IP/N/1/CHE/5
30 October 2013
(13-5991)  Page: 1/13
Council for Trade-Related Aspects 
of Intellectual Property Rights  Original: English/French
 
  NOTIFICATION OF LAWS AND REGULATIONS 
UNDER ARTICLE 63.2 OF THE AGREEMENT 
SWITZERLAND  
The following communication, dated 24 September 2013,  is being circulated at the request of the 
delegation of Switzerland. 
 
_______________ 
 
 
Please find attached the update of Switzerland's notification of laws and regulations on intellectual property contained in document IP/N/1/CHE/4 of  May 2009. Switzerland submits this notification 
in accordance with Article 63.2 of the TRIPS Agreement. 
 The present update contains the Swiss laws and regulations pertaining to the protection 
and enforcement of intellectual property rights in force as of May 2013. The document contains 
a short description of the amendments made in th ese laws and regulations in the period between 
October 2008 and May 2013, i.e. since Switzerland's notification in IP/N/1/CHE/4.  IP/N/1/CHE/5 
- 2 - 
  DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
 This table shows Switzerland's current intellectual property laws and regulations and the legislative amendments made thereto between October 2008 an d May 2013. It follows on from Switzerland's 
previous notification on this subject (c f. document IP/N/1/CHE/4 of 5 May 2009). 
 
TITLE,  
DATES OF ADOPTION AND ENTRY  
INTO EFFECT BRIEF DESCRIPTION 
1 General laws and regulations 
concerning the Federal Institute for Intellectual Property   
  
Federal Law on the Statute and Tasks of the 
Federal Institute for Intellectual Property, 
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 into effect 
on 1 January 1997) (LIPI; RS 172.010.31- 
"http://www.admin.ch/o pc/fr/classified-
compilation/19950083/index.html ")1  
No change.  
  
Regulation on the Fees Charged by the 
Federal Institute for Intellectual Property, 
of 28 April 1997, entered into effect 
on 1 January 1998 (IPI-RT; RS 232.148 – 
"http://www.admin.ch/o pc/fr/classified-
compilation/19970153/index.html ")2 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. 
Most recent amendments:  
Article 2.1; annex 
adopted on 11 May 2011, entered into effect 
on 1 July 2011 (RO 2011 2251) Introduction of a patent attorney registration tax. 
Article 1a; annex 
adopted on 1 May 2013, entered into effect on 1 January 2014 (RO 2013 1307) Applicability of the General Ordinance on Fees; 
modification of taxes levied in respect of trademarks and patents for inventions. 
  
2 Copyright and related rights  
  
Federal Law on Copyright and Neighbouring 
Rights, adopted on 9 October 1992, entered into 
force on 1 July 1993 (Law on Copyright, LDA; 
RS 231.1 – 
"http://www.admin.ch/o pc/fr/classified-
compilation/19920251/index.html ")3 Definition of a work and its author, the existence, 
acquisition and scope of copyright and 
neighbouring rights, term of protection, copyright 
societies (rates and supervision), civil and criminal 
proceedings, Customs measures, etc. 
Most recent amendments:  
Article 64 (repealed); Article 65 
adopted on 19 December 2008, entered into force on 1 January 2011 (RO 2010 1739) Amendments made following the unification 
of civil procedure through the adoption of the Civil Procedure Code (RS 272 – "http://www.admin.ch/o pc/fr/classified-
compilation/20061121/index.html "). 
                                               
1 See document IP/N/1/CHE/O/1  (circulated on 26 April 1996). 
2 See document IP/N/1/CHE/O/24. 
3 See document IP/N/1/CHE/C/7. IP/N/1/CHE/5 
- 3 - 
  TITLE,  
DATES OF ADOPTION AND ENTRY  
INTO EFFECT BRIEF DESCRIPTION 
Ordinance on Copyright and Neighbouring 
Rights, adopted on 26 April 1993, entered into 
effect on 1 July 1993 (Ordinance on Copyright, 
ODAu; RS 231.11 – 
"http://www.admin.ch/o pc/fr/classified-
compilation/19930114/index.html ")4 Federal Arbitration Committee for the 
management of copyright and neighbouring 
rights, Customs measures, supervision 
of copyright societies, etc. 
No change.  
  
