Intellectual Property Preliminary Injunction Jurisdiction in Switzerland

In a preliminary injunction proceeding concerning the unlawful use of intellectual property rights on a website accessible to the general public, the court determined that the place of performance, and thus the competent court for jurisdiction, is any location in Switzerland from which the website can be accessed. The court reasoned that since the allegedly infringing website could be retrieved in the canton of the forum, the local jurisdiction was established under the rules governing tort actions, specifically where the damaging act's effect occurred, and this was sufficient for the preliminary measure request, even if the respondent contested other aspects of the case.