WORLD TRADE
ORGANIZATIONIP/N/1/CHE/2
26 June 2003
(03-3414)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  French
NOTIFICATION OF LAWS AND REGULATIONS UNDER
ARTICLE 63.2 OF THE AGREEMENT
SWITZERLAND
By means of a communication from its Permanent Mission, dated 12 August 2003, the
following notification under Article 63.2 of the Agreement has been received from Switzerland.
_______________
In accordance with Article 63.2 of the Agreement on Trade-Related Aspects of Intellectual
Property Rights (TRIPS) and the procedures laid  down by the Council for TRIPS in November 1995,
Switzerland hereby notifies to the Council laws and regulations relating to the fields covered by the
Agreement which have been adopted or revised sin ce its notifications of 31 January 1996, circulated in
document IP/N/1/CHE/1 dated 5 March 1996, and of 12 November 1997, circulated in document
IP/N/1/CHE/1/Add.1 dated 18 Fe bruary 1998.  Annex I to this notification presents, in table form, the
"Principal Laws and Regulations Concerning Intell ectual Property" and Annex II presents "Other Laws
and Regulations", also in table form.  These a nnexes take up the contents of the two previous
notifications mentioned above; amendments thereto ar e indicated in italics and the text is struck out
when the laws and regulations in question are no longer in force.
The laws and regulations have been submitted in French, which is one of the official languages
of Switzerland.IP/N/1/CHE/2
Page 2
ANNEX I
PRINCIPAL LAWS AND REGULATIONS CONCERNING
INTELLECTUAL PROPERTY
TITLE
DATES OF ADOPTION AND
ENTRY INTO EFFECTBRIEF DESCRIPTION
General laws and regulations exclusively
concerning intellectual property
Federal Law on the Statute and Tasks of the Federal
Institute for Intellectual Property1
Adopted on 24 March 1995.
Entered into effect on 1 January 1996.(Articles 3, 4.1, 4.2 and 4.4 entered into effect on 15
November 1995; Articles 4.3 and 13.3 entered intoeffect on 1 January 1997.)
(LIPI;  RS 172.010.31, RO 1995 5050)The Federal Institute for Intellectual Property (IPI),
established under public law, took over the tasks of
the Federal Office for Intellectual Property on
1 January 1996.The entry into effect of the law establishing the
Institute and the Ordinance on the fees charged by
the latter ( replaced by a new Regulation on the fees
charged, see below ) required amendments to the
legislation relating to trademarks, industrialdesigns, patents, copyright and neighbouring rights
and the topographies of integrated circuits.  The
amendments to the laws on trademarks, industrial
designs and patents are set out in the Annex to the
LIPI (RO 1995 5055-5056).  As regards the otherareas, the related amendments were introduced by
Ordinance (see the corresponding lists).  The
amendments concern, inter alia , provisions
regarding fees and registration procedures.
Most recent amendments:- Preamble, Article 2.1(a).
Adopted on 5 October 2001.Entered into effect on 1 July 2002.
(RO 2002 1456)Tasks of the Institute: drafting amendment
following the entry into force of the Federal Law onDesigns.
2
Ordinance on the Organization of the Federal
Institute for Intellectual Property3
Adopted on 25 October 1995.
Entered into effect on 1 January 1996.
(OIPI;  RS 172.010.311, RO 1995 5057)
                                                     
1 A copy of this Law has been submitted to th e Secretariat (status as at 1 January 1996);  see
document IP/N/1/CHE/O/5 .
2 Amendment introduced by the Law on Designs of 5 October 2001 (See Annex I:  Industrial designs).IP/N/1/CHE/2
Page 3
TITLE
DATES OF ADOPTION AND
ENTRY INTO EFFECTBRIEF DESCRIPTION
Ordinance on the Fees Charged by the Federal
Institute for Intellectual Property4
Adopted on 25 October 1995.
Entered into effect on 1 January 1996.
(OT-IPI;  RS 232.148, RO 1995 5174)
Regulation on the Fees Charged by the Federal
Institute for Intellectual Property5
of 28 April 1997.
Entered into effect on 1 January 1998.(IPI-RT; RS 232.148, RO 1997 2173)This Regulation replaces the Ordinance on the Fees
Charged by the Federal Institute for Intellectual
Property of 25 October 1995.Procedures for the payment of fees for the issue and
maintenance of intellectual property rights
(trademarks, designs, patents, topographies and
miscellaneous administrative fees).  Scale of fees.
Accelerated trademark examination procedure fee.Abolition of annual renewal fees for the third and
fourth years after patent filing (cost-reduction
measure in favour of users).
Amendments5:
- Article 8(a) and the Annex.
Adopted on 15 May 1999.
Entered into effect on 1 January 2000.
(RO 1999 2632)Amendments, including several designed to cut user
costs:
- reduced fees for electronic communication
(maximum of 20 per cent of the fee initially
due and under no circumstances over
100 Swiss francs) (Article 8(a));
- 20 per cent reduction in annual renewal fees
for patents and supplementary protection
certificates;
- abolition or reduction of various processing
fees;
- fees for the international registration of
marks pursuant to the Protocol of27 June 1989 Relating to the Madrid
Agreement  Concerning the International
Registration of Marks.
                                                                                                                                                                    
3 A copy of this Ordinance has been submitted to th e Secretariat (status as at 1 January 1996).  There
are no substantive changes.  This is a consolidated vers ion pursuant to the rules pertaining to the collection of
federal laws (incorporating provisions related to all fields of intellectual property in the relevant speciallegislation in order to respect the systematics and facilitate the reading of each law);  see
document IP/N/1/CHE/O/6 .
4 See document IP/N/1/CHE/O/2.
5 A consolidated version of this Regulation has been submitted to the Secretariat (status as at
2 October 2001), together with a copy of the amendment of 13 November 2001; see
document IP/N/1/CHE/O/7 .IP/N/1/CHE/2
Page 4
TITLE
DATES OF ADOPTION AND
ENTRY INTO EFFECTBRIEF DESCRIPTION
- Article 6(a) and the Annex.
Adopted on 22 May 2001.
Entered into effect on 1 January 2002.
(RO 2001 2385)Amendments in favour of users:
- reduction in trademark filing and extension fees;
- possibility of payment by credit card.
Most recent amendment5:
- Annex.
Adopted on 13 November 2001.
Entered into effect on 1 July 2002.
(RO 2002 1136)Amendments dealing mainly with the introduction
of a new fee structure for designs following the
entry into force of the new Law on Designs.
Copyright and related rights
Federal Law on Copyright and Neighbouring
Rights6
Adopted on 9 October 1992.
Entered into effect on 1 July 1993
(Article 74.1 entered into effect on 1 January 1994)
(Law on Copyright, LDA; RS 231.1, RO 1993
1798)Definition of a work and its author, the existence,
acquisition and scope of copyright and neighbouringrights, term of protection, copyright societies (rates
and supervision), civil and criminal proceedings,
Customs measures, etc.
Amendments:
- Articles 75, 76 and 77.6
Adopted on 16 December 1994.
Entered into effect on 1 July 1995.
(RO 1995 1776)Amendments in line with Articles 51, 53 and 55 of
the TRIPS Agreement.
- Preamble; Articles 64.1, 64.2 and 65.3
(repealed).Adopted on 24 March 2000.
Entered into effect on 1 January 2001.
(RO 2000 2355)Amendments concerning cour t jurisdiction according
to location, currently regulated by the new FederalLaw on Jurisdiction in Civil Matters.
 7
                                                     
6 A consolidated version of this Law has been submitted to the Secretariat (status as at
3 October 2000); see document IP/N/1/CHE/C/3 .
7 Amendment introduced by the Law on Jurisdiction of 24 March 2000 (Annex II:  Civil judicial
procedures and remedies).IP/N/1/CHE/2
Page 5
TITLE
DATES OF ADOPTION AND
ENTRY INTO EFFECTBRIEF DESCRIPTION
Most recent amendment:
- Article 12.1bis.
Adopted on 14 December 2001.
Entered into effect on 1 August 2002.
(RO 2002 1904)Introduction of national exhaustion of rights for
copies of an audiovisual work.
N.B.: The Law on Copyright is currently
undergoing a partial revision.Revision aimed particularly at amending the
existing law with a view to ratifying the new WIPO
treaties on copyright and neighbouring rights
(WIPO Copyright Treaty, or WCT, and WIPO
Performances and Phonograms Treaty, or WPPT)and tailoring copyright protection to modern
information technology.
Ordinance on Copyright and Neighbouring Rights8
Adopted on 26 April 1993.
Entered into effect on 1 July 1993.
(Ordinance on Copyright, ODAu; RS 231.11,
RO 1993 1821)Federal Arbitration Committee for management of
copyright and neighbouring rights, Customs
measures, supervision of copyright societies, etc.
Most recent amendments8:
- Articles 18, 19 and 20.
Adopted on 17 May 1995.
Entered into effect on 1 July 1995(RO 1995 1778)Amendments in line with Articles 51, 53 and 55 of
the TRIPS Agreement.
- Preamble, Articles 4, 7, 8, 16, 21(a), 21(b),
21(c), 21(d), 21(e) and 21(f).
Adopted on 25 October 1995.Entered into effect on 1 January 1996.
(RO 1995 5152)Amendments arising from the assumption by the
Federal Institute for Intellectual Property on
1 January 1996 of the tasks of the Federal Office forIntellectual Property. Fixing of fees chargeable by
the supervisory authority and the Federal Arbitration
Committee for the management of copyright and
neighbouring rights.
                                                     
8 A consolidated version of this Ordinance has been submitted to the Secretariat (status as at
1 January 1996).  There are no substantive changes.  This is a consolidated version pursuant to the rules
pertaining to the collection of federal laws in order to respect the systematics and facilitate the reading of the
ODau (e.g., incorporation of the July and October 1995 amendments);  see document IP/N/1/CHE/C/4 .IP/N/1/CHE/2
Page 6
TITLE
DATES OF ADOPTION AND
ENTRY INTO EFFECTBRIEF DESCRIPTION
Ordinance on the Fees Charged by the Federal
Institute for Intellectual Property .9
Adopted on 25 October 1995.
Entered into effect on 1 January 1996.
(OT-IPI; RS 232.148, RO 1995 5174)
(See Annex I:  General laws and regulations
exclusively concerning intellectual property)
Trademarks (and service marks)
Federal Law on the Protection of Trademarks and
Indications of Source10
Adopted on 28 August 1992.
Entered into effect on 1 April 1993.
(Article 36 entered into effect on 1 January 1994)
(Law on the Protection of Trademarks, LPM;
RS 232.11, RO 1993 274)Definitions, existence of trademark rights, guarantee
marks and collective marks, national and
international registration of marks, acquisition and
scope of rights, opposition procedure, trademarks
register, civil and criminal proceedings,
administrative appeals procedure, Customsmeasures, etc.
Amendments10:
- Article 72.
Adopted on 16 December 1994.Entered into effect on 1 July 1995.
(RO 1995 1781)Amendments in line with Articles 53 and 55 of the
TRIPS Agreement .
- Articles 10.2, 10.4, 28.3, 28.4, 40, 41.2, 43.2
and 45.2.Adopted on 24 March 1995.
Entered into effect on 1 January 1996.
(RO 1995 5050)Amendments following the assumption by the
Federal Institute for Intellectual Property on1 January 1996 of the tasks of the Federal Office for
Intellectual Property.
                                                     
