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FROM THE BLOG

Froriep Blog Posts for Topic Author Daniela Wälchli EN

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Nicola Benz

Nicola Benz’s practice is focused on technology and life sciences transactions. She assists technology companies of all sizes, from start-ups to established players, as well as investors, suppliers and customers across a broad range of industries and sectors. Nicola Benz’s expertise covers outsourcing, licensing, joint ventures and collaborations and associated intellectual property issues. She also has considerable experience advising on all types of commercial contracts, competition and regulatory issues and data protection. Nicola Benz is recognised as a globally leading patent and technology licensing lawyer, as well as a leading practitioner in the field of intellectual property. Chambers Europe (2018) ranked her as leader in the fields of Intellectual Property and Life Science, and she was recommended in the 2018 edition of the Legal 500 EMEA for Intellectual Property as well as TMT matters. She has also been named as a thought leader for data law in the publication "Who's Who Legal 2018". Born in Scotland, Nicola obtained her law degree from the University of Edinburgh (LLB Hons) in 1997. She joined our firm as an associate in 2002 and became a partner in 2010. Since 2017 she has been the managing partner of our firm. Her working languages are English and German. Nicola is a member of the Zurich Bar Association, the International Trademark Association (INTA), the Licensing Executives Society (LES) and the International Technology Law Association (iTechLaw).

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Daniela Wälchli

Daniela Wälchli's practise focuses on intellectual property law, commercial contracts and data protection. She has particular expertise in the negotiation and drafting of agreements in the life sciences sector and other contracts relating to intellectual property. Prior to joining Froriep, Daniela Wälchli worked for several years as a legal counsel in a leading global healthcare company in Basel and thereafter as an associate in an international law firm in Zurich. Daniela Wälchli studied at the Universities of Freiburg i.Ue, Copenhagen (Denmark) and Berne, and graduated with a Master of Law degree in 2008. She was admitted to the Berne Bar in 2011. In 2014 she obtained a Postgraduate Diploma in EU Competition Law from King's College, London. Her working languages are German and English.

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Look out! your Swiss law contract may unwittingly be subject to "Vienna Convention" rules

Posted by on 5 February 2019

Even if a contract designates "Swiss law" as the governing law, the United Nations Convention on Contracts for the International Sale of Goods (the "Vienna Convention" or "CISG") could in principle apply. Where it applies, the CISG takes precedence over the ordinary national laws. This is often overlooked by the parties at the time they negotiate and sign the contract, and at the point they find themselves in dispute.

Topics: Corporate & Commercial , TMT , Intellectual Property

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