3 Trademarks (and service marks)  
  
Federal Law on the Protection of Trademarks 
and Indications of Source, 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 – 
"http://www.admin.ch/o pc/fr/classified-
compilation/19920213/index.html ")5 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, 
Customs measures, etc. 
In light of Parliament's adoption of the 
"Swissness" bill on 21 June 2013, the Law on the 
Protection of Trademarks (RS 232.11 – 
"http://www.admin.ch/o pc/fr/classified-
compilation/19920213/index.html ") will be 
partially revised, while the Federal Law on the 
Protection of Coats of Arms and other Public 
Signs (RS 232.21 – 
"http://www.admin.ch/o pc/fr/classified-
compilation/19310026/index.html ") will be revised 
in full. 
Most recent amendments:  
Article 42, Article 58 (repealed); Article 59 
adopted on 19 December 2008, entered into force on 1 January 2011 (RO 2010 1739) Amendments made following the unification 
of civil procedure through the adoption of the Civil Procedure Code (RS 272 – 
"http://www.admin.ch/o pc/fr/classified-
compilation/20061121/index.html "). 
Article 42 
adopted on 20 March 2009, entered into force on 1 July 2011 (RO 2011 2259) A notification domicile in Switzerland is required
to participate in an administrative procedure. 
  
Ordinance on the Protection of Trademarks, 
adopted on 23 December 1992, entered into 
effect on 1 April 1993 (OPM; RS 232.111 – 
"http://www.admin.ch/o pc/fr/classified-
compilation/19920365/index.html ")6 National and international registration of marks, 
opposition procedures, trademarks register, 
Customs measures, etc. 
Most recent amendments:  
Article 8.1 
adopted on 27 June 2007, entered into force 
on 16 March 2009 (RO 2009 859)  Formal updating of trademark law (use 
of approved form for filing a trademark). 
Article 9.2a and abis, 20a, 21, 28.1b, 29.1b 
adopted on 11 May 2011, entered into effect 
on 1 July 2011 (RO 2011 2243) Introduction of requirement for a notification 
domicile in Switzerland. 
                                               
4 See document IP/N/1/CHE/C/6 (circulated on 5 May 2009). 
5 See document IP/N/1/CHE/T/5-IP/N/1/CHE/G/19. 
6 See document IP/N/1/CHE/T/6-IP/N/1/CHE/G/20. IP/N/1/CHE/5 
- 4 - 
  TITLE,  
DATES OF ADOPTION AND ENTRY  
INTO EFFECT BRIEF DESCRIPTION 
4 Geographical indications (GIs)  
  
Federal Law on the Protection of Trademarks 
and Indications of Source, 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 – 
"http://www.admin.ch/o pc/fr/classified-
compilation/19920213/index.html ")5 Definitions, protection and Customs measures. 
Most recent amendments: See Trademarks   
  
Ordinance on the Protection of Trademarks, 
adopted on 23 December 1992, entered into 
effect on 1 April 1993 (OPM; RS 232.111 – 
"http://www.admin.ch/o pc/fr/classified-
compilation/19920365/index.html ")6 Identification marks on watches, Customs 
measures, etc. 
Most recent amendments: See Trademarks  
  
Ordinance on the Use of the Designation "Swiss" 
for Watches, adopted on 23 December 1971, 
entered into effect on 1 January 1972 
(RS 232.119 – 
"http://www.admin.ch/o pc/fr/classified-
compilation/19710361/index.html ")7 "Swiss-made" watches, dials, movements, etc. 
No change.  
  