9 See document IP/N/1/CHE/O/2.
10 A consolidated version of this Law has been submitted to the Secretariat (status as at
3 October 2000).  There are no substantive changes;   see document IP/N/1/CHE/I/1 .IP/N/1/CHE/2
Page 7
TITLE
DATES OF ADOPTION AND
ENTRY INTO EFFECTBRIEF DESCRIPTION
- Articles 10, 17(a), 44 to 46 and 46(a).
Adopted on 4 October 1996.
Entered into effect on 1 May 1997.
(RO 1997 1028 1030)Amendments with a view to the ratification of the
Protocol Relating to the Madrid Agreement
Concerning the International  Registration of Marks
of 27 June 1989 and the Trademark Law Treaty  of
27 October 1994.Deadlines for requesting an extension of
registration (Article 10); division of application or
registration (Article 17(a));  international
registration of marks (Articles 44 to 46).
- Preamble; Articles 58.1, 58.2 and 59.3
(repealed).
Adopted on 24 March 2000.
Entered into effect on 1 January 2001.
(RO 2000 2355)Amendments concerning cour t jurisdiction according
to location, currently regulated by the new Federal
Law on Jurisdiction in Civil Matters. 11
Most recent amendments12:
- Preamble, Article 38.3.
Adopted on 5 October 2001.
Entered into effect on 1 July 2002.
(RO 2002 1456)Publication medium.
Ordinance on the Prot ection of Trademarks13
Adopted on 23 December 1992.
Entered into effect on 1 April 1993.(OPM;  RS 232.111, RO 1993 296)National and international registration of marks,
opposition procedures, trademarks register, Customs
measures, etc.
Amendments13:
- Article 56.
Adopted on 17 May 1995.
Entered into effect on 1 July 1995.
(RO 1995 1783)Amendments in line with Articles 53 and 55 of the
TRIPS Agreement.
                                                     
11 Amendment introduced by the Law on Jurisdiction of 24 March 2000 (See Annex II: Civil judicial
procedures and remedies).
12 Amendment introduced by the Law on Designs of 5 October 2001 (See Annex I: Industrial designs).
13 A consolidated version of this Ordinance has been submitted to the Secretariat (status as at
18 May 1999), together with a copy of the amendment of 8 March 2002;  see document IP/N/1/CHE/I/2 .IP/N/1/CHE/2
Page 8
TITLE
DATES OF ADOPTION AND
ENTRY INTO EFFECTBRIEF DESCRIPTION
- Preamble, Articles 1, 2, 7, 17(a), 18, 26, 33,
35, 41(a), 45, 46 and 47.
Adopted on 25 October 1995.
Entered into effect on 1 January 1996.
(RO 1995 5158)Amendments following the assumption by the
Federal Institute for Intellectual Property on
1 January 1996 of the tasks of the Federal Office for
Intellectual Property.
- Articles 6, 7(a), 8, 8(a), 9 to 11, 18, 21, 24,
25, 36, 39, 40, 40(a), 43 and 47 to 51.
Adopted on 22 January 1997.
Entered into effect on 1 May 1997.
(RO 1997 865)Electronic communication; filing fee and additional
fee (term of payment); opposition procedure,
representation of parties, opposition costs and fees;
contents of file, storage of documents in electronic
format;  electronic trademark register; publicationmedium;  international registration, etc.
- Article 18(a).
Adopted on 17 September 1997.
(RO 1997 2170)Accelerated trademark examination procedure.
- Articles 7(a)2, 43.2 and 43.3.
Adopted on 31 March 1999.
Entered into effect on 1 May 1999.
(RO 1999 1443)Electronic communication and publication.
Most recent amendments13:
- Articles 2, 4, 5, 6, 9.1(d) (repealed), 10,
18(a)2, 25, 26.1, 27, 33, 35, 36.3, 40.2(b),
43, 44 (repealed).
Adopted on 8 March 2002.
Entered into effect on 1 July 2002.(RO 2002 1119)Amendments aimed particularly at simplifying
trademark filing formalities, in particular with
regard to the development of electronic
communication (signature, power of attorney).
Incorporation of recent developments in trademark
forms.
Ordinance on the Fees Charged by the Federal
Institute for Intellectual Property14
Adopted on 25 October 1995.
Entered into effect on 1 January 1996.
(OT-IPI; RS 232.148, RO 1995 5174)
                                                     
14 See document IP/N/1/CHE/O/2.IP/N/1/CHE/2
Page 9
TITLE
DATES OF ADOPTION AND
ENTRY INTO EFFECTBRIEF DESCRIPTION
Regulation on the Fees Charged by the Federal
Institute for Intellectual Property5
of 28 April 1997.
Entered into effect on 1 January 1998.
(IPI-RT;  RS 232.148, RO 1997 2173)(See Annex I:  General laws and regulations
exclusively concerning intellectual property)
Geographical indications
Federal Law on the Protection of Trademarks and
Indications of Source10
Adopted on 28 August 1992.
Entered into effect on 1 April 1993
(Article 36 entered into effect on 1 January 1994).
(Law on the Protection of Trademarks, LPM;
RS 232.11, RO 1993 274)Definitions, protection and Customs measures.
Most recent amendments10:
- Article 72.
Adopted on 16 December 1994.Entered into effect on 1 July 1995.
(RO 1995 1781)
(See Annex I: Trademarks (and service marks))Amendments in line with Articles 53 and 55 of the
TRIPS Agreement.
Ordinance on the Prot ection of Trademarks13
Adopted on 23 December 1992.
Entered into effect on 1 April 1993.
(OPM; RS 232.111, RO 1993 296)Identification marks on watches, Customs measures,
etc.IP/N/1/CHE/2
Page 10
TITLE
DATES OF ADOPTION AND
ENTRY INTO EFFECTBRIEF DESCRIPTION
Most recent amendments13:
- Article 56.
Adopted on 17 May 1995.
Entered into effect on 1 July 1995.
(RO 1995 1783)
(See Annex I:  Trademarks (and service marks))Amendments in line with Articles 51 and 53 of the
TRIPS Agreement.
Ordinance on the Use of the Designation "Swiss" for
Watches15
Adopted on 23 December 1971.
Entered into effect on 1 January 1972.
(RS 232.119, RO 1971 1915)“Swiss made” watches, dials, movements, etc.
Most recent amendments15:
- Articles 4, 5 and 6.
Adopted on 29 March 1995.Entered into effect on 1 May 1995.
(RO 1995 1218)
Federal Law on the Improvement of Agriculture and
the Preservation of Farming Populations16
Adopted on 3 October 1951.
The respective articles entered into effect between
1 January 1954 and 1 December 1962 (Law on
Agriculture;  RS 910.1, RO 1953 1095)
Most recent amendment:
Article 18(c)16Article 18(c):  Registrati on of indications of source
and geographical indications (for agricultural
products and by-products).  The time limit for the
referendum expires on 15 January 1996.  Date of
entry into effect to be determined.
                                                     
15 A consolidated version of this Ordinance has been submitted to the Secretariat (status as at
1 July 1995);  see document IP/N/1/CHE/G/5 .
16 See document IP/N/1/CHE/G/2.IP/N/1/CHE/2
Page 11
TITLE
DATES OF ADOPTION AND
ENTRY INTO EFFECTBRIEF DESCRIPTION
- Articles 18(a), 18(c), 23(b)5 first sentence
(only relevant for the Italian version of the
Law), 112.1 and 112(b).17
Adopted on 21 June 1996.
Entered into effect on 1 July 1997.
(RS 910.1;  RO 1997 1187)Article 18(a):  Authority of the Swiss Federal
Council to promulgate regulations concerning the
denomination of products.
Article 18(c):  Register of appellations of origin
(AOC) and protected geogra phical indications (IGP);
prohibition of their use as generic names, relation to
trademarks, specifications, unlawful acts.
Article 112(b):  Sanctions for unlawful use of
protected appellations of origin and geographical
indications .
Federal Law on Agriculture 18
Adopted on 29 April 1998.
Entered into effect on 1 January 1999
(Articles 28 to 45 and letters (l) to (n) of the Annex
entered into effect on 1 May 1999; Article 160.7
and Chapter 7 of the Annex entered into effect on
1 August 1999).
(Law on Agriculture, LAgr; RS 910.1,
RO 1998 3033)This Law replaces the Law on Agriculture of
3 October 1951.
Articles 14-16 (agricultural products and processed
agricultural products):  production methods,specific product characteristics, appellations of
origin and geographical indications, register of
appellations of origin and geographical indications.
Articles 63-64 (viticulture):  delegation of authority
to the Federal Council to define the concepts ofappellation of origin, registered appellation of
origin and indication of source (Article 63);
grading of grape harvest lots (Article 64).
Article 166 (proceedings):  administrative appeal
procedure against decisions.
Article 172:  criminal penalties for infringements of
Articles 16 or 63.
N.B.: The Law on Agriculture is currently
undergoing a partial revision
(«Agricultural Policy 2007»).  All
regulations adopted on the basis of thislaw, such as the Ordinance on Protected
Appellations of Origin and Geographical
Indications, will also be subject to this
revision.
                                                     
17 See document IP/N/1/CHE/G/2/Add.1.
18 A copy of this Law has been submitted to th e Secretariat (status as at 26 June 2001);  see
document IP/N/1/CHE/G/6 .IP/N/1/CHE/2
Page 12
TITLE
DATES OF ADOPTION AND
ENTRY INTO EFFECTBRIEF DESCRIPTION
Ordinance on the Protect ion of Appellations of
Origin and Geographical Indications in Respect of
Agricultural Products and Processed Agricultural
Products19
Adopted on 28 May 1997.
Entered into effect on 1 July 1997.(Ordinance on the Control of Protected Appellations
of Origin and Protected Geographical Indications,
RS 910.12;  RO 1997 1198)Definitions of registered appellation of origin and
protected geographical indi cation;  generic names;
registration procedure (persons entitled to file
applications for registration, content of the
application, specifications, decision, opposition,registration and publication, etc.);  control, etc.
Ordinance of the Federal Department of the
Economy (DFE) on the Minimum Control
Requirements for Protected Appellations of Origin
and Geographical Indications20
Adopted on 11 June 1999.
Entered into effect on 1 July 1999.
(Ordinance on the Control of Protected Appellations
of Origin and Protected Geographical Indications,
RS 910.124, RO 1999  2214)Control measures.
Federal Decree on Wine Cultivation21
Adopted on 19 June 1992.
Entered into effect on 1 January 1993.
(RS 916.140.1;  RO 1992 1986).The Decree deals mainly with production areas and
methods, vinification processes, etc.
Articles 16 and 17 contain, respectively, definitions
of indications of source and appellations of origin.
The Cantons may provide for registered appellations
of origin ("appellations d'origine contrôlées" or
AOCs).
Article 19 provides for the creation of a Federal
Commission of AOCs.
Recent amendments:
Articles 23(a), 23(b), 23(c), 23(d) and 32.1(d).
Adopted on 21 June 1996.
Entered into effect on 1 July 1997.
(RS 916.140.1;  RO 1997 1216)The amendments do not deal with the protection of
geographical indications, but with the control of
trade in wine.
                                                     
