.
Normally patents expire 20 years after filing, so Reuters should have smelled a rat.
- Paul
It's a trademark issue about the name, not a patent issue. See http://www.steigerlegal.ch/2015/04/04/falschmeldung-apple-watch-und-das-schweizer-patent/ (in german) for a picture of the trademarked logo (and run the page through Google Translate for the details).
Swiss watchmakers don't compete with Apple. Those that want a Swiss watch aren't looking for an electronic watch. That ship sailed decades ago with the introduction of the quartz-timed watch, and Japan and now China provides those to the world.
The Swiss still make mostly mechanical watches with loads of beautifully machined small moving parts. Those that want that kind of watch probably aren't even considering an electronic watch.
Do not look into laser with remaining eye.
And comparing Switzerland to West Virginia.... I don't even have words to describe how stupid this is.
Well...similar size, lots of mountains, landlocked, and lots of guns.
In Switzerland, patents expire in 20 years. Trademarks don't expire, but must be periodically renewed. So why is a patent from 1985 still valid?
The summary and the Reuters article are *wrong*. It's not a patent, it's a trademark. Here's the original RTS' report (in french).
Here's an announcement from Steiger Legal (in Standard German) that indeed Reuters translated it wrong and then everybody sheepishly repeated it every where.
In 1985, the watch maker "Leonard Timepieces" registered the usage of an apple and the word "Apple" in the domain of timepieces (probably thinking about a "Wilhelm Tell"-themed timepiece design at some point in time).
This trademark was registered on 5 december 1985. The next trade mark periodic renewal (once every 10 years) is on 5 december this year (at which point, if Leonard Timepieces indeed choose to renew it, it will remain valid until 2025).
Now given the Swiss legal system, Apple aren't automatically forbidden to sell their watches in Switzerland. Leonard *could* file a complain (if they think that there's a reasonable risk that Apple is trying to earn money by exploiting consumer confusion and trying to abuse Leonard's brand recognition of *their* apple watch), in which case Apple *could* be barred from selling the watch. But now, there's nothing automatic.
"Sufficiently advanced satire is indistinguishable from reality." - [Tips: 1DrYakQDKCQ6y52z6QbnkxHXAocMZJE61o ]
Non-use of the _trademark_ for a commercial product puts the trademark,up for grabs after 30 years.
Not in Switzerland.
In Switzerland, a trademark is granted for 10 years, and the can subsequently be extended, again for 10 year on each successive extension.
The trademark was registered on 5 december 1985.
The next periodic renewal is due on 5 december 2015.
If Leonard Timepiece (the original owner) chooses to do so, they can renew it, and it will get extended to 5 december 2025.
"Sufficiently advanced satire is indistinguishable from reality." - [Tips: 1DrYakQDKCQ6y52z6QbnkxHXAocMZJE61o ]
In switzerland, they do. And it's 10 year, at which point the owner can choose to extend it again for the next period of 10 year.
As this trademark was registered on 5 december 1985, the next such 10 year cycle finishes on 5 december 2015. At which point the owner - Leonard Timepieces - can choose to extend it yet again until 5 december 2025.
"Sufficiently advanced satire is indistinguishable from reality." - [Tips: 1DrYakQDKCQ6y52z6QbnkxHXAocMZJE61o ]
And they don't need to produce anything. Leonard already owns the trademark, and they are allowed to renew it for yet another 10 year in december 2015 (so keep owning the trademark until 2025).
Highly unlikely. Not 100% sure about Swiss law, but this is absolutely not the case in the US, where you have to use a trademark for it to be valid, and I seriously doubt that US & EU law are that different on the point. Trademark law protects marks USED to distinguish products, it's not like a domain where you can squat on what you think are, or will become, useful terms.
The Swiss still make mostly mechanical watches with loads of beautifully machined small moving parts. Those that want that kind of watch probably aren't even considering an electronic watch.
Swiss watches are fashion accessories. The Apple watch is a fashion accessory.
There is an overlap in market there.
so the other produce 10k$ watches and the other produces 10k$ watches.
what's there to confuse, really?
world was created 5 seconds before this post as it is.