Federal Law on Agriculture, 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 – 
"http://www.admin.ch/o pc/fr/classified-
compilation/19983407/index.html ", 
RO 1998 3033)8 - Articles 14 to 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 and 64 (viticulture): 
delegation of authority to the 
Federal Council to define the concepts 
of appellation of origin, registered 
appellation of origin and indication 
of source (Article 63); grading of grape 
harvest lots (Article 64). 
- Articles 166 (proceedings): administrative 
appeal procedure against decisions. 
- Article 172: criminal penalties for 
infringements of Articles 16 or 63. 
Most recent amendments concerning GIs:  
Article 26 (repealed) 
adopted on 22 June 2007, entered into effect 
on 1 January 2010 (RO 2007 6095)  
                                               
7 See document IP/N/1/CHE/G/13 (circulated on 5 May 2009). 
8 See document IP/N/1/CHE/G/21. IP/N/1/CHE/5 
- 5 - 
  TITLE,  
DATES OF ADOPTION AND ENTRY  
INTO EFFECT BRIEF DESCRIPTION 
Ordinance on the Protection of Appellations 
of Origin and Geographical Indications in 
Respect of Agricultural Products and Processed 
Agricultural Products, adopted on 28 May 1997, 
entered into effect on 1 July 1997 (Ordinance 
on Protected Appellations of Origin and Protected 
Geographical Indications, RS 910.12 – 
"http://www.admin.ch/o pc/fr/classified-
compilation/19970229/index.html ")9 This Ordinance specifies the types of appellation 
which may be registered, the protection afforded 
to them, registration procedures and control 
requirements: definitions of registered appellation 
of origin and protected geographical indication; 
generic names; registration procedure (persons 
entitled to file applications for registration, 
content of the application, specifications, decision, 
opposition, registration and publication, etc.); 
control, etc. 
Most recent amendments concerning GIs:  
Article 22.1 
adopted on 9 November 2011, entered into force on 1 January 2012 (RO 2011 5227) Establishment of a Commission for Appellations 
of Origin and Geographical Indications. 
  
Ordinance of the Federal Department of the 
Economy (DFE) on the Minimum Control 
Requirements for Protected Appellations 
of Origin and Protected Geographical Indications, 
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 – 
"http://www.admin.ch/o pc/fr/classified-
compilation/19994683/index.html ")10 Control measures. 
No change.  
  
Ordinance on Viticulture and the Importation 
of Wine, adopted on 14 November 2007, entered 
into effect on 1 January 2008 (Ordinance 
on Wine; RS 916.140 – 
"http://www.admin.ch/o pc/fr/classified-
compilation/20071607/index.html ")11 New legislation following the amendment 
of Articles 63 and 64 and the repeal of Articles 65 
and 67 to 69 of the Law on Agriculture. Controlled 
appellation of origin wines (Article 21). 
Local wines with their own traditional names 
(Article 23). Register of controlled appellations 
of origin (Article 25). 
Most recent amendments concerning GIs:  
Article 20; Article 21.3bis, 21.5 and 21.6; 
Article 24a. 
adopted on 4 November 2009, entered into force on 1 August 2010 (RO 2010 733) Wine regions, production area and cross-border 
production zone. 
Article 21.6 
adopted on 15 May 2013, entered into effect on 1 June 2013 (RO 2013 1461) Output regulations valid from 1 June 2013
to 31 December 2014. 
                                               
9 See document IP/N/1/CHE/G/22. 
10 See document IP/N/1/CHE/G/16 (circulated on 5 May 2009). 
11 See document IP/N/1/CHE/G/23. IP/N/1/CHE/5 
- 6 - 
  TITLE,  
DATES OF ADOPTION AND ENTRY  
INTO EFFECT BRIEF DESCRIPTION 
  
Ordinance of the Federal Office for Agriculture 
(OFAG) on the list of vine varieties permitted for 
certification and the production of standard 
materials and the range of vine varieties, 
adopted on 17 January 2007, entered into effect 
on 1 May 2007 (Vine Varieties Ordinance; 
RS 916.151.7 – 
"http://www.admin.ch/o pc/fr/classified-
compilation/20062010/index.html ")12 List of varieties eligible for certification; list 
of varieties approved for standard production; 
range of vine varieties. 
Most recent amendments:  
Annexes 2 and 3 have been replaced. 
Adopted on 3 December 2008, entered into 
effect on 1 January 2009 (RO 2008 6151) Modification of the list of varieties permitted for 
the production of standard materials and the 
range of vine varieties. 
Annex 1 has been amended; Annex 2 has once again been replaced. 
Adopted on 6 May 2011, entered into effect on 1 June 2011 (RO 2011 2169) Modification of the list of varieties permitted for 
certification and the list of varieties permitted for 
the production of standard materials. 
  