19 A consolidated version of this Ordinance has been submitted to the Secretariat (status as at
30 April 2002);  see document IP/N/1/CHE/G/7 .
20 A copy of this Ordinance has been submitted to th e Secretariat (status as at 14 September 1999);  see
document IP/N/1/CHE/G/8 .
21 See document IP/N/1/CHE/G/4.IP/N/1/CHE/2
Page 13
TITLE
DATES OF ADOPTION AND
ENTRY INTO EFFECTBRIEF DESCRIPTION
Ordinance on Viticulture and the Importation of
Wine22
Adopted on 7 December 1998.
Entered into effect on 1 January 1999.
(Ordinance on Wine;  RS 916.140, RO 1999 86)This Ordinance replaces the Federal Decree on
Wine Cultivation of 19 June 1992.
Definition of appellation of origin (Article 10),
registered appellation of origin (Article 11) and
indication of source (Article 12);  registration atCantonal level and inclusion in the federal
directory (Article 13);  grading of grape harvest
lots (Article14).
Ordinance of the Federal Office for Agriculture
(OFAG) on the List of Vine Varieties and
Examination of New Varieties Thereof23
Adopted on 7 December 1998.
Entered into effect on 1 January 1999.
(RS 916.143.5, RO 1999 535)This Ordinance provides for the list of vine varieties
and examination of new varieties thereof.
Ordinance on the Fees Charged by the Federal
Institute for Intellectual Property4
Adopted on 25 October 1995.
Entered into effect on 1 January 1996.
(OT-IPI;  RS 232.148, RO 1995 5174)
(See Annex I:  General laws and regulationsexclusively concerning intellectual property)
Industrial designs
Federal Law on Industrial Designs and Models24
Adopted on 30 March 1900.
Entered into effect on 1 August 1900
(RS 232.12, RO 18 124 and RS 2 866)Existence of the right to the protection and
registration of designs, scope and acquisition of
rights, designs register, civil and criminal
proceedings, administrative appeal procedure, etc.
                                                     
22 A copy of this Ordinance has been submitted to the Secretariat (status as at 12 January 1999);  see
document IP/N/1/CHE/G/9 .
23 A copy of this Ordinance of 7 December 1998 has been submitted to the Secretariat (status as at
2 February 1999);  see document IP/N/1/CHE/G/10 .IP/N/1/CHE/2
Page 14
TITLE
DATES OF ADOPTION AND
ENTRY INTO EFFECTBRIEF DESCRIPTION
Most recent amendments24:
              Articles 14(a) to (e), 16, 25, 27, 28, 28(a),
29, 31 and 33(a) to (c).
Adopted on 16 December 1994.
Entered into effect on 1 July 1995.
(RO 1995 1784)Right of priority and immunity derived from
disclosure.  Provisional measures, penalties under
criminal law, Customs measures (amendments in
line with Articles 41, 46, 50, 51 and 61 of the TRIPS
Agreement).
- Articles 10.1, 10.2, 15.2.2 and 22.2.
Adopted on 24 March 1995.
Entered into effect on 1 January 1996.
(RO 1995 5050)Amendments following the assumption by the
Federal Office for Intellectual Property on
1 January 1996 of  the tasks of the Federal Office for
Intellectual Property.
Federal Law on the Protection of Designs25
Adopted on 5 October 2001.
Entered into effect on 1 July 2002.(Law on Designs, LDes, RS 232.12, RO 2002 1456)The new Law on Designs replaces the Federal Law
on Industrial Designs and Models of
30 March 1900.It brings Swiss law into line with the most recent
developments at international level, in particular
with a view to the ratification of the Geneva Act of
2 July 1999 of the Hague Agreement Concerning
the International Deposit of Industrial Designs.The main characteristics of the new Law are as
follows:  conditions for obtaining protection; scope
of protection; maximum term of protection
(25 years instead of 15);  right to continued use and
right to parallel use;  deferment of publication in
lieu of deposit under sealed cover;  continuation of
the examination procedure in the event of anapplicant's failure to meet a deadline instead of
reinstatement under the law in force at that time;
regulation on the standing of the licensee.
Ordinance on Industrial Designs .26
Adopted on 27 July 1900.
Entered into effect on 1 August 1900.
(ODMI;  RS 232.121, RO 18 135 and RS 2 874)Registration of designs, maintenance of a register,
etc.
                                                                                                                                                                    
24 A consolidated version of this Law has been submitted to the Secretariat (status as at
1 January 1996);  see document IP/N/1/CHE/D/1.
25 A copy of the new Law has been submitted to the Secretariat (status as at 25 June 2002);  see
document IP/N/1/CHE/D/3 .
26 See document IP/N/1/CHE/D/2.IP/N/1/CHE/2
Page 15
TITLE
DATES OF ADOPTION AND
ENTRY INTO EFFECTBRIEF DESCRIPTION
Most recent amendments26:
- Articles 2, 5, 20 and 26 to 29 quater .
Adopted on 17 May 1995.
Entered into effect on 1 July 1995.
(RO 1995 1789)Right of priority and immunity derived from
disclosure.
Customs measures (amendments in line with
Articles 1ff of the TRIPS Agreement).
- Preamble, Articles 1, 2, 13, 15, 20 bis, 24 and
32.
Adopted on 25 October 1995.
Entered into effect on 1 January 1996.
(RO 1995 5161)Amendments following the assumption by the
Federal Office for Intellectual Property on
1 January 1996 of the tasks of the Federal Office for
Intellectual Property.
Ordinance on the Protection of Designs27
Adopted on 8 March 2002.
Entered into effect on 1 July 2002.
(Ordinance on Designs, ODes, RS 232.121,
RO 2002 1122)The new Ordinance on Designs replaces the
Ordinance on Industrial Designs of 27 July 1900.
Amendments resulting from the new Law on
Designs include the following: the deposit andregistration of designs, design application file and
register, etc.
Ordinance on the Fees Charged by the Federal
Institute for Intellectual Property4
Adopted on 25 October 1995.
Entered into effect on 1 January 1996.
(OT-IPI;  RS 232.148, RO 1995 5174)
Regulation on the Fees Charged by the Federal
Institute for Intellectual Property5
of 28 April 1997.
Entered into effect on 1 January 1998.(IPI-RT;  RS 232.148, RO 1997 2173)(See Annex I:  General laws and regulations
exclusively concerning intellectual property)
                                                     
27  A copy of the new Ordinance has been submitte d to the Secretariat (status as at 28 May 2002);  see
document IP/N/1/CHE/D/4.IP/N/1/CHE/2
Page 16
TITLE
DATES OF ADOPTION AND
ENTRY INTO EFFECTBRIEF DESCRIPTION
Patents (including the protection of plant
varieties)
N.B.:  In respect of patents, Switzerland andLiechtenstein constitute a single territory.
Federal Law on Patents for Inventions28
Adopted on 25 June 1954.
Entered into effect on 1 January 1956
(Articles 89.2, 90.2, 90.3, 91.2, 91.3, 96.1, 96.3,
101.1 and 105.3 entered into effect on
1 October 1959).
(Law on Patents, LBI, RS 232.14, RO 1955 893)Existence of patent rights, national and European
patents, international patent applications, acquisition
and scope of rights, patents register, civil and
criminal proceedings, opposition procedure for
preliminary examinations, administrative appealprocedure, etc.
Amendments28:
- Articles 2, 8, 29, 36, 37, 40, 40(a), 40(b),
69 and 77.
Adopted on 16 December 1994.Entered into effect on 1 July 1995.
(RO 1995 2606)Amendments in line with Articles 27, 28, 31, 46, 50
and 61 of the TRIPS Agreement.
- Title, Articles 7(b) , 17, 20(a), 46(a), 47, 48,
81, 87, 113, 119, 123, 131, 133, 134, 138,
140(a) to (m), 143, 146 and 147.
Adopted on 3 February 1995.Entered into effect on 1 September 1995.
(RO 1995 2879)Supplementary protection certificates for medicines,
more severe penalties under criminal law, revocation
of preliminary examinations (Chapter II of the Patent
Cooperation Treaty), continuation of the examinationprocedure, etc.
- Articles 41, 42 to 44, 48.1(a), 49.3, 49.4,
55(a), 59(a)2, 96.1 bis, 97(c), 98.2, 105.2,
119.
Adopted on 24 March 1995.
Entered into effect on 1 January 1996.
(RO 1995 5050)Amendments following the assumption by the
Federal Institute for Intellectual Property on1 January 1996 of the tasks of the Federal Office for
Intellectual Property.
- Article 56.2.
Adopted on 30 April 1997.
Entered into effect on 1 January 1998
(RO 1997 2465)Date of filing if posted.
                                                     
28 A consolidated version of this Law has been submitted to the Secretariat (status as at
3 October 2000);  see document IP/N/1/CHE/P/5 .IP/N/1/CHE/2
Page 17
TITLE
DATES OF ADOPTION AND
ENTRY INTO EFFECTBRIEF DESCRIPTION
- Editorial amendments (Articles 4, 5, 15, 19,
24, 25, 27, 46(a), 47, 49, 56, 59, 59(a),
59(c), 60, 63, 63(a), 64, 65, 88, 99, 110,
112 to 114, 117, 118, 120, 122, 123, 130 to
135, 137, 138, 140(f), 140(g), 140(i) and14(l)); Articles 46.1 and 59(c) (Italian
version of the law only);  Articles 61.1 and
61.3; Article 13.1 (Italian version of the
law only);  heading preceding Article
140(a);  Articles 140(a), 140(c)2 and140(c)3, 140(k)1(a); heading preceding
Article 140(n); Articles 140(n), 146 and
147.
Adopted on 9 October 1998.
Entered into effect on 1 May 1999.
(RO 1999 1363)Drafting amendments; delegation of authority to the
Federal Council to designate the publication
medium;  amendments and clarification of
provisions on supplementary protection certificates
for medicines; introduction of s upplementary
protection certificates for phytosanitary products.
- Preamble; Articles 75, 78 and 86.3
(repealed).
Adopted on 24 March 2000.
Entered into effect on 1 January 2001.(RO 2000 2355)Amendments concerning cour t jurisdiction according
to location, currently regulated by the new Federal
Law on Jurisdiction in Civil Matters.
 29
Most recent amendments:- Preamble;  Articles 29.3 and 61.3.
Adopted on 5 October 2001.
Entered into effect on 1 July 2002.
(RO 2002 1456)Drafting change.  Publication medium.
N.B.: The Law on Patents is currently undergoing
a partial revision.
                                                     
