What is the Panel?
The Panel is an arbitrating body within the Show that deals with complaints about violations of intellectual property rights during the Watch and Jewellery Show BASELWORLD. The complaints procedure is provisional in nature. It grants the successful applicant temporary legal protection within 24 hours and ensures that intellectual property rights are respected and that peace is maintained at the Show.

How is the Panel made up?
The Panel is currently made up of 7 people with voting rights (lawyers and experts with specialist knowledge of the watch and jewellery sector) and 2 people without voting rights (technical experts). The president is a Swiss lawyer; the other members come from Germany, Japan, Italy and Switzerland.

When does the Panel intervene?
The Panel is only deployed for the duration of the Show. It only becomes operational if it is convened by complaints being filed.

Who is entitled to file complaints?
Anybody who is afraid that the presentation of an item at the Show violates his intellectual property rights is entitled to complain to the Panel. Apart from the exhibitors, non-exhibitors may also file a complaint with the Panel if they first acknowledge the Panel's rules and submit to the procedure and the decision by the Panel.

What are the grounds for filing a complaint?
The applicant may give notice of the violation of immaterial property rights with the complaint. These include the rights to:

• a design pursuant to the Federal Law on the Protection of Designs
• a trademark or indication of source pursuant to the Federal Law on the Protection of Trademarks and Indications of Source
• a patent for invention pursuant to the Federal Law on Patents for Inventions
• a work protected by copyright pursuant to the Federal Law on Copyright and Neighboring Rights.

The applicant may also give notice of a breach of fair competition for the purposes of the Federal Law against Unfair Competition.

How is the complaint filed?
Complaints may be filed every day for the duration of the Show. It is sufficient if the complaint is filed verbally. Representation by a lawyer is not necessary. The Panel will follow up the complaint if the applicant has paid the processing fee and has submitted the evidence needed to judge the case. As a rule, extracts from national or international registers from which it is clear that the protected privileges asserted extend to Switzerland are regarded as evidence. Whenever possible, the applicant should bring an original item with him.

How does the Panel proceed?
Once the complaint is filed, a delegation from the Panel, together with the applicant and a representative of the subject of the complaint inspect the booth occupied by the subject of the complaint and clarify the issue. The delegation from the Panel is to be granted unrestricted access to all items in the booth. At the same time, the subject of the complaint has the opportunity to comment on the objections. The delegation is entitled to demand that the objects about which the complaint has been filed are handed over temporarily and/or photographed. Following the inspection of the booth, the Panel will reach its decision in a plenary session. The decision will be disclosed to both parties in writing on the following day.

What is the impact of the Panel's decisions?
Decisions by the Panel are binding on all those involved. While exhibitors acknowledge the Panel's rules and submit to them by signing the exhibitor contract, non-exhibitors acknowledge the procedure and the decision of the Panel with a special declaration during the Show. The decisions by the Panel are legally effective for the duration of the Show and are to be executed immediately. If the legal dispute is continued before an ordinary court, the decisions of the Panel may be used as expert opinions if need be.

What sanctions can the Panel impose?
If the Panel approves the complaint and comes to the conclusion that the presentation of the item about which the complaint has been filed violates an intellectual property right, the item in question must be removed from the pavilion immediately and may no longer be offered for sale. Depending on the gravity of the violation, the Panel may also recommend to the Show Management that the pavilion occupied by the subject of the complaint is closed immediately or not admit the subject of the complaint to the subsequent Show.

What appeals are there against the decisions by the Panel?
If a party can supply new facts or evidence from documents that it could not assert during the inspection of the booth, it may file an application in writing giving its reasons to have the Panel review the situation during the Show. The parties may also lodge an appeal in writing giving their reasons against the Panel with the Show's management during the Show or within 30 days afterwards and give notice that the Panel did not act in accordance with its rules. However, neither the application for a review nor the appeal will have a suspensive effect.

How much does the procedure cost?
An exhibitor who files a complaint with the Panel has to pay an advance on costs of CHF 2,200.00. If he wins, he is reimbursed CHF 1,100.00. A non-exhibitor pays CHF 10,000.00 when he files a complaint. If the complaint is approved, the subject of the complaint will pay CHF 4,000.00. A review costs a minimum of CHF 2,200.00. The processing fees are used solely to cover the Panel's operating costs.