5 Industrial designs  
  
Federal Law on the Protection of Designs, 
adopted on 5 October 2001,  entered into effect 
on 1 July 2002 (Law on Designs, LDes, 
RS 232.12 – 
"http://www.admin.ch/o pc/fr/classified-
compilation/20000457/index.html ")13  This Law replaces the Federal Law on Industrial 
Designs of 30 March 1900. 
Conditions for obtaining protection; scope 
of protection; maximum term of protection 
(25 years); 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 an 
applicant's failure to meet a deadline instead 
of reinstatement under the law in force at that 
time; regulation on the standing of the licensee. 
Most recent amendments:   
Article 18; Article 37 (repealed); Article 38 
adopted on 19 December 2008, entered into 
effect on 1 January 2011 (RO 2010 1739) Amendments made following the unification 
of civil procedure through the adoption of the 
Civil Procedure Code (RS 272 – 
"http://www.admin.ch/o pc/fr/classified-
compilation/20061121/index.html "). 
Article 18 
adopted on 20 March 2009, entered into effect on 1 July 2011 (RO 2011 2259) Introduction of requirement for a notification 
domicile in Switzerland. 
  
Ordinance on the Protection of Designs, adopted 
on 8 March 2002, entered into effect 
on 1 July 2002 (Ordinance on Designs, ODes, 
RS 232.121 – 
"http://www.admin.ch/o pc/fr/classified-
compilation/20020377/index.html ")14 This Ordinance replaces the Ordinance 
on Industrial Designs of 27 July 1900. 
Amendments resulting from the new
Law on Designs include the following: the deposit 
and registration of designs, design application file 
and register, etc. 
Most recent amendments:  
Article 9.2a and abis; Article 27.2b 
adopted on 11 May 2011, entered into effect 
on 1 July 2011 (RO 2011 2245) Introduction of requirement for a notification 
domicile in Switzerland. 
                                               
12 See document IP/N/1/CHE/G/24. 
13 See document IP/N/1/CHE/D/7. 
14 See document IP/N/1/CHE/D/8. IP/N/1/CHE/5 
- 7 - 
  TITLE,  
DATES OF ADOPTION AND ENTRY  
INTO EFFECT BRIEF DESCRIPTION 
6 Patents (including the protection of 
plant varieties)  
  
Federal Law on Patents for Inventions, adopted 
on 25 June 1954, entered into effect 
on 1 January 1956 (Law on Patents, LBI, 
RS 232.14 – 
"http://www.admin.ch/o pc/fr/classified-
compilation/19540108/index.html ")15 Existence of the right to patent, national 
and European patents, international patent 
application, acquisition and scope of rights, 
patents register, civil and criminal proceedings, 
opposition procedure for preliminary 
examinations, administrative remedies, etc. 
Most recent amendments:  
Article 8a; 8b; 9a 
adopted on 19 December 2008, entered into 
effect on 1 July 2009 (RO 2009 2615) Effects of the patent and rights conferred. 
Articles 13; 73; 76 (repealed); 77; 79 
(repealed); 80 (repealed) 
adopted on 19 December 2008, entered into force on 1 January 2011 (RO 2010 1739) Amendments made following the unification 
of civil procedure through the adoption of the 
Civil Procedure Code (RS 272 – "http://www.admin.ch/o pc/fr/classified-
compilation/19540108/index.html "). 
Article 13; heading preceding Article 48a; 48a; 
48b; 120 (repealed); 142 
adopted on 20 March 2009, entered into effect 
on 1 July 2009 (RO 2011 2259) Amendments made within the framework of the 
adoption of the Law on Patent Attorneys (LCBr). 
 
  
Law on Patent Attorneys, adopted 
on 20 March 2009, entered into force 
on 1 July 2011 (LCBr, RS 935.62 – 
"http://www.admin.ch/o pc/fr/classified-
compilation/20071761/index.html ")16 Protection of professional titles, professional 
confidentiality, Patent Attorney Register, 
criminal provisions. 
Most recent amendments:  
Article 8.3 
adopted on 15 June 2012, entered into force on 1 January 2013 (RO 2012 3655) Formal amendment following the reorganization 
of departments.  
  