29 Amendment introduced by the Law on Jurisdiction of 24 March 2000 (See Annex II:  Civil judicial
procedures and remedies).IP/N/1/CHE/2
Page 18
TITLE
DATES OF ADOPTION AND
ENTRY INTO EFFECTBRIEF DESCRIPTION
Ordinance on Patents for Inventions30
Adopted on 19 October 1977.
Entered into effect on 1 January 1978
(Articles 7, 8 and 9 and Titles entered into effect on
1 June 1978).
(Ordinance on Patents for Inventions, OBI,
RS 232.141, RO 1977 2027)Examination of applications for patents and issue of
patents for inventions, right of priority, immunity
derived from disclosure, administrative appeal
procedure, patents register, applications for European
patents and international applications, oppositionprocedure for preliminary examinations, etc.
Amendments30:
- Preamble, Articles 4, 6, 14, 15, 17, 18, 20,
39, 39(a), 40, 42, 43, 55, 61, 62, 62(a), 63,
82, 110(a), 119, 124, 125(a), 125(b), 126 and
127(a) to (m).Adopted on 17 May 1995.
Entered into effect on 1 September 1995.
(RO 1995 3660)Right of priority, supplementary protection
certificates for medicines, etc.
- Preamble, Articles 1, 3, 10, 12, 14, 16, 17,
17a, 18(a) to (d), 19, 19(a), 20, 21, 24, 37,
38, 39, 39(a), 43(a), 48, 49, 51, 61, 61(a),
62, 62(a), 63, 69, 71, 90, 96, 103, 105, 106,
111-113, 118, 118(a) and 127(b).
Adopted on 25 October 1995.
Entered into effect on 1 January 1996.
(RO 1995 5164)Amendments following the assumption by the
Federal Institute for Intellectual Property on
1 January 1996 of the tasks of the Federal Office for
Intellectual Property.
Most recent amendments30:
- Articles 18.1, 18(c)2 and 18(c)3, 21.5, 62.2,
62(a)2 and 69.1.
Adopted on 17 September 1997.Entered into effect on 1 January 1998.
(RO 1997 2171)Amendments resulting from the abolition of annual
renewal fees for the third and fourth years
following patent application filing (due date of
annual fees, advance payment, annual fees payableas of fifth year of date of filing).  Notice of end of
examination procedure.
                                                     
30 A consolidated version of this Ordinance has been submitted to the Secretariat (status as at
2 November 1999);  see document IP/N/1/CHE/P/6 .IP/N/1/CHE/2
Page 19
TITLE
DATES OF ADOPTION AND
ENTRY INTO EFFECTBRIEF DESCRIPTION
- Articles 4(a), 6, 14(h) to (k), 17, 23, 25.3,
28.2, 28.4, 32.5, 58.1 and heading of
Article 65 (German version of the law
only);  Articles 89.3, 92.2, 93.3, the
heading of Article 95 and Article 95.3,Article 108;  Article 110 (repealed);
Articles 118(a), 120; heading preceding
Article 125(a);  Article 126.1 and 126.2;
heading preceding Article 127(a);  Articles
127(a)1, 127(b)1(b)2 and 127(f)1.Adopted on 31 March 1999.
Entered into effect on 1 May 1999.
(RO 1999 1443)Electronic communication, electronic data
processing (processing per se, storage and
publication);  impossibility of notification;
exclusion from the examination procedure;  annual
renewal fees for European patents;  possibility offiling international applications in English;
international search;  supplementary protection
certificates for phytosanitary products, etc.
- Articles 12.2(a), 14(b);  17(a)1(d)
(repealed);  Article 18(c)2;  Articles 20(b)and 21.4 (repealed);  Articles 39.2bis,
39(a)2;  heading preceding Article 61(a);
heading preceding Article 62 (repealed);
Articles 62.2, 62(a)2, 69.1 and 69.2;
Article 69.4 (repealed); Article 71(repealed).
Adopted on 11 August 1999.
Entered into effect on 1 January 2000.
(RO 1999 2629)Drafting amendments .
Ordinance on the Fees Charged by the Federal
Institute for Intellectual Property4
Adopted on 25 October 1995.
Entered into effect on 1 January 1996.
(OT-IPI;  RS 232.148, RO 1995 5174)IP/N/1/CHE/2
Page 20
TITLE
DATES OF ADOPTION AND
ENTRY INTO EFFECTBRIEF DESCRIPTION
Regulation on the Fees Charged by the Federal
Institute for Intellectual Property5
of 28 April 1997.
Entered into effect on 1 January 1998.
(IPI-RT;  RS 232.148, RO 1997 2173)(See Annex I: General laws and regulations
exclusively concerning intellectual property)
Federal Law on the Prot ection of New Plant
Varieties.31
Adopted on 20 March 1975.
Entered into effect on 1 June 1977.(RS 232.16, RO 1977 862)Existence of rights, acquisition and scope of rights,
proceedings and penalties under civil and criminal
law, provisional measures, etc.
Most recent amendments31:
- Preamble;  Articles 41 and 47 (repealed).
Adopted on 24 March 2000.
Entered into effect on 1 January 2001.
(RO 2000 2355)Amendments concerning cour t jurisdiction according
to location, currently regulated by the new Federal
Law on Jurisdiction in Civil Matters. 32
NB: The Law on the Protection of New Plant
Varieties is currently under revision.Revision aimed particularly at the ratification of the
1991 Act of the International Convention for the
Protection of New Varieties of Plants (UPOV
Convention).
Ordinance on the Protection of Plant Varieties33
Adopted on 11 May 1977.
Entered into effect on 1 June 1977.(RS 232.161;  RO 1977 880)Protection certificates (application for protection and
examination of the variety in question),
administrative appeal procedure, etc.
                                                     
31 A consolidated version of this Law has been submitted to the Secretariat (status as at
3 October 2000);  see document IP/N/1/CHE/P/7 .
32 Amendment introduced by the Law on Jurisdiction of 24 March 2000 (See Annex II: Civil judicial
procedures and remedies).IP/N/1/CHE/2
Page 21
TITLE
DATES OF ADOPTION AND
ENTRY INTO EFFECTBRIEF DESCRIPTION
Amendments33:
- Articles 41, 43, 44 and 46.
Adopted on 19 October 1994.
Entered into effect on 1 January 1995.
(RO 1994 2370)Amendments concerning fees.
Most recent amendments33:
- Article 15.
Adopted on 22 January 1997.
Entered into effect on 1 May 1997.
(RO 1997 869)Mark of the owner of the variety.
- Article 5(c) and (d).
Adopted on 1 December 1997.
Entered into effect on 1 January 1998.
(RO 1997 2779)Deadline for transfer payments and payments from
abroad.
Ordinance on the Fees Charged by the Plant
Varieties Protection Bureau34
Adopted on 20 October 1994.
Entered into effect on 1 January 1995.(RS 232.161.4, RO 1994 2723)Fees for the provision of services; outlay.
Layout designs (topographies) of integrated
circuits
Federal Law on the Protec tion of Topographies of
Semi-Conductor Products35
Adopted on 9 October 1992.
Entered into effect on 1 July 1993
(Article 17 entered into effect on 1 January 1994).
(Law on Topographies, LTo; RS 231.2,
RO 1993 1828)Existence of protection rights, acquisition and scope
of rights, term of protection, civil and criminal
proceedings, topographies register, Customs
measures, etc.
                                                                                                                                                                    
33 A consolidated version of this Ordinance has been submitted to the Secretariat (status as at
23 December 1997);  see document IP/N/1/CHE/P/8 .
34 A copy of this Ordinance has been submitted to the Secretariat (status as at 1 January 1995).  It has
not been amended since its previous notification on 5 March 1996 (see documents IP/N/1/CHE/1 andIP/N/1/CHE/P/4).IP/N/1/CHE/2
Page 22
TITLE
DATES OF ADOPTION AND
ENTRY INTO EFFECTBRIEF DESCRIPTION
Ordinance on the Protect ion of Topographies of
Semi-Conductor Products36
Adopted on 26 April 1993.
Entered into effect on 1 July 1993.(Ordinance on Topographies, OTo;  RS 231.21,
RO 1993 1834)Registration of topographies, maintenance of
topographies register, Customs measures.
Most recent amendments36:
- Articles 16, 17 and 18.
Adopted on 17 May 1995.
Entered into effect on 1 July 1995.
(RO 1995 1779)Amendments in line with Articles 51, 53 and 55 of
the TRIPS Agreement.
- Preamble, Articles 1, 3 and 12.
Adopted on 25 October 1995.
Entered into effect on 1 January 1996.
(RO 1995 5156)Amendments following the assumption by the
Federal Institute for Intellectual Property on
1 January 1996 of the tasks of the Federal Office for
Intellectual Property.
Ordinance on the Fees Charged by the Federal
Institute for Intellectual Property4
Adopted on 25 October 1995.
Entered into effect on 1 January 1996.
(OT-IPI;  RS 232.148, RO 1995 5174)
Regulation on the Fees Charged by the Federal
Institute for Intellectual Property5
of 28 April 1997.
Entered into effect on 1 January 1998.(IPI-RT; RS 232.148, RO 1997 2173)
(See Annex I:  General laws and regulations
exclusively concerning intellectual property)
                                                                                                                                                                    
35 A copy of this Law has been submitted to the Secretariat.  It has not been amended since its previous
notification on 5 March 1996 (see documents IP/N/1/CHE/1 and IP/N/1/CHE/L/1).
36 A consolidated version of this Ordinance has been submitted to the Secretariat (status as at
1 January 1996);  see document IP/N/1/CHE/L/3 .IP/N/1/CHE/2
Page 23
TITLE
DATES OF ADOPTION AND
ENTRY INTO EFFECTBRIEF DESCRIPTION
Protection of undisclosed information
Federal Law on Patents for Inventions28
Adopted on 25 June 1954.
Entered into effect on 1 January 1956.
(LBI, RS 232.14, RO 1955 893)
(See Annex I:  Patents)Article 68:  safeguarding of industrial and business
secrets.
Ordinance on Patents for Inventions30
Adopted on 19 October 1977.
Entered into effect on 1 January 1978.
(RS 232.141, RO 1977 2027)
(See Annex I:  Patents)Articles 89 and 90:  safeguarding of industrial and
business secrets in patent application files and the
patents register.
Ordinance on the Prot ection of Trademarks13
Adopted on 23 December 1992.
Entered into effect on 1 April 1993.(OPM; RS 232.111, RO 1993 296)(See Annex I:  Trademarks (and service marks))Articles 36.3 and 37.4:  safeguarding of industrial
and business secrets in trademark application filesand the trademarks register.IP/N/1/CHE/2
Page 24
TITLE
DATES OF ADOPTION AND
ENTRY INTO EFFECTBRIEF DESCRIPTION
Ordinance on the Protect ion of Topographies of
Semi-Conductor Products36
Adopted on 26 April 1993.
Entered into effect on 1 July 1993.(OTo;  RS 231.21, RO 1993 1834)
(See Annex I:  Layout designs (topographies) of
integrated circuits)Article 9:  Safeguarding of industrial and business
secrets in topography application files and the
topographies register.
Federal Law on Unfair Competition37
Adopted on 19 December 1986.
Entered into effect on 1 March 1988.
(LCD;  RS 241, RO 1988 223)Definition of unfair practices. Proceedings and
penalties under civil and criminal law.  Article 4:
incitement to infringe or terminate a contract.
Article 5(b):  exploitation of the results of the work
of others in the knowledge that the results in questionwere obtained or made accessible by improper
means.  Article 6:  infringement of industrial or
business secrets.  Article 15:  safeguarding of
industrial and business secrets (in civil law
proceedings).N.B. The definition of indu strial and business secrets
has been developed by case law; it corresponds
to that set out in Article 39.1 of the TRIPS
Agreement.
Amendments37:
- Articles 3, 4, 13(a) and 15.
Adopted on 18 June 1993.
Entered into effect on 1 April 1994.
(RO 1994 375)
- Articles 3(b), 21, 22, 25 and 27.
Adopted on 24 March 1995.
Entered into effect on 1 November 1995.
(RO 1995 4086)
Most recent amendment37:
- Preamble; Article 12.1 (repealed).
Adopted on 24 March 2000.
Entered into effect on 1 January 2001.
(RO 2000 2355)Amendments concerning cour t jurisdiction according
to location, currently regulated by the new Federal
Law on Jurisdiction in Civil Matters. 38
                                                     
