WORLD TRADE  
ORGANIZATION  IP/N/1/CHE/4 
5 May 2009 
 
 (09-2189) 
Council for Trade-Related Aspects of 
Intellectual Property Rights Original:   French 
 
 
 
NOTIFICATION OF LAWS AND REGULATIONS  
UNDER ARTICLE 63.2 OF THE AGREEMENT 
 
SWITZERLAND 
 
  The following communication, dated 19 February 2009, is being circulated at the request of 
the delegation of Switzerland.  
_______________ 
 
  I forward herewith a document containing the not ifications that Switzerland is required to 
provide under Article 63.2 of the TRIPS Agreement.  It covers th e period 2004 to September 2008. 
 
 IP/N/1/CHE/4 
Page 2  
 
  LIST A 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE TRIPS AGREEMENT 
 
TITLE 
DATES OF ADOPTION AND 
ENTRY INTO EFFECT BRIEF DESCRIPTION 
Horizontal laws concerning the Federal Institute 
for Intellectual Property   
Federal Law on the Statute and Tasks of the Federal 
Institute for Intellectual Property :1  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
, 
RO 1995 5050) 
  
Most recent amendments: 
 Articles 2, 4, 12 and 13:  adopted on 17 June 2005, 
entered into effect on 1 January 2006 
(RO 2005 5427)  
 Amendments (drafting amendments in respect 
of Articles 2.2, 4.3 and 12) as a result of the 
repeal of Article 15.  The Federal Institute for Intellectual Property (IPI) is authorized to use fee revenue to finance its political services and to declare insufficient cost coverage for certain 
areas of protection (Article 13.2). 
 
Repeal of Article 15:  adopted on 17 June 2005, entered into effect on 1 January 2006 (RO 2005 5427) The termination of payments by the Swiss 
Confederation to the IPI for services provided in favour of the general economy requires the repeal of this provision. 
 Amendment to the heading preceding Article 18; Article 19;  and repeal of Article 18:  adopted on 20 March 2008, entered into effect on 1 August 2008 (RO 2008 3437) 
  
Repeal of now obsolete individual provisions in the framework of the fo rmal updating of Federal 
legislation. 
Regulation on the Fees Charged by the Federal 
Institute for Intellectual Property2 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 inte llectual property rights 
(trademarks, designs, pa tents, topographies and 
miscellaneous admi nistrative fees). 
Scale of fees. 
                                                      
1 See document IP/N/1/CHE/O/16. 
2 See document IP/N/1/CHE/O/17.  IP/N/1/CHE/4 
 Page 3 
 
 
  TITLE 
DATES OF ADOPTION AND 
ENTRY INTO EFFECT BRIEF DESCRIPTION 
 
Most recent amendments:  Editorial amendment (Articles 2 and 3);  and 
Article 2 and Annex:  adopted on 11 March 2005, 
entered into effect on 1 July 2005 (RO 2005 2323)  
  - Editorial amendment (Articles 2 and 3):  
drafting amendment following the entry into 
effect of the new Law on Designs; 
- clarification of the legal basis allowing the 
Institute to charge fees for the provision of certain services, to expressly reintroduce 
into the Regulation on the Fees Charged by 
the Federal Institute for Intellectual Property three types of fee for specific services related to trademarks, and to relax the procedures for the collection of a surcharge 
in urgent cases; 
- reduction in patent annuities. 
 Articles 5 to 7 and 8 a;  repeal of Article 8;  and 
Annex:  adopted on 30 August 2006, entered into effect on 1 January 2007 (RO 2006 4487) 
 
Annex:  entered into  effect on 1 May 2007 
  
Amendments in favour of users: - Elimination of around 70 fees; 
- reduction of 11 other fees. 
 
Further reduction of the fee for trademark applications made using the e-trademark system.  
Article 9 and Annex:  adopted on 22 August 2007, entered into effect on 1 January 2008 (RO 2007 4477)  Repeal of research and screening fees. 
 