Law on the Federal Patent Court, adopted 
on 20 March 2009, entered into effect partially 
on 1 March 2010, entered into full effect 
on 1 January 2012 (LTFB, RS 173.41 – 
"http://www.admin.ch/o pc/fr/classified-
compilation/20071763/index.html ")17 Establishment of a special national court with 
exclusive competence for matters regarding the 
infringement and legal validity of patents. 
The Law most notably covers aspects pertaining 
to status, organization and administration, 
jurisdiction, and applicable procedure. As a lower 
court of the Federal Supreme Court, 
the Patent Court has the expert knowledge 
needed and is able to guarantee effective legal 
protection for inventions. It is composed of judges 
with legal training and judges with technical 
training. The Patent Court commenced work 
on 1 January 2012. 
Most recent amendments:  
Article 16 (repealed) 
adopted on 17 June 2011, entered into effect on 
5 December 2011 (RO 2011 4627) Amendments made within the context of the 
modification of the Federal Assembly Law
(Parliament Law, LParl): applications for lifting immunity. 
                                               
15 See document IP/N/1/CHE/P/14. 
16 See document IP/N/1/CHE/P/15. 
17 See document IP/N/1/CHE/P/16. IP/N/1/CHE/5 
- 8 - 
  TITLE,  
DATES OF ADOPTION AND ENTRY  
INTO EFFECT BRIEF DESCRIPTION 
Article 5a 
adopted on 1 October 2010,  entered into effect 
on 1 April 2012 (RO 2012 941) Data protection when the Federal Patent Court 
uses the electronic infrastructure of the Federal Administrative Court for its administrative 
activities. 
Article 13.2 adopted on 16 March 2012, entered into effect 
on 1 December 2012 (RO 2012 5647) Increase in the maximum age for judges 
(68 years old). 
  
Ordinance on Patents for Inventions, adopted 
on 19 October 1977, entered into effect 
on 1 January 1978 (Titles 7, 8 and 9 entered 
into effect on 1 June 1978), (Ordinance 
on Patents, OBI, RS 232.141 – 
"http://www.admin.ch/o pc/fr/classified-
compilation/19770250/index.html ")18 Examination of applications for patents and issue 
of patents for inventions, right of priority, 
immunity derived from di sclosure, administrative 
remedy, patents register, applications for 
European patents and international applications, 
opposition procedure for preliminary 
examinations, etc. 
Most recent amendments:  
Article 9 (repealed); 24; 47; 48; 60; 73; 77; 94; 
104; 118; 124; 127c 
adopted on 11 May 2011, entered into force 
on 1 July 2011 (RO 2011 2247) Introduction of requirement for a notification 
domicile in Switzerland. 
Article 25.9 adopted on 7 December 2012, entered into force on 1 January 2013 (RO 2012 7193) Indication of units of measurement in accordance 
with the requirements set forth in the Ordinance on Units. 
Article 18.1, Article 118a adopted on 1 May 2013, entered into force 
on 1 January 2014 (RO 2013 1305) Rules concerning the payment of annual fees. 
  
Federal Law on the Protection of New Plant 
Varieties, adopted on 20 March 1975, entered 
into effect on 1 June 1977 (RS 232.16 – 
"http://www.admin.ch/o pc/fr/classified-
compilation/19750063/index.html ")19 Existence of rights, acquisition and scope 
of rights, proceedings and penalties under civil 
and criminal law, provisional measures, etc. 
Most recent amendments:  
Articles 3; 39 (repealed); 40 (repealed); 
42 (repealed); 43 
adopted on 19 December 2008, entered into effect on 1 January 2011 (RO 2010 1739) Amendments made following the unification 
of civil procedure through the adoption of the 
Civil Procedure Code (RS 272 – "http://www.admin.ch/o pc/fr/classified-
compilation/20061121/index.html "). 
  