37 A consolidated version of this Law has been submitted to the Secretariat (status as at
3 October 2000);  see document IP/N/1/CHE/U/2 .IP/N/1/CHE/2
Page 25
TITLE
DATES OF ADOPTION AND
ENTRY INTO EFFECTBRIEF DESCRIPTION
Ordinance on Toxic Substances39
Adopted on 19 September 1983.
Entered into effect on 1 December 1983.(Otox, RS 813.01, RO 1983 1387)
Most recent amendments39:
- Preamble, heading preceding Article 1,
Articles 1(a) and 2, heading precedingArticle 17(a), Article 17(a) to (d), heading
preceding Article 38(a), Articles 38(a) to
(c), 42, heading preceding Article 48(c),
and Article 48.
Adopted on 23 June 1999.Entered into effect on 1 August 1999.
(RO 1999 2036)Article 17(a)1(f): protection of the first applicant
pursuant to Article 39.3 of the TRIPS Agreement.(Reference to the primacy of international law -
TRIPS Agreement).
Ordinance on the Registration of Phytosanitary
Products40
Adopted on 23 June 1999.
Entered into effect on 1 August 1999.(Ordinance on Phytosanitary Products, RS 916.161,
RO 1999 2045)Articles 14.2 and 15.3(c): protection of the first
applicant pursuant to Article 39.3 of the TRIPSAgreement:
Use may be made by a second applicant only:
with the authorization of the first applicant;
for ten years as of the first authorization for the most
recent active ingredient in the phytosanitary
product;
for five years, in relation to data relating to freshdiscoveries about the active ingredient or for data
furnished at the request of the authorities to address
information gaps.
                                                                                                                                                                    
38 Amendment introduced by the Law on Jurisdiction of 24 March 2000 (See Annex II: Civil judicial
procedures and remedies).
39 A copy of this Ordinance (consolidated version) has been submitted to the Secretariat (status as at
28 December 2001);  see document IP/N/1/CHE/O/8.
40 A copy of this Ordinance has been submitted to the Secretariat (status as at 23 November 1999);  see
document IP/N/1/CHE/O/9.IP/N/1/CHE/2
Page 26
TITLE
DATES OF ADOPTION AND
ENTRY INTO EFFECTBRIEF DESCRIPTION
Ordinance on the Production and Placing on the
Market of Feedstuffs41
Adopted on 26 May 1999.
Entered into effect on 1 July 1999.
(Ordinance on Animal Feedstuffs, RS 916.307,
RO 1999 1780)Article 9.2:  protection of the first applicant pursuant
to Article 39.3 of the TRIPS Agreement.
Federal Law on Medicinal Products and Medical
Devices42
Adopted on 15 December 2000.
Entered into effect on 1 January 2002.(Therapeutic Goods Act, LPTh, RS 812.21,
RO 2001 2790)Article 12.2:  protection of the first applicant
pursuant to Article 39.3 of the TRIPS Agreement.
Regulation Implementing the Intercantonal
Convention on the Control of Medicines43
Adopted on 25 May 1972.
Entered into effect on 1 July 1972.
Most recent amendments43:
- Article 10.3 and 10 4.
Adopted on 14 May 1998.
Entered into effect on 1 July 1998.Article 10.3 and 10.4:  protection of the first
applicant pursuant to Article 39.3 of the TRIPS
Agreement.
                                                     
41 A copy of this Ordinance has been submitted to the Secretariat (status as at 28 December 2001);  see
document IP/N/1/CHE/O/10.
42 A copy of this Law has been submitted to th e Secretariat (status as at 27 November 2001);  see
document IP/N/1/CHE/O/11 .
43 A consolidated version of this Regulation has been submitted to the Secretariat (status as at
25 November 1999);  see document IP/N/1/CHE/O/12.IP/N/1/CHE/2
Page 27
TITLE
DATES OF ADOPTION AND
ENTRY INTO EFFECTBRIEF DESCRIPTION
Control of anti-competitive practices in licences
Federal Law on Cartels a nd Similar Organizations44
Adopted on 20 December 1985.
Entered into effect on 1 July 1986.
(Law on Cartels, LCart;  RS 251, RO 1986 874)Definition of anti-competitive practices.  Article
44.3:  reservation regarding the effects on
competition arising exclusively from rights conferred
by legislation on the protection of industrial property
and copyright.
Federal Law on Cartels and Other Impediments to
Competition45
Adopted on 6 October 1995.
Entered into effect on 1 July 1996
(Articles 18 to 25 entered into effect on
1 February 1996).
(Law on Cartels, LCart;  RS 251, RO 1996 546)This Law replaces the Federal Law on Cartels and
Similar Organizations of 20 December 1985.Definition of anti-competitive practices.
Article 3.2:  reservation regarding impediments to
competition directly linked to intellectual property
(see also Article 6.1(d)).
Article 5:  unlawful anti-competitive practices.
Article 6:  agreements reputedly justified on
grounds of economic efficiency.
Most recent amendment45:
- Preamble;  Article 14.2 (repealed).
Adopted on 24 March 2000.
Entered into effect on 1 January 2001.
(RO 2000 2355)Amendments concerning cour t jurisdiction according
to location, currently regulated by the new Federal
Law on Jurisdiction in Civil Matters. 46
                                                     
44 See document IP/N/1/CHE/O/3.
45 A copy of this Law (consolidated version) has been submitted to the Secretariat (status as at
3 October 2000);  see document IP/N/1/CHE/O/13 .
46 Amendment introduced by the Law on Jurisdiction of 24 March 2000 (See Annex II:  Civil judicial
procedures and remedies).IP/N/1/CHE/2
Page 28
TITLE
DATES OF ADOPTION AND
ENTRY INTO EFFECTBRIEF DESCRIPTION
Ordinance on the Collection of Fees Under the Law
on Cartels47
Adopted on 25 February 1998.
Entered into effect on 1 April 1998.
(Ordinance on Fees, LCart;  RS 251.2,
RO 1998 919)Procedures for the payment of fees for
administrative procedures provided for in the Law
on Cartels of 6 October 1995 and for consultancy
and services provided in relation to this Law.
Federal Law on Patents for Inventions28
Adopted on 25 June 1954.
Entered into effect on 1 January 1956
(Articles 89.2, 90.2, 90.3, 91.2, 91.3, 96.1, 96.3,101.1 and 105.3 entered into effect on
1 October 1959).
(Law on Patents, LBI, RS 232.14, RO 1955 893)
(See Annex I:  Patents)Article 40(a):  licensing in the field of
semi-conductor technology is obligatory solely to
counter a practice declared to be anti-competitive
following a judicial or administrative procedure.
Enforcement
Federal Law on Copyright and Neighbouring
Rights6
Adopted on 9 October 1992.
Entered into effect on 1 July 1993
(Article 74.1 entered into effect on 1 January 1994).
(Law on Copyright, LDA;  RS 231.1,
RO 1993 1798)
(See Annex I:  Copyright and related rights)Proceedings and penalties under civil and criminal
law.  Monitoring of copyright societies.  Provisional
measures.  Customs measures.
                                                     
47 A copy of this Ordinance has been submitted to the Secretariat (status as at 31 March 1998);  see
document IP/N/1/CHE/O/14 .IP/N/1/CHE/2
Page 29
TITLE
DATES OF ADOPTION AND
ENTRY INTO EFFECTBRIEF DESCRIPTION
Ordinance on Copyright and Neighbouring Rights8
Adopted on 26 April 1993.
Entered into effect on 1 July 1993.(Ordinance on Copyright, ODAu; RS 231.11,
RO 1993 1821)
(See Annex I:  Copyright and related rights)Protection of software .  Customs measures.
Federal Law on the Protection of Trademarks and
Indications of Source10
Adopted on 28 August 1992.
Entered into effect on 1 April 1993
(Article 36 entered into effect on 1 January 1994).
(Law on the Protection of Trademarks, LPM;
RS 232.11, RO 1993 274)
(See Annex I:  Trademarks (and service marks))Proceedings and penalties under civil and criminal
law.  Provisional measures.  Customs measures.
Ordinance on the Prot ection of Trademarks13
Adopted on 23 December 1992.
Entered into effect on 1 April 1993.(OPM;  RS 232.111, RO 1993 296)
(See Annex I:  Trademarks (and service marks))Customs measures.
Federal Law on Industrial Designs and Models24
Adopted on 30 March 1900.
Entered into effect on 1 August 1900.
(RS 232.12, RO 18 124 and RS 2 866)
(See Annex I:  Industrial designs)Proceedings and penalties under civil and criminal
law.  Provisional measures.  Customs measures.IP/N/1/CHE/2
Page 30
TITLE
DATES OF ADOPTION AND
ENTRY INTO EFFECTBRIEF DESCRIPTION
Federal Law on the Protection of Designs25
Adopted on 5 October 2001.
Entered into effect on 1 July 2002.(Law on Designs, LDes, RS 232.12, RO 2002 1456)(See Annex I: Industrial designs)Proceedings and penalties under civil and criminal
law.  Provisional meas ures. Customs measures.
Ordinance on Industrial Designs26
Adopted on 27 July 1900.
Entered into effect on 1 August 1900.
(ODMI;  RS 232.121, RO 18 135 and RS 2 874)
(See Annex I:  Industrial designs)Customs measures.
Ordinance on the Protection of Designs27
Adopted on 8 March 2002.
Entered into effect on 1 July 2002.(Ordinance on Designs, ODes, RS 232.121,
RO 2002) 1122)
(See Annex I:  Industrial designs)Customs measures.
Federal Law on Patents for Inventions28
Adopted on 25 June 1954.
Entered into effect on 1 January 1956
(Articles 89.2, 90.2, 90.3, 91.2, 91.3, 96.1, 96.3,
101.1 and 105.3 entered into effect on
1 October 1959).
(Law on Patents, LBI, RS 232.14, RO 1955 893)
(See Annex I:  Patents)Proceedings and penalties under civil and criminal
law.
Provisional measures.IP/N/1/CHE/2
Page 31
TITLE
DATES OF ADOPTION AND
ENTRY INTO EFFECTBRIEF DESCRIPTION
Federal Law on the Protec tion of Topographies of
Semi-Conductor Products35
Adopted on 9 October 1992.
Entered into effect on 1 July 1993
(Article 17 entered into effect on 1 January 1994).
(Law on Topographies, LTo; RS 231.2,
RO 1993 1828)
(See Annex I:  Layout designs (topographies) of
integrated circuits)Proceedings and penalties under civil and criminal
law.  Customs measures.
Ordinance on the Protect ion of Topographies of
Semi-Conductor Products36
Adopted on 26 April 1993.
Entered into effect on 1 July 1993.(Ordinance on Topographies, OTo;  RS 231.21,
RO 1993 1834)
(See Annex I:  Layout designs (topographies) of
integrated circuits)Customs measures.
Federal Law on Unfair Competition37
Adopted on 19 December 1986.
Entered into effect on 1 March 1988.
(LCD;  RS 241, RO 1988 223)(See Annex I:  Protection of undisclosed
information)Proceedings and penalties under civil and criminal
law.
Provisional measures.IP/N/1/CHE/2
Page 32
TITLE
DATES OF ADOPTION AND
ENTRY INTO EFFECTBRIEF DESCRIPTION
Ordinance on the Right of the Confederation to
Institute Proceedings in the Context of the Law on
Unfair Competition48
Adopted on 17 February 1993.
Entered into effect on 1 March 1993.(RS 241.3, RO 1993 1053)The Federal Office for Industry, Crafts and Trades
and Labour (OFIAMT) The Federal Office of
Economic Development and Employment (OFDE)
represents the Confederation in civil and criminal
proceedings pursuant to Article 10.2(c) of the Lawon Unfair Competition (LCD).
Most recent amendments48:
- Editorial amendments.
Adopted on 22 June 1998.
Entered into effect on 1 August 1998.
(RO 1998 1822)
Acquisition and maintenance of intellectual
property rights and related inter partes
procedures
See, in particular, the laws and regulations referred toabove.  See also  Annex II.
                                                     
