Facts
[Y. GmbH], a company under German law, holds a design registered with WIPO on November 28, 1994, representing a jewelry box. X. Ltd, a company based in Hong Kong, exhibited similar jewelry boxes to the design registered by [Y. GmbH] at the "Baselworld" watch fair. [Y. GmbH] has therefore filed a lawsuit to prohibit X. Ltd from importing, storing, offering, marketing, transiting or exporting these jewelry boxes in Switzerland.Considerations
3. The Federal Supreme Court examines the question of the originality of the contested design. A design is considered original if it differs substantially, according to the overall impression, from designs already known to the interested circles in Switzerland. Originality does not require an original creation in the sense of a particular intellectual effort, a banal design can be protectable if it differs significantly from the essential elements of the known. 4. The design of [Y. GmbH] is characterized mainly by the parallel curvature of the lid and the bottom, as well as the circular segment-shaped space between the lid and the box. Contrary to the opinion of X. Ltd, this curvature of the bottom is not solely dictated by technical considerations. 5. X. Ltd raises two grievances concerning the violation of its right to produce evidence: - The cantonal court rejected without reasoning the filing of an expert opinion requested by X. Ltd on the question of the originality of the design. However, the Federal Supreme Court can examine the question of originality itself, which is a matter of law, without an expert opinion being necessary, unless it is a matter of assessing the impact of the product on specialized connoisseurs. - The cantonal court refused to hear the director of company A. Srl as a witness regarding a jewelry box model that it would have marketed. However, X. Ltd did not sufficiently detail and substantiate on appeal how this hearing would have been relevant to the question of the originality of the…