The Doctrine of Exhaustion in the Swiss Patent Law

Abstract

The doctrine of exhaustion belongs, alongside the protection of computer programs, the patentability of genetically altered species and the cross-border injunctions, to the most discussed themes of the past few years in the area of intellectual property rights. The latest Swiss Federal Supreme Court decision in the case Kodak SA vs. Jumbo-Markt AG was the first decision at the highest level of jurisdiction in Switzerland on the doctrine of exhaustion in patent law. The following article focuses on one of the crucial elements, the historical interpretation element, in discussing the Kodak case. The article concludes with an overview of the political impact of the Swiss Supreme Court decision regarding, inter alia, the new Swiss law on medicines.