48 A consolidated version of this Ordinance has been submitted to the Secretariat (status as at
1 February 2000);  see document IP/N/1/CHE/O/15 .IP/N/1/CHE/2
Page 33
ANNEX II
OTHER LAWS AND REGULATIONS
TITLE
DATES OF ADOPTION AND
ENTRY INTO EFFECTBRIEF DESCRIPTION
Copyright and related rights
Swiss Code of Civil Law49
Adopted on 10 December 1907.
Entered into effect on 1 January 1912.
(CC;  RS 210, RS 2 3)Articles 27 and 28: Protection of personality against
excessive commitments and infringements
(existence, scope, provisional actions and measures,
enforcement).Articles 60 ff:  Provisions governing associations.
Certain copyright societies are set up as associations.
Federal Law Supplementing the Swiss Code of Civil
Law50
Adopted on 30 March 1911.
Entered into effect on 1 January 1912.
(Code of Obligations, CO;  RS 220, RS 2 189  and
RO 27 321)Articles 380 ff:  Provisions regarding publishing
contracts (existence and scope of rights as regardstransfers of copyright, the author’s right of disposal,
translation rights and the publisher’s rights in respect
of a work developed on the basis of his or her
project).
Articles 828 ff: Provisions governing cooperatives.In most cases, copyright societies are set up as
cooperatives.
Federal Law on Unfair Competition
Adopted on 19 December 1986.
Entered into effect on 1 March 1988.(LCD;  RS 241, RO 1988 223)
(See Annex I:  Protection of undisclosed
information)Article 3:  Definition of unfair practices.
Article 5(c):  Appropriating the result of the work of
others with the use of reproduction techniques and
exploiting it as it stands, without any corresponding
input, constitutes an unfair practice (exploitation of
the work of others).
                                                     
49 A consolidated version of this Law has been submitted to the Secretariat (status as at
26 February 2002).
50 A consolidated version of this Law has been subm itted to the Secretariat (status as at 24 April 2001).IP/N/1/CHE/2
Page 34
TITLE
DATES OF ADOPTION AND
ENTRY INTO EFFECTBRIEF DESCRIPTION
Trademarks (and service marks)
Federal Law on the Protecti on of Coats of Arms and
other Public Signs51
Adopted on 5 June 1931.
Entered into effect on 1 February 1932.(RS 232.21, RS 2 928)Registration of public signs as trademarks;
restrictions.  Protection of foreign coats of arms and
other signs.  Penalties.
Regulation Implementing the Federal Law of
5 June 1931 on the Protection of Coats of Arms and
Other Public Signs52
Adopted on 5 January 1932.
Entered into effect on 1 February 1932.
(RS 232.211, RS 2 936)Registration as trademarks.
Federal Law on the Protection of the Emblem and
Name of the Red Cross53
Adopted on 25 March 1954.
Entered into effect on 1 January 1955.
(RS 232.22, RO 1954 1327)Ban on the registration of the emblem and name of
the Red Cross as a trademark.
                                                     
51 A copy of this Law has been submitted to the Secretariat.  It has not been amended since its previous
notification on 5 March 1996 (see document IP/N/1/CHE/1).
52 A copy of this Regulation has been submitted to the Secretariat.  It has not been amended since its
previous notification on 5 March 1996 (see document IP/N/1/CHE/1).
53 A copy of this Law has been submitted to the Secretariat.  It has not been amended since its previous
notification on 5 March 1996 (see document IP/N/1/CHE/1).IP/N/1/CHE/2
Page 35
TITLE
DATES OF ADOPTION AND
ENTRY INTO EFFECTBRIEF DESCRIPTION
Federal Law on the Protection of the Names and
Emblems of the United Nations Organization and
other Intergovernmental Organizations54
Adopted on 15 December 1961.
Entered into effect on 1 June 1962.(RS 232.23, RO 1962 461)Ban on the registration as trademarks of the names
and emblems of the United Nations Organization and
other Intergovernmental Organizations.
Federal Law on Unfair Competition
Adopted on 19 December 1986.
Entered into effect on 1 March 1988.
(LCD;  RS 241, RO 1988 223)
(See Annex I:  Protection of undisclosed
information)Article 3(d):  Measures designed to cause confusion
with the merchandise, works, services or activities of
others constitute unfair practice.
Federal Law on Foodstuffs and Objects in Everyday
Use55
Adopted on 9 October 1992.
Entered into effect on 1 July 1995.
(Law on Foodstuffs, LDAI; RS 817.0,
RO 1995 1469)Article 18:  Ban on misleading indications regarding
the manufacture, composition and special effects of
foodstuffs.
Federal Law Regulating Trade in Precious Metals
and Works in Precious Metals56
Adopted on 20 June 1933.
Entered into effect on 1 July 1934.(Law Regulating Trade in Precious Metals, LCMP;
RS 941.31, RO 50 357 and RS 10 129 )Articles 10, 12.1 bis, 12.2, 22.1, 22(a) and 47,
amended and introduced during the complete
revision of the Law on the Protection of Trademarks
(LPM of 28 August 1992) (See Annex I:
Trademarks (and service marks)).
                                                     
54 A copy of this Law has been submitted to the Secretariat.  It has not been amended since its previous
notification on 5 March 1996 (see document IP/N/1/CHE/1).
55 A consolidated version of this Law has been submitted to the Secretariat (status as at 7 May 2002).
It contains all amendments introduced since this Law was previously notified on 5 March 1996 (seedocument IP/N/1/CHE/1).IP/N/1/CHE/2
Page 36
TITLE
DATES OF ADOPTION AND
ENTRY INTO EFFECTBRIEF DESCRIPTION
Geographical indications
Federal Law Supplementing the Swiss Code of Civil
Law
Adopted on 30 March 1911.
Entered into effect on 1 January 1912.
(Code of Obligations, CO; RS 220, RS 2 189 and
RO 27 321)
(See Annex II:  Copyright and related rights)Creation of business names containing national or
territorial geographical designations
(Article 944.2).
Ordinance on the Business Register57
Adopted on 7 June 1937.
Entered into effect on 1 July 1937.(ORC;  RS 221.411, RO 53 573, RS 2 672)Articles 45 ff:  Ban on the use of national, territorial
and regional designations in business names.
Exceptions.
Most recent amendments:
- Articles 3.2, 3.4bis and 5; Article 39
(repealed);  Articles 44 to 48 and 58.1;
Article 58.2 (repealed);  Article 60.3 and
Article 90(b) (repealed).
Adopted on 29 September 1997.
Entered into effect on 1 January 1998.(RO 1997 2230)Possibility of using national, territorial and regional
designations in business names.  Procedures
(Article 5);  procedures relating to business names
and names of associations and foundations
(Articles 44 to 47);  trade names and trade signs
(Article 48); etc.
Federal Law on the Protecti on of Coats of Arms and
other Public Signs
Adopted on 5 June 1931.
Entered into effect on 1 February 1932.(RS 232.21, RS 2 928)(See Annex II:  Trademarks (and service marks))Articles 1.4, 2, 3 and 10:  Ban on the use, for
business purposes, of coats of arms and other signs
pertaining to the Confederation, the Cantons orforeign States on products and their packaging.  The
misleading use thereof with regard to geographical
origin is considered unethical.
                                                                                                                                                                    
56 A consolidated version of this Law has been submitted to the Secretariat (status as at
1 January 1996).
57 A consolidated version of this Ordinance has been submitted to the Secretariat (status as at
21 October 1997).  It contains all amendments introduced since this Ordinance was previously notified on5 March 1996 (see document IP/N/1/CHE/1).IP/N/1/CHE/2
Page 37
TITLE
DATES OF ADOPTION AND
ENTRY INTO EFFECTBRIEF DESCRIPTION
Regulation Implementing the Federal Law on the
Protection of Coat s of Arms and other Public Signs
Adopted on 5 January 1932.
Entered into effect on 1 February 1932.
(RS 232.211, RS 2 936)(See Annex II:  Trademarks (and service marks))Industrial designs, trademarks, business register, etc.
Federal Law on Unfair Competition
Adopted on 19 December 1986.
Entered into effect on 1 March 1988.
(LCD;  RS 241, RO 1988 223)(See Annex I:  Protection of undisclosed
information)Article 3:  Definition of unfair practices.  See for
example (b) and (d):  inaccurate or false indications
or measures designed to cause confusion with the
merchandise, works, services or activities of othersconstitute unfair practice.
Article 10.2(c):  Action by the Confederation to
protect Switzerland’s reputation when persons
having the right to institute proceedings reside in
foreign countries.
Ordinance on the Right of the Confederation to
Institute Proceedings in the Context of the Law on
Unfair Competition
Adopted on 17 February 1993.
Entered into effect on 1 March 1993.(RS 241.3, RO 1993 1053)(See Annex I:  Enforcement)The Federal Office for Industry, Crafts and Trades
and Labour (OFIAMT) The Federal Office of
Economic Development and Employment (OFDE)
represents the Confederation in civil and criminalproceedings based on Article 10.2(c) of the Law on
Unfair Competition (LCD).IP/N/1/CHE/2
Page 38
TITLE
DATES OF ADOPTION AND
ENTRY INTO EFFECTBRIEF DESCRIPTION
Industrial designs
Federal Law Supplementing the Swiss Code of Civil
Law
Adopted on 30 March 1911.
Entered into effect on 1 January 1912.
(Code of Obligations, CO;  RS 220, RS 2 189 and
RO 27 321)
(See Annex II:  Copyright and related rights)Article 332(a):  The employer’s right to designs,
whether eligible for protection or not, created by an
employee in the performance of his or her duties.
Most recent amendments:
- Article 332 and Article 333(a) (repealed).
Adopted on 5 October 2002.Entered into effect on 1 July 2002.
(RO 2002 1456)
(See Annex I:  Industrial designs)The new Law on Designs has eliminated the
regulation under Article 332(a) of the Code ofObligations (CO);  Article 332 thereof now
establishes the same regulation for both invention
and design rights.
Federal Law on Unfair Competition
Adopted on 19 December 1986.
Entered into effect on 1 March 1988.(LCD;  RS 241, RO 1988 223)
(See Annex I:  Protection of undisclosed
information)Article 3:  Definition of unfair practices; see for
example (d):  measures designed to cause confusionwith the merchandise, works, services or activities of
others constitute unfair practice.
Article 5:  The illicit exploitation of the work of
others constitutes unfair practice.
Patents (including the protection of plant
varieties)
Federal Law Supplementing the Swiss Code of Civil
Law
Adopted on 30 March 1911.
Entered into effect on 1 January 1912.(Code of Obligations, CO;  RS 220, RS 2 189 and
RO 27 321)
(See Annex II:  Copyright and related rights)Article 332:  The employer’s right to Inventions by
an employee in the performance of his or her duties.IP/N/1/CHE/2
Page 39
TITLE
DATES OF ADOPTION AND
ENTRY INTO EFFECTBRIEF DESCRIPTION
Federal Law on Unfair Competition
Adopted on 19 December 1986.
Entered into effect on 1 March 1988.(LCD;  RS 241, RO 1988 223)(See Annex I:  Protection of undisclosed
information)Article 3:  Definition of unfair practices.
Staff regulations applying to officials58
Adopted on 30 June 1927.
Entered into effect on 1 January 1928.
(StF;  RS 172.221.10, RO 43 459 and RS 1 459)Article 16:  Inventions by an official in the
performance of his or her duties belong to the
Confederation.
Regulations applying to public service employees59
Adopted on 10 November 1959.
Entered into effect on 1 December 1959.
(RE;  RS 172.221.104, RO 1959 1221)Article 19:  Inventions by a public service employee
in the performance of his or her duties belong to the
Confederation.
N.B.:  The Staff regulations applying to officials of
30 June 1927 have been repealed by the new Law on
the Personnel of the Confederation60, adopted on
24 March 2002 with entry into force on
1 January 2002 (LPers, RS 172.220.1,
RO 2001 894), and the Regulations applying topublic service employees of 10 November 1959 have
been repealed by the Ordinance Implementing the
Law on the Personnel of the Confederation (LPers)
in respect of the Federal Administration61, adopted
on 3 July 2001 with entry into force on 1 January
2002 (RS 172.220.111.2, RO 2001 2197).  The
relevant provisions of the Code of Obligations apply
mutatis mutandis if this Law does not provide
otherwise (Article 6).
N.B.:  Cantonal officials and employees are subject
to similar Cantonal provisions.  It was not
thought necessary to cite the latter here.
                                                     
