WORLD TRADE
ORGANIZATIONIP/N/6/CHE/1/Add.1
14 May 2003
(03-2522)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:   English
CHECKLIST OF ISSUES ON ENFORCEMENT1
Responses from Switzerland
Addendum
By a communication from its Permanent Mission, dated 12 August 2002, Switzerland has
notified statistical information on the enforcement of intellectual property rights in Switzerland.
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In accordance with Article 63 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 statisti cal information on the enforcement of intellectual
property rights in Switzerland for the year 2000.  They shall be considered as an addendum to the
replies from Switzerland to the “Checklist of Issues on Enforcement” in document IP/N/6/CHE/1 of
16 October  1997.
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Introductory Statement
Civil and criminal enforcement procedures in Switzerland are governed mainly by procedural
laws of the Cantons, by the Federal Law on Jurisdiction and the Federal Law on the Organization of
the Judicial System (OJ), unless the federal intellectual property laws contain specific provisions for
the enforcement of intellectual property rights.
Decisions concerning the civil and criminal enforcement of intellectual property rights are
made, in the first instance, by the Swiss cantonal courts.  Decisions concerning intellectual property
rights can only be appealed to the Supreme Federal Court.
In the area of trademarks, patents and geographical indications, special administrative
opposition procedures are available in addition.  The Federal Appeals Committee known as
”Commission de recours en matière de propriété intellectuelle” has jurisdiction in the area of
trademarks and patents and its decisions in opposition cases are final.  In the case of geographical
indications for agricultural products and processed agricultural products, decisions on opposition tothe registration of a geographical indication are rendered by the Federal Agricultural Office.  The
Commission for Appellations of Origin and Geograph ical Indications advises the Federal Agricultural
Office and the decisions of the latter are subject to appeal before the Supreme Federal Court. 
                                                     
1 Document IP/C/5.IP/N/6/CHE/1/Add.1
Page 2
For further details on Swiss enforcement procedures, reference is made to the replies from
Switzerland to the “Checklist of Issues on Enforcement” in document IP/N/6/CHE/1
of 16 October 1997.
Statistical information on the civil, criminal and administrative enforcement of intellectual
property rights in Switzerland for the year 2000 are set forth below.  Included are decisions of the
civil and criminal courts at the cantonal level, the decisions of the Federal Appeals Committee and the
Supreme Federal Court. Statistical information do not include cases in which intellectual property
rights were invoked by the plaintiff but the court’s findings mainly focus on violations of competition,
antitrust or company law.
It should be noted that, although all efforts were made to ensure accuracy of the statistical
data submitted, it cannot be excluded that the statistical information does not record each and every
case that occurred during the relevant period covered by this report.
Statistical information
- Explanatory remarks
In the field of trademarks, 29 cases were communicated by the cantonal judicial authorities
and 47 preliminary measures were sought before the same authorities.  Out of those 29 cases,
infringement of a trademark was found in 20 cases, whereas in the other cases either a settlement wasagreed between the parties (6) or the claim was reje cted (2) or the plaintiff withdrew his claim (1).
Seizure was ordered in one (1) case.  The Federal Appeals Committee rendered 73 decisions.  In
25 cases the appeal was accepted or partly accepted, rejected in 35 cases and settled or withdrawn in
13 other cases.  The Supreme Federal Court rejected five (5) appeals and accepted two (2).
In the field of copyright and neighboring rights, the cantonal judicial courts rendered
12 decisions and found a violation of copyright in eight (8) of them. In the remaining cases, either a
settlement was agreed (2) or the claim was rejected (2).  Seizure of infringing material was ordered in
various instances.  Preliminary measures were sought and granted in seven (7) cases.  One (1)
criminal condemnation was ordered.  The Supreme Federal Court rejected three (3) appeals.
In the field of trademark and copyrights, the customs authorities intervened in 65 occasions
and seized goods for a total value of CHF 17'788’040.--.  In the majority of cases, disputes were
settled.
In the field of patents, 12 cases were communicated by the cantonal judicial authorities and
ten (10) provisional measures were sought before the same authorities.  The cantonal courts foundpatent violations in eight (8) cases.  Provisional measures were issued in six (6) cases.  The Federal
Appeals Committee rendered two (2) decisions.  The appeal was rejected in one (1) case and settled in
the other.  The Federal Supreme Court rejected one (1) appeal.
Finally, in the field of designs, one (1) provisional measure was granted at the cantonal level.IP/N/6/CHE/1/Add.1
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- The figures for the year 2000
IPRs/authority Cantonal Courts
Decisions/prov.
MeasuresCustoms
interventionsFed. Appeals
CommitteeSupreme Fed.
Court
Trademarks 29 /47 65 73 5
Copyright+NRs 12/7 NAOP* 2
Patents 12 /10 0 2 1
Designs 0/1 0 NAOP* 0
*NAOP:  no special administrative opposition procedure available to the rightholder
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