Ordinance on the Protection of New Plant 
Varieties, adopted on 25 June 2008, entered into 
effect on 1 September 2008 (RS 232.161 – 
"http://www.admin.ch/o pc/fr/classified-
compilation/20080201/index.html ")20 Protection certificates (application for protection 
and examination of the variety in question), 
administrative appeal procedure, etc. 
No change.  
                                               
18 See document IP/N/1/CHE/P/17. 
19 See document IP/N/1/CHE/P/18. 
20 See document IP/N/1/CHE/P/11 (circulated on 5 May 2009). IP/N/1/CHE/5 
- 9 - 
  TITLE,  
DATES OF ADOPTION AND ENTRY  
INTO EFFECT BRIEF DESCRIPTION 
7 Layout designs (topographies) 
of integrated circuits  
  
Federal Law on the Protection of Topographies 
of Semi-Conductor Products, 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 – 
"http://www.admin.ch/o pc/fr/classified-
compilation/19920260/index.html ")21 Existence of protection rights, acquisition 
and scope of rights, term of protection, 
civil and criminal proceedings, topographies 
register, Customs measures, etc. 
No change.  
  
Ordinance on the Protection of Topographies 
of Semi-Conductor Products, adopted on 
26 April 1993, entered into effect on 1 July 1993 
(Ordinance on Topographies, OTo; RS 231.21 – 
"http://www.admin.ch/o pc/fr/classified-
compilation/19930107/index.html ")22 Registration of topographies, maintenance 
of topographies register, Customs measures. 
No change.  
  
8 Protection of undisclosed information  
  
Federal Law on Patents for Inventions, adopted 
on 25 June 1954, entered into effect 
on 1 January 1956 (LBI, RS 232.14 – 
"http://www.admin.ch/o pc/fr/classified-
compilation/19540108/index.html ") 
(See Patents)15 Article 68: safeguarding of industrial and business 
secrets. 
  
Ordinance on Patents for Inventions, adopted 
on 19 October 1977, entered into effect 
on 1 January 1978 (RS 232.141 – 
"http://www.admin.ch/o pc/fr/classified-
compilation/19770250/index.html ") 
(See Patents)18 Articles 89 and 90: safeguarding of industrial 
and business secrets in patent application files 
and the patents register. 
  
Ordinance on the Protection of Trademarks, 
adopted on 23 December 1992, entered into 
effect on 1 April 1993 (OPM; RS 232.111 – 
"http://www.admin.ch/o pc/fr/classified-
compilation/19920365/index.html ") 
(See Trademarks)6 Articles 36.3 and 37.4: safeguarding of industrial 
and business secrets in trademark application files 
and the trademarks register. 
  
Ordinance on the Protection of Topographies 
of Semi-Conductor Products, adopted on 
26 April 1993, entered into effect on 1 July 1993 
(OTo; RS 231.21 – 
"http://www.admin.ch/o pc/fr/classified-
compilation/19930107/index.html ") 
(See Topographies)22 Article 9: safeguarding of industrial and business 
secrets in topography application files and the 
topographies register. 
                                               
21 See document IP/N/1/CHE/L/4 (circulated on 5 May 2009). 
22 See document IP/N/1/CHE/L/5 (circulated on 5 May 2009). IP/N/1/CHE/5 
- 10 - 
  TITLE,  
DATES OF ADOPTION AND ENTRY  
INTO EFFECT BRIEF DESCRIPTION 
Federal Law on Unfair Competition, adopted 
on 19 December 1986, entered into effect 
on 1 March 1988 (LCD; RS 241 – 
"http://www.admin.ch/o pc/fr/classified-
compilation/19860391/index.html ")23 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 question were obtained or made accessible 
by improper means. Article 6: infringement 
of industrial or business secrets. 
NB: 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. 
Most recent amendments: unrelated to 
intellectual property.   
  
Federal Law on Medicinal Products and Medical 
Devices, adopted on 15 December 2000, entered 
into effect on 1 January 2002 (Law 
on Therapeutic Products, LPTh; RS 812.21 – 
"http://www.admin.ch/o pc/fr/classified-
compilation/20002716/index.html ")24 Article 12: appropriate protection for test results 
submitted by the first applicant (protection for up 
to 10 years).  
Most recent amendments:  
Article 14.3 (repealed) 
adopted on 19 December 2008, entered into 
effect on 1 July 2009 (RO 2009 2615) Amendment concerning simplified marketing 
authorization procedures. 
  