60 A copy of this Law has been submitted to the Secretariat (status as at 28 December 2001).IP/N/1/CHE/2
Page 40
TITLE
DATES OF ADOPTION AND
ENTRY INTO EFFECTBRIEF DESCRIPTION
Layout designs (topographies) of integrated
circuits
Federal Law on Unfair Competition
Adopted on 19 December 1986.
Entered into effect on 1 March 1988.(LCD;  RS 241, RO 1988 223)
(See Annex I:  Protection of undisclosed
information)Article 5(c):  Appropriating the results of the work of
others with the use of reproduction techniques and
exploiting it as it stands, without any corresponding
input, constitutes unfair practice (exploitation of the
work of others).
Protection of undisclosed information
Federal Law Supplementing the Swiss Code of Civil
Law
Adopted on 30 March 1911.
Entered into effect on 1 January 1912.
(Code of Obligations, CO;  RS 220, RS 2 189  and
RO 27 321)
(See Annex II:  Copyright and related rights)Article 321(a):  Workers prohibited from making use
of or revealing industrial or business secrets while
under contract or subsequently.
Swiss Code of Criminal Law62
Adopted on 21 December 1937.
Entered into effect on 1 January 1942.(CPS;  RS 311.0, RS 3 193)Article 161:  Exploitation of knowledge of
confidential information.  Article 162:  Infringement
of industrial and business secrets.  Article 273:
Seeking to discover industrial or business secrets in
order to make them accessible to a foreign official orprivate body is forbidden.  Proceedings and penalties
under criminal law.
N.B.: The definition of industrial and business
secrets has been developed by case law:  it
corresponds to that set out in Article 39.1 of
the TRIPS Agreement.
                                                                                                                                                                    
61 A copy of this Ordinance has been submitted to  the Secretariat (status as at 28 December 2001).
62 A consolidated version of this Law has been submitted to the Secretariat (status as at
26 March 2002).IP/N/1/CHE/2
Page 41
TITLE
DATES OF ADOPTION AND
ENTRY INTO EFFECTBRIEF DESCRIPTION
Federal Law on Medicinal Products and Medical
Devices
Adopted on 15 December 2000.
Entered into effect on 1 January 2002.
(Therapeutic Goods Act, LPTh, RS 812.21,
RO 2001 2790)
(See Annex I: Protection of undisclosed
information)Article 61:  persons responsible for enforcing this
Law are required to respect confidentiality.
Article 62:  data confidentiality.
Article 63:  communication of data between Swiss
law enforcement authorities.Article 64:  international administrative assistance.
Regulation Implementing the Intercantonal
Convention on the Control of Medicines
Adopted on 25 May 1972.
Entered into effect on 1 July 1972.
(See Annex I:  Protection of undisclosed
information.)Article 34:  Persons effecting controls on medicines
and their manufacture are subject to professional
secrecy.
N.B.: Provisions concerning the mandatory
professional secrecy of natural and legal
persons, employees and officials and the
safeguarding of industrial and business
secrets are common in most laws and
regulations.  It was not thought necessary to
cite them here.
Prevention of the improper use of intellectual
property rights
Federal Law on Cartels and Similar Organizations
Adopted on 20 December 1985.
Entered into effect on 1 July 1986.
(Law on Cartels, LCart;  RS 251, RO 1986 874)Acts of which the effects on competition do not
derive exclusively from the legislation on
intellectual property fall within the scope of the
Law on Cartels (Article 44.3).IP/N/1/CHE/2
Page 42
TITLE
DATES OF ADOPTION AND
ENTRY INTO EFFECTBRIEF DESCRIPTION
Federal Law on Cartels and Other Impediments to
Competition
Adopted on 6 October 1995.
Entered into effect on 1 July 1996
(Articles 18 to 25 entered into effect on
1 February 1996).
(Law on Cartels, LCart;  RS 251, RO 1996 546)(See Annex I:  Control of anti-competitive practices
in licences)This Law replaces the Federal Law on Cartels and
Similar Organizations of 20 December 1985.
Article 3.2:  Scope of the Law on Cartels;
Article 6.1(d):  Agreements on the granting of
exclusive licences relating to intellectual propertyrights are considered justified.  Civil law and
administrative proceedings and penalties.
Civil judicial procedures and remedies
Swiss Code of Civil Law
Adopted on 10 December 1907.
Entered into effect on 1 January 1912.(CC;  RS 210, RS 2 3)
(See Annex II:  Copyright and related rights)Articles 28(a) ff:  Protection of personality: scope
and measures.  Enforcement of measures, etc.
Federal Law Supplementing the Swiss Code of Civil
Law
Adopted on 30 March 1911.
Entered into effect on 1 January 1912.
(Code of Obligations, CO; RS 220, RS 2 189 and
RO 27 321)
(See Annex II:  Copyright and related rights)Articles 41 ff:  Civil liability arising from unlawful
acts;  award of damages, etc.Articles 97 ff:  Contractual obligations; award of
damages, etc.IP/N/1/CHE/2
Page 43
TITLE
DATES OF ADOPTION AND
ENTRY INTO EFFECTBRIEF DESCRIPTION
Cantonal Codes of Ci vil Law Procedure All Swiss Cantons and ha lf-Cantons (26 in all)
possess codes of civil law procedure setting out legal
remedies and procedures for executing decisions.  In
the area of intellectual property, each Canton
designates a single court of first instance in respectof procedures under civil law.
Ordinance fixing the maximum amount at issue in
disputes to be settled by procedures relating to
consumer protection or unfair competition63
Adopted on 14 December 1987.
Entered into effect on 1 March 1988.
(RS 944.8, RO 1988 232)The Cantons establish conciliation procedures or
simple and rapid legal procedures applying to
contract-related disputes involving a maximum of8,000 Swiss francs.
Federal Law on Jurisdiction in Civil Matters64
Adopted on 24 March 2000.
Entered into effect on 1 January 2001.(Law on Jurisdiction, LFors;  RS 272,
RO 2000 2355)The Law on Jurisdiction in Civil Matters governs
court jurisdiction according to location when casesare not international.
Federal Law on International Private Law65
Adopted on 18 December 1987.
Entered into effect on 1 January 1989.
(LDIP;  RS 291, RO 1988 1776)Articles 109 ff:  Jurisdiction of Swiss courts,
applicable legislation and recognition of decisions
made in foreign countries in the area of intellectual
property.Article 122:  Legislation applicable to contracts in
the area of intellectual property.
                                                     
63 A copy of this Ordinance has been submitted to the Secretariat.  It has not been amended since its
previous notification on 5 March 1996 (see document IP/N/1/CHE/1).
64 A copy of this Law has been submitted to the Secretariat (status as at 3 October 2000).
65 A consolidated version of this Law has been submitted to the Secretariat (status as at
16 March 1999).IP/N/1/CHE/2
Page 44
TITLE
DATES OF ADOPTION AND
ENTRY INTO EFFECTBRIEF DESCRIPTION
Federal Law on the Organization of the Judicial
System66
Adopted on 16 December 1943.
Entered into effect on 1 January 1945.
(OJ;  RS 173.110, RS 3 521).Article 45(a):  Petition for review before the Federal
Court in respect of civil law proceedings relating tointellectual property.
Article 67:  Particular characteristics of proceedings
relating to patents. Petitions for revocation under
Articles 68 ff are subsidiary.
Article 83:  Public-law appeal against a Cantonal
decision or order on the grounds of alleged
infringement of citizens’ constitutional rights, legalsettlements, international treaties or requirements of
Federal law regarding the jurisdiction of the
respective authorities (special appeal), etc.
N.B.: The Federal Law on the Organization of the
Judicial System has been revised in relation
to coordination of the jurisdiction of the
administrative, judicial and legislative
bodies.  All of these amendments have been
incorporated in the consolidated version ofthe Law submitted to the Secretariat.
Scale of costs awarded to the opposing party in cases
brought before the Federal Court67
Adopted on 9 November 1978.
Entered into effect on 1 January 1979.(RS 173.119.1, RO 1978 1956)
Federal Law on Cartels and Similar Organizations
Adopted on 20 December 1985.
Entered into effect on 1 July 1986.
(Law on Cartels, LCart; RS 251, RO 1986 874)Articles 6 ff: Proceedings and penalties under civil
law.
                                                     