Article 2.3;  repeal of Ar ticle 6.4;  and Article 7.1 
and Annex:  adopted on 20 November 2007, 
approved by the Federal Council on 14 March 2008, 
entered into effect on 1 July 2008 (RO 2008 1897)  Adjustment of fees to the rise in the Swiss 
consumer price index;  repeal of the possibility 
of paying by cheque;  write-off by the Institute 
of small outsta nding amounts. 
Annex:  amendment adopted on 20 November 2007, 
approved by the Federal Council on 21 May 2008, 
entered into effect on 1 July 2008 (RO 2008 2623) 
 Further reduction of trademark and patent fees. 
Article 13.1 of the LIPI:  amendment adopted on 
20 November 2007, approved by the Federal Council on 21 May 2008, entered into effect on 1 July 2008 (RO 2008 2431) 
 Introduction of a fee for decisions relating to the 
monitoring of copyright societies. 
  IP/N/1/CHE/4 
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TITLE 
DATES OF ADOPTION AND  
ENTRY INTO EFFECT 
  
 
BRIEF DESCRIPTION 
 Protection of new plant varieties   
 
Federal Law on the Protection of New Plant 
Varieties :3,4 adopted on 20 March 1975, entered into 
effect on 1 June 1977 ( RS 232.16 , RO 1977 862) Existence of rights, ac quisition and scope of 
rights, proceedings and penalties under civil and 
criminal law, provisi onal measures, etc. 
 
Most recent amendments:   
Repeal of Article 25:  adopted on 17 June 2005, 
entered into effect on 1 January 2007 
(RO 2006 3897) Adjustment following the complete overhaul of 
the regulations governing organization and 
procedure before the Federal Court, its previous bodies and appeals before the Supreme Court.  
Repeal of Article 42:  adopted on 20 March 2008, entered into effect on 1 August 2008 
(RO 2008 3437) 
 Repeal of now obsolete individual provisions in 
the framework of the fo rmal updating of Federal 
legislation.  
Heading preceding Article 1;  Articles 1 and 2; 
heading preceding Article 5;  Article 5 to 8 and 8 a; 
heading preceding Article 8 b;  Articles 8 b, 9 and 
11;  heading preceding Article 12;  Articles 12, 13, 
13a, 13b, 14 to 17, 21, 22, 22 a, 22b, 23 and 24; 
heading preceding Article 26;  Articles 29, 30 and 31a;  heading preceding Article 37;  Articles 37, 
43, 48 and 53;  repeal of heading preceding Article 43;  and Articles 44 to 46 and 55:  adopted 
on 5 October 2007, entered into effect on 
1 September 2008 (RO 2008 3897) 
 Amendment pursuant to the Federal Order 
approving the Revised International Convention for the Protection of New Varieties of Plants 
(UPOV 91) and the amendments to the Law on 
the Protection of New Plant Varieties and the Law on Patents for Inventions.  
Ordinance on the Protection of New Plant 
Varieties :5 adopted on 25 June 2008, entered into 
effect on 1 September 2008 ( RS 232.161 , 
RO 2008 3595)  Complete overhaul of the Ordinance following 
the revision of the Law on the Protection of 
New Plant Varieties under the above-mentioned 
Federal Order (Federal Order approving the Revised International Convention for the Protection of New Varieties of Plants and the amendments to the Law on the Protection of New Plant Varieties and the Law on Patents for 
Inventions). 
 
 
                                                      
3 A copy of this Law has been submitted to  the Secretariat (as at 3 October 2000). 
4 See document IP/N/1/CHE/P/10. 
5 See document IP/N/1/CHE/P/11.  IP/N/1/CHE/4 
 Page 5 
 
 
   