Ordinance of 17 October 2001 on Medicines, 
adopted on 17 October 2001, entered into effect 
on 1 January 2002 (OMéd, RS 812.212.21 – 
"http://www.admin.ch/o pc/fr/classified-
compilation/20011787/index.html ")25 Article 17: reference to Article 12 of the
Law on Therapeutic Products. 
Most recent amendments:  
Article 18 (repealed) 
adopted on 29 May 2009, entered into effect 
on 1 July 2009 (RO 2009 2643) Repeal of Article 18 following the repeal 
of Article 14.3 of the Law on Therapeutic 
Products. 
Article 9a.3 adopted on 8 September 2010, entered into effect on 1 October 2010 (RO 2010 4039) Authorization to market medicines permitted for 
use in an emergency situation or destined exclusively for export shall not be revoked upon the expiry of the periods established in 
Article 16 a.1 of the Law on Therapeutic Products. 
                                               
23 See document IP/N/1/CHE/U/4. 
24 See document IP/N/1/CHE/U/5. 
25 See document IP/N/1/CHE/U/6. IP/N/1/CHE/5 
- 11 - 
  TITLE,  
DATES OF ADOPTION AND ENTRY  
INTO EFFECT BRIEF DESCRIPTION 
Ordinance of 12 May 2010 on the Placing on the 
Market of Phytosanitary Products, adopted 
on 12 May 2010, entered into effect on 
1 July 2011 (Ordinance on Phytosanitary 
Products, OPPh; RS 916.161 – 
"http://www.admin.ch/o pc/fr/classified-
compilation/20100203/index.html ")26 Article 46: appropriate protection for test and 
study reports (protection for up to ten years). 
Article 47: protection for reports in the event 
of renewal or re-examination of authorization. 
Most recent amendments:   
Article 47.3 
adopted on 23 May 2012, entered into effect on 1 December 2012 (RO 2012 3451) Use of reports submitted in the event of renewal 
or re-examination to adapt the conditions of use of a product for which the test and study reports 
have not been provided. 
  
Ordinance on the Production and Placing on the 
Market of Feedstuffs, adopted on 
26 October 2011, entered into effect on 
1 January 2012 (Ordinance on Animal 
Feedstuffs, RS 916.307 – 
"http://www.admin.ch/o pc/fr/classified-
compilation/20092464/index.html ")27 Article 34: appropriate protection for scientific 
data and other information contained in the 
authorization request. 
Most recent amendments: unrelated to 
intellectual property   
  
9 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 on 1 February 1996) 
(Law on Cartels; LCart; RS 251 – 
"http://www.admin.ch/o pc/fr/classified-
compilation/19950278/index.html ")28 Definition of anti-competitive practices. 
-  Article 3.2: regulates the relationship between 
cartel law and intellectual property law, 
reservation regarding impediments to 
competition directly linked to intellectual 
property (see also Article 6 1 d). 
-  Article 5: unlawful anti-competitive 
agreements. 
-  Article 6: agreements reputedly justified 
on grounds of economic efficiency. 
-  Article 7: unlawful anti-competitive practices. 
Most recent amendments: unrelated to 
intellectual property.  
 
  
Federal Law on Patents for Inventions, adopted 
on 25 June 1954, entered into effect on 
1 January 1956 (Law on Patents, LBI, 
RS 232.14 – 
"http://www.admin.ch/o pc/fr/classified-
compilation/19540108/index.html ") (provisions 
introduced on 22 June 2007, in effect since 
1 July 2008 (RO 2008 2551), see Patents)15 Article 40 c: For inventions concerning a diagnostic 
product or procedure for humans, a non-exclusive 
licence shall be granted to remedy a practice held 
to be anti-competitive. 
                                               
26 See document IP/N/1/CHE/U/7. 
27 See document IP/N/1/CHE/U/8. 
28 See document IP/N/1/CHE/O/25. IP/N/1/CHE/5 
- 12 - 
  TITLE,  
DATES OF ADOPTION AND ENTRY  
INTO EFFECT BRIEF DESCRIPTION 
10 Enforcement  
  
Federal Law on Copyright and Neighbouring 
Rights, 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 – 
"http://www.admin.ch/o pc/fr/classified-
compilation/19920251/index.html ") 
(See Copyright and related rights)3 Proceedings and penalties under civil and criminal 
law. Monitoring of copyright societies. Provisional 
measures. Customs measures. 
  