66 A consolidated version of this Law has been submitted to the Secretariat (status as at 23 July 2002).
It contains all amendments introduced since the previous notification of this Law on 5 March 1996 (see
document IP/N/1/CHE/1).
67 A copy of this scale of costs has been submitted to the Secretariat (status as at 1 July 1995).  It has
not been amended since its previous notification on 5 March 1996 (see document IP/N/1/CHE/1).IP/N/1/CHE/2
Page 45
TITLE
DATES OF ADOPTION AND
ENTRY INTO EFFECTBRIEF DESCRIPTION
Complete revision (See Annex I:  Control of anti-
competitive practices in licences)
Federal Law on Cartels and Other Impediments to
Competition
Adopted on 6 October 1995.
Entered into effect on 1 July 1996
(Articles 18 to 25 entered into effect on1 February 1996).
(Law on Cartels; LCart;  RS 251, RO 1996 546)(See Annex I:  Control of anti-competitive practices
in licences)This Law replaces the Federal Law on Cartels and
Similar Organizations of 20 December 1985.Articles 12 ff:  Proceedings and penalties under civil
law.
Provisional judicial measures
Swiss Code of Civil Law
Adopted on 10 December 1907.
Entered into effect on 1 January 1912.
(CC;  RS 210, RS 2 3)(See Annex II:  Copyright and related rights)Articles 28(c) ff:  Provisional measures.
Cantonal Codes of Civil Law Procedure All Swiss Cantons and ha lf-Cantons (26 in all)
possess codes of civil law procedure setting out
provisional measures and details of their means ofenforcement.  In the field of intellectual property,
each Canton designates a single court of first
instance in respect of proceedings under civil law.IP/N/1/CHE/2
Page 46
TITLE
DATES OF ADOPTION AND
ENTRY INTO EFFECTBRIEF DESCRIPTION
Cantonal Codes of Criminal Law Procedure Each Canton or half-Canton possesses a code of
criminal law procedure which it applies subject to
the provisions of the Swi ss Code of Criminal Law
(Article 365) and the Federal Law on Criminal Law
Procedure (Articles 247 ff).  The 26 Cantonal Codesof criminal law proce dure contain provisions
regarding provisional measures.
Federal Law on the Organization of the Judicial
System
Adopted on 16 December 1943.
Entered into effect on 1 January 1945.
(OJ;  RS 173.110, RS 3 521).
(See Annex II:  Civil judicial procedures and
remedies)Article 58:  Even when civil proceedings have been
brought before the Federal Court for review, theCantonal authorities alone are competent to order the
enforcement of provisional measures.
Special requirements related to border measures
Regulation on Charges Levied by the Customs
Authorities68
Adopted on 22 August 1984
Entered into effect on 1 October 1984.(RS 631.152.1, RO 1984 960)Charges due for Customs intervention in cases of the
suspected import or export of products bearing
unlawfully affixed trademarks or indications of
source (Item 1 of the Tariff).
                                                     
68 A consolidated version of this Ordinance has been submitted to the Secretariat (status as at
28 December 2000).  It contains all amendments introduced since the previous notification of this Ordinance on5 March 1996 (see document IP/N/1/CHE/1).IP/N/1/CHE/2
Page 47
TITLE
DATES OF ADOPTION AND
ENTRY INTO EFFECTBRIEF DESCRIPTION
Criminal procedures
Swiss Code of Criminal Law
Adopted on 21 December 1937.
Entered into effect on 1 January 1942.(CPS;  RS 311.0, RS 3 193)(See Annex II:  Protection of undisclosed
information)Article 59:  Confiscation of assets obtained as the
result of an infringement.
Cantonal Codes of Criminal Law Procedure Prosecution is the responsibility of the Cantons.Each Canton or half-Canton has a Code of criminal
law procedure (26 codes in all) which is applied,subject to the provisions of the Swiss Code of
Criminal Law (Article 365) and the Federal Law on
Criminal Law Procedure (Articles 247 ff), to actions
pending before its courts.
Federal Law on Criminal Law Procedure69
Adopted on 15 June 1934.
Entered into effect on 1 January 1935.
(RS 312.0, RO 50 709 and RS 3 295)Articles 268 ff:  Revocation proceedings before the
Federal Court of Appeal against decisions by
Cantonal authorities in respect of infringements of
Federal Law, etc.
Federal Law on the Organization of the Judicial
System
Adopted on 16 December 1943.
Entered into effect on 1 January 1945.(OJ;  RS 173.110, RS 3 521)(See Annex II:  Civil judicial procedures and
remedies)Articles 136 and 145:  Revision and interpretation of
judgements by the Federal Court of Appeal.
Article 83:  Public-law appeal against a Cantonaldecision or order on the grounds of infringement of
citizens’ constitutional rights, legal settlements,
international treaties or requirements of Federal Law
regarding the limits of the authorities’ jurisdiction in
respect of matter or place (special appeal), etc.
                                                     
69 A consolidated version of this Law has been submitted to the Secretariat (status as at
28 December 2001). It contains all amendments introduced since the previous notification of this Law on5 March 1996 (see document IP/N/1/CHE/1).IP/N/1/CHE/2
Page 48
TITLE
DATES OF ADOPTION AND
ENTRY INTO EFFECTBRIEF DESCRIPTION
Scale of costs awarded to the opposing party in cases
brought before the Federal Court
Adopted on 9 November 1978.
Entered into effect on 1 January 1979.
(RS 173.119.1, RO 1978 1956)(See Annex II:  Civil judicial procedures and
remedies)
Ordinance on the Communication of Decisions
Taken by Cantonal Authorities in Criminal Law
Cases
Adopted on 28 November 1994.
Entered into effect on 1 January 1995.
(RS 312.3, RO 1995 92)The Cantonal authorities must communicate their
decisions in criminal law cases regarding intellectual
property to the Federal Institute for Intellectual
Property.
N.B.: This Ordinance was in force until
31 December 1999.
Ordinance of 1 December 1999 on the
Communication of Decisi ons Taken by Cantonal
Authorities in Criminal Law Cases70
Adopted on 1 December 1999.
Entered into effect on 1 January 2000.(Ordinance on Communication, RS 312.3,
RO 2000 2)Article 5:  Cantonal authorities are required to
communicate their decisions in criminal law cases
regarding intellectual property to the Federal
Institute for Intellectual Property.
                                                     
70 A consolidated version of this Ordinance has been submitted to the Secretariat (status as at
28 December 2001).IP/N/1/CHE/2
Page 49
TITLE
DATES OF ADOPTION AND
ENTRY INTO EFFECTBRIEF DESCRIPTION
Other administrative procedures and remedies
Federal Law on Administrative Procedures71
Adopted on 20 December 1968.
Entered into effect on 1 October 1969.
(PA;  RS 172.021, RO 1969 757)This Law governs the activities of the Federal
authorities competent as regards opposition
procedures and the filing, registration and renewal
(with the Federal Institute for Intellectual Property)
of trademarks, patents, industrial designs and
topographies of integrated circuits.  The Law alsoapplies to proceedings relating to intellectual
property before the Federal Committee.
Ordinance on Costs and Compensation in Respect
of Administrative Procedures72
Adopted on 10 September 1969.
Entered into effect on 1 October 1969.(RS 172.041.0, RO 1969 780)This Ordinance fixes the compensation awarded to
parties to opposition proceedings before the Appeals
Committee and the Federal Institute for Intellectual
Property.
Ordinance on the Organization and Procedure of the
Federal Appeal and Arbitration Committees73
Adopted on 3 February 1993.
Entered into force on 1 July 1993, with effect as of
1 January 1994.
(RS 173.31, RO 1993 879)This Ordinance governs, inter alia , the organization
and procedure of the Federal Appeals Committee in
relation to intellectual property matters.
                                                     
71 A consolidated version of this Law has been submitted to the Secretariat (status as at
28 December 2001).  It contains all amendments introduced since the previous notification of this Law on5 March 1996 (see document IP/N/1/CHE/1).
72 A copy of this Ordinance has been submitted to the Secretariat.  It has not been amended since its
previous notification on 5 March 1996 (see document IP/N/1/CHE/1).
73 A consolidated version of this Ordinance has been submitted to the Secretariat (status as at
28 December 2001).  It contains all amendments introduced since the previous notification of this Ordinance on5 March 1996 (see document IP/N/1/CHE/1).IP/N/1/CHE/2
Page 50
TITLE
DATES OF ADOPTION AND
ENTRY INTO EFFECTBRIEF DESCRIPTION
Federal Law on the Organization of the Judicial
System
Adopted on 16 December 1943.
Entered into effect on 1 January 1945.
(OJ;  RS 173.110, RS 3 521).(See Annex II:  Administrative judicial procedures
and remedies)Articles 97 ff:  Appeals under administrative law
before the Federal Court against decisions by the
administrative authorities.
Scale of costs awarded to the opposing party in
cases brought before the Federal Court
Adopted on 9 November 1978.
Entered into effect on 1 January 1979.(RS 173.119.1, RO 1978 1956)(See Annex II:  Administrative judicial procedures
and remedies)
Federal Law Supplementing the Swiss Code of Civil
Law
Adopted on 30 March 1911.
Entered into effect on 1 January 1912.
(Code of Obligations, CO; RS 220, RS 2 189  and
RO 27 321)
(See Annex II:  Copyright and related rights)Article 61:  Liability of officials and public
employees.IP/N/1/CHE/2
Page 51
TITLE
DATES OF ADOPTION AND
ENTRY INTO EFFECTBRIEF DESCRIPTION
Federal Law on the Liability of the Confederation,
Members of its Authorities and its Officials74
Adopted on 14 March 1958.
Entered into effect on 1 January 1959.
(Law on Liability;  RS 170.32, RO 1958 1483)Liability in respect of damage caused, disciplinary
liability of officials and persons directly entrusted
with public-law tasks by the Confederation.  Award
of damages, etc.
Ordinance Relating to the Law on Liability75
Adopted on 30 December 1958.
Entered into effect on 1 January 1959.
(RS 170.321, RO 1958 1492)Procedure relating to the liability of Federal officials
and employees.
NB: Cantonal officials and persons entrusted
with public law tasks by the Cantons are
liable under Cantonal laws.  It was notthought necessary to cite these laws here
since they are consistent with Federal
legislation.
Federal Law on Cartels and Similar Organizations
Adopted on 20 December 1985.
Entered into effect on 1 July 1986.
(Law on Cartels, LCart;  RS 251, RO 1986 874)Proceedings under administrative law.
Investigations and recommendations of the
Committee on Cartels (Articles 25 ff).
                                                     
74 A consolidated version of this Law has been submitted to the Secretariat (status as at
5 December 2000).  It contains all amendments introduced since the previous notification of this Law on5 March 1996 (see document IP/N/1/CHE/1).
75 A consolidated version of this Ordinance has been submitted to the Secretariat (status as at
18 September 2001).  It contains all amendments introduced since the previous notification of this Ordinance on5 March 1996 (see document IP/N/1/CHE/1).IP/N/1/CHE/2
Page 52
TITLE
DATES OF ADOPTION AND
ENTRY INTO EFFECTBRIEF DESCRIPTION
Federal Law on Cartels and Other Impediments to
Competition
Adopted on 6 October 1995.
Entered into effect on 1 July 1996
(Articles 18 to 25 entered into effect on
1 February 1996).
(Law on Cartels, LCart;  RS 251, RO 1996 546)(See Annex I:  Control of anti-competitive practices
in licences)This Law replaces the Federal Law on Cartels and
Similar Organizations of 20 December 1985.
Proceedings and penalties under administrative law
before the Committee on Competition (Articles 18 ff).
__________