TITLE 
DATES OF ADOPTION AND 
ENTRY INTO EFFECT 
  
 
BRIEF DESCRIPTION 
 Copyright and related rights   
Federal Law on Copyright and Neighbouring 
Rights :6 adopted on 9 October 1992, entered into 
effect on 1 July 1993 (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 
neighbouring rights, term of protection, 
copyright societies (rates and supervision), civil and criminal proceedi ngs, Customs measures, 
etc.  
Most recent amendments:   
Heading preceding Articl e 74, and Article 74:  
adopted on 17 June 2006, entered into effect on 1 January 2007 (RO 2006 2197) Adjustment following the complete overhaul of 
the regulations governing organization and procedure before the Federal Court, its previous bodies and appeals before the Supreme Court:  
incorporation of the Federal Appeals 
Committee for intellectual property issues into the Federal Administrative Court.  
Heading, and Articles 19, 20, 22 a to 22 c, 24, 24 a 
to 24 c, 34, 40 and 52:  adopted on 5 October 2007, 
entered into effect on 1 July 2008 (RO 2008 2421)  Partial revision aimed at tailoring the protection 
of copyright and neighbouring rights to modern 
information technology.  
Articles 10, 33, 33 a, 36, 37 and 39;  heading 
preceding Article 39 a; and Articles 39 a to 39 c, 62, 
67, 69 and 69 a:  adopted on 5 October 2007, 
entered into effect on 1 July 2008 (RO 2008 2497) 
 Amendments pursuant to the Federal Order 
approving two treaties of the World Intellectual Property Organization and the revised Law on 
Copyright, aimed in particular at amending the 
existing law with a view to ratifying the new WIPO treaties (WIPO Copyright Treaty, WCT, and WIPO Performances and Phonograms Treaty, WPPT). 
 
Articles 62, 63, 65, 66 a, 67 to 70, 72, 75 to 77, 77 a 
to 77 h and 81 a:  adopted on 22 June 2007, entered 
into effect on 1 July 2008 (RO 2008 2551)  Amendments adopted in the framework of the 
review of the Law on Patents (national measures aimed at combating piracy in the field of intellectual property, in particular 
intervention by the Customs Administration). 
 
Ordinance on Copyright and Neighbouring Rights :7 
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 the 
management of copyright and neighbouring rights, Customs measur es, supervision of 
copyright societies, etc. 
                                                      
6 See document IP/N/1/CHE/C/5. 
7 See document IP/N/1/CHE/C/6. IP/N/1/CHE/4 
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TITLE 
DATES OF ADOPTION AND 
ENTRY INTO EFFECT 
  
 
BRIEF DESCRIPTION 
 Most recent amendments:   
Article 18:  adopted on 1 November 2006, entered 
into effect on 1 May 2007 (RO 2007 1469) 
 Adjustment pursuant to the amendment to the 
Customs Ordinance (RS 631.01):  functions of 
the Customs Administration. 
 
Preamble;  Articles 2, 4 and 5;  heading preceding Article 16 a;  Article 16 a to 16 d;  heading preceding 
Article 16 e;  Article 16 e to 16;  and repeal of 
Articles 17 a and 21 a to 21 f:  adopted on 
21 May 2008, entered into effect on 1 July 2008 (RO 2008 2427)  Adjustment required following the partial 
revision of the Law on Copyright (see above).  
Articles 18 to 20, 20 a to 20 c and 21:  adopted on 
21 May 2008, entered into effect on 1 July 2008 
(RO 2008 2541) 
 Adjustment pursuant to amendments to the Law 
on Copyright in the framework of the review of 
the Law on Patents (national measures aimed at 
combating piracy in the field of intellectual property, in particular intervention by the Customs Administration, see above).  
Trademarks (and service marks)   
Federal Law on the Protection of Trademarks and 
Indications of Source :8 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, Customs measures, etc. 
 Most recent amendments:   
Heading preceding Articl e 37, and Article 40:  
adopted on 19 December 2003,  entered into effect 
on 1 January 2005 (RO 2004 5085) Adjustments following the entry into effect of 
the Federal Law on Electronic Signature Certification Services (Law on Electronic Signatures, SCSE, RS 43. 03) on 1 January 2005:  
the Law on the Protection of Trademarks has 
been supplemented to ensure that electronic 
communication with the Federal Intellectual Property Institute and el ectronic management of 
protected rights have a formal legal basis.  
 