Ordinance on Copyright and Neighbouring 
Rights, adopted on 26 April 1993, entered into 
effect on 1 July 1993 (Ordinance on Copyright,  
ODAu; RS 231.11 – 
"http://www.admin.ch/o pc/fr/classified-
compilation/19930114/index.html ") 
(See Copyright and related rights)4  
  
Federal Law on the Protection of Trademarks 
and Indications of Source, 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 – 
"http://www.admin.ch/o pc/fr/classified-
compilation/19920213/index.html ") 
(See Trademarks)5 Proceedings and penalties under civil and criminal 
law. Provisional measures. Customs measures. 
  
Ordinance on the Protection of Trademarks, 
adopted on 23 December 1992, entered into 
effect on 1 April 1993 (OPM; RS 232.111 – 
"http://www.admin.ch/o pc/fr/classified-
compilation/19920365/index.html ") 
(See Trademarks)6  
  
Federal Law on the Protection of Designs, 
adopted on 5 October 2001,  entered into effect 
on 1 July 2002 (Law on Designs, LDes, 
RS 232.12 – 
"http://www.admin.ch/o pc/fr/classified-
compilation/20000457/index.html ") 
(See Industrial designs)13 Proceedings and penalties under civil and criminal 
law. Provisional measures. Customs measures. 
  
Ordinance on the Protection of Designs, adopted 
on 8 March 2002, entered into effect 
on 1 July 2002 (Ordinance on Designs, ODes, 
RS 232.121 – 
"http://www.admin.ch/o pc/fr/classified-
compilation/20020377/index.html ") 
(See Industrial designs)14  IP/N/1/CHE/5 
- 13 - 
  TITLE,  
DATES OF ADOPTION AND ENTRY  
INTO EFFECT BRIEF DESCRIPTION 
Federal Law on Patents for Inventions, 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 – 
"http://www.admin.ch/o pc/fr/classified-
compilation/19540108/index.html ") 
(See Patents)15 Proceedings and penalties under civil and criminal 
law. Provisional measures. Customs measures. 
  
Federal Law on the Protection of Topographies 
of Semi-Conductor Products, 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 – 
"http://www.admin.ch/o pc/fr/classified-
compilation/19920260/index.html ") 
(See Topographies)21 Proceedings and penalties under civil and criminal 
law. Provisional measures. Customs measures. 
  
Ordinance on the Protection of Topographies of 
Semi-Conductor Products, adopted on 
26 April 1993, entered into effect on 1 July 1993 
(Ordinance on Topographies, OTo; RS 231.21 – 
"http://www.admin.ch/o pc/fr/classified-
compilation/19930107/index.html ") 
(See Topographies)22  
  
Federal Law on Unfair Competition, adopted on 
19 December 1986, entered into effect on 
1 March 1988 (LCD; RS 241 – 
"http://www.admin.ch/o pc/fr/classified-
compilation/19860391/index.html ") 
(See Protection of undisclosed information)23 Proceedings and penalties under civil and criminal 
law. 
  
Ordinance on the Right of the Confederation to 
Institute Proceedings in the Context of the Law 
on Unfair Competition, adopted on 
12 October 2011, entered into effect on 
1 April 2012 (RS 241.3 – 
"http://www.admin.ch/o pc/fr/classified-
compilation/20111398/index.html ")29 This Ordinance replaces the Ordinance 
of 17 February 1993. 
The State Secretariat for Economic Affairs (SECO) 
represents the Swiss Confederation in civil and 
criminal proceedings pursuant to Article 10.3 
of the Law on Unfair Competition (LCD). 
No change.  
 
__________ 
                                               
29 See document IP/N/1/CHE/E/1 (circulated on 8 May 1996).