Key legal question
Whether a state-law appeal was admissible against the cantonal decision refusing to entertain the patent-related criminal complaint.
Extracted holding
No. Because a cassation complaint under Art. 160 ff. OG was available for the alleged violations of federal patent law and the treaty, the state-law appeal was excluded.
Extracted reasoning
Art. 182 OG prevents two conflicting federal remedies against the same decision. Where cassation complaint is available for breach of federal law, the state-law appeal cannot be used instead.