                                                      
8 See document IP/N/1/CHE/T/3 – IP/N/1/CHE/G/11.  IP/N/1/CHE/4 
 Page 7 
 
 
   
TITLE 
DATES OF ADOPTION AND  
ENTRY INTO EFFECT 
  
 
BRIEF DESCRIPTION 
 Heading preceding Article 36 (repealed);  Article 36 (repealed);  and Article 41:  adopted on 17 June 2006, entered into effect on 1 January 2007 (RO 2006 2197)  
Adjustment following the complete overhaul of the regulations governing organization and procedure before the Federal Court, its previous bodies and appeals before the Supreme Court:  
incorporation of the Federal Appeals 
Committee for intellectual property issues into the Federal Administrative Court.  
Articles 13, 41, 53 to 55, 57, 59, 61 to 65, 65 a, 68, 
70 to 72, 72 a to 72 h and 78 a:  adopted on 
22 June 2007, entered into effect on 1 July 2008 (RO 2008 2551)  Amendments adopted in the framework of the 
review of the Law on Patents (national 
measures aimed at combating piracy in the field of intellectual property, in particular intervention by the Customs Administration).  
Repeal of Articles 20, 42 and 78:  adopted on 
20 March 2008, entered into effect on 
1 August 2008 (RO 2008 3437) Repeal of now obsolete individual provisions in 
the framework of the fo rmal updating of Federal 
legislation. 
  
Ordinance on the Protection of Trademarks :9 
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. 
 
Most recent amendments:   
 
Articles 10, 35, 36, 39, 40 a (repealed), 43, 49 and 
50:  adopted on 3 December 2004, entered into 
effect on 1 January 2005 (RO 2004 5019) 
 Amendments following the adoption of the 
Federal Law on Electronic Signature 
Certification (SCSE;  FF 2003 7493) and the 
identical provisions on electronic communication with the Federal Intellectual Property Institute introduced in the Law on Topographies (Article 16a LTo), the Law on the 
Protection of Trademarks (Article 40 LPM), the 
Law on Designs (Article 26a LDes) and the Law on Patents for Inventions (Article 65a LBI).  The related Ordinances, namely the Ordinance on Topographies (OTo), the Ordinance on the Protection of Trademarks 
(OPM), the Ordinance on Designs (ODes) and 
the Ordinance on Patents for Inventions (OBI), have been amended accordingly.  
 
                                                      
9 See document IP/N/1/CHE/T/4 – IP/N/1/CHE/G/12. IP/N/1/CHE/4 
Page 8  
 
   
TITLE 
DATES OF ADOPTION AND  
ENTRY INTO EFFECT 
  
 
BRIEF DESCRIPTION 
 Article 38.1 and 38.2:  adopted on 24 May 2006, entered into effect on 1 July 2006 (RO 2006 2331)  
Amendment following the adoption of the Ordinance on Transparency in Administration (OTrans, RS 152.31):  establishment of the conditions in which the In stitute is required to 
furnish third parties with information on 
registration applications.  
Articles 14 a, 18, 25 and 33 (repealed), 
34 (repealed), 36 to 38, 41, 41 a and 60 a:  adopted 
on 18 October 2006, entered into effect on 
1 January 2007 Pursuant to the amendment to the Regulation on 
the Fees Charged by the Federal Institute for 
Intellectual Property of 30 August 2006 
(amendments in favour of users, see "Regulation on the Fees Charged by the Federal Institute for Intellectual Property" above):  on 18 October 2006, the Federal Council adopted the necessary ordinance amendments and 
approved the revision of the Regulation on the 
Fees Charged by the Federal Institute for Intellectual Property.  
Article 54:  adopted on 1 November 2004, entered 
into effect on 1 May 2007 (RO 2007 1469) Adjustment pursuant to the amendment to the 
Customs Ordinance (RS 631.01):  functions of 
the Customs Administration.  
Articles 24, 26, 27 and 35, and repeal of Article 60 a:  adopted on 14 March 2008, entered 
into effect on 1 July 2008 (RO 2008 1893) 
 Amendments concerning fees. 
Articles 54 to 56, 56 a to 56 c and 57:  adopted on 
21 May 2008, entered into effect on 1 July 2008 (RO 2008 2547)  Adjustment pursuant to amendments to the Law 
on the Protection of Trademarks in the framework of the review of the Law on Patents (national measures aimed at combating piracy 
in the field of intellectual property, in particular 
intervention by the Customs Administration, see above). 
Geographical indications (GIs)   
Federal Law on the Protec tion of Trademarks and 
Indications of Source :10 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. 
No changes as regards GIs.   
                                                      
10 See document IP/N/1/CHE/G/11– IP/N/1/CHE/T/3.  IP/N/1/CHE/4 
 Page 9 
 
 
   
 
 
TITLE 
DATES OF ADOPTION AND  
ENTRY INTO EFFECT 
  
 
BRIEF DESCRIPTION 
  
Ordinance on the Protection of Trademarks :11 
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. 
No changes as regards GIs.   
Ordinance on the Use of the Designation "Swiss" 
for Watches :12 adopted on 23 December 1971, 
entered into effect on 1 January 1972 (RS 232.119
, RO 1971 1915) 
 "Swiss made" watches, dials, movements, etc. 
No changes as regards GIs. 
  
Federal Law on Agriculture :13 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 to 16 (agr icultural 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). 
 -  Article 166 (proceedings):  administrative 
appeal procedure against decisions. 
 
-  Article 172:  criminal penalties for 
infringements of Articles 16 or 63. 
 
                                                      
11 See document IP/N/1/CHE/G/12 – IP/N/1/CHE/T/4. 
12 See document IP/N/1/CHE/G/13. 
13 See document IP/N/1/CHE/G/14. IP/N/1/CHE/4 
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TITLE 
DATES OF ADOPTION AND  
ENTRY INTO EFFECT 
  
 
BRIEF DESCRIPTION 
Most recent amendments in respect of GIs:   
Article 16 b, 26 (repealed), 37 (repealed), 
44 (repealed), 57 (repealed), 63 and 64, 65 (repealed), 67 to 69 (repealed) and 172:  adopted 
on 22 June 2007, entered into effect on 
1 January 2008 (RO 2007 6095) Article 16 b:  support for industry groups as 
regards the safeguarding of protected appellations of origin; Article 63 and 64:  harmonization of 
wine classifications with food legislation;  
Article 172: introduction of a fine for infringements which are not subject to penalties involving a reduction in contributions or the exclusion of a right. 
  
Ordinance on the Protection of Appellations of 
Origin and Geographical I ndications in Respect of 
Agricultural Products a nd Processed Agricultural 
Products :14 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)  This Ordinance specifies the types of appellation 
which may be registered, the protection afforded to them, registration pr ocedures 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 in respect of GIs:  
Articles 1 to 4, 4 b, 5 to 7, 8 a, 12, 16, 16 a, 17, 17 a 
and 19 to 23:  adopted on 14 November 2007, entered into effect on 1 January 2008 (RO 2007 6109) There are two reasons for these amendments: 
- Since the entry into effect of the Ordinance, 
a number of difficulties and shortcomings concerning its implementation have become apparent when registration applications are 
processed or changes made to 
specifications; 
- the express inclusion in the Ordinance of a 
 registration procedure for foreign appellations of origin. 
Ordinance of the Federal Department of the 
Economy (DFE) on the Minimum Control 
Requirements for Protected Appellations of Origin 
and Protected Geogr aphical Indications :15 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. 
                                                      
14 See document IP/N/1/CHE/G/15. 
15 See document IP/N/1/CHE/G/16.  IP/N/1/CHE/4 
 Page 11 
 
 
   
TITLE 
DATES OF ADOPTION AND  
ENTRY INTO EFFECT 
  
 
BRIEF DESCRIPTION 
Most recent amendments:   
Articles 2 and 5:  adopted on 16 November 2007, 
entered into effect on 1 January 2008 (RO 2007 6115) Clarification in cases where the production of a 
number of operators is placed on the market by one enterprise (testing of the end product to be 
carried out on a sample from a consignment of 
each operator). Drafting amendment (Article 5.2). Repeal of Article 5.3:  the obligation to test end PAO products is already established in 
Article 2.3. 
 
Ordinance on Viticulture and the Importation of 
Wine :16 adopted on 14 November 2007, entered 
into effect on 1 January 1999 (Ordinance on Wine;  RS 916.140
, RO 2007 6267) 
 
 Amendment required following the redrafting 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). 
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 :17 
adopted on 17 January 2007, entered into effect 
on 1 May 2007 (Vine Varieties Ordinance;  
RS  16.151.7, RO 2007 395)  List of varieties eligible for certification;  list of 
varieties approved for standard production;  range of vine varieties.   
Industrial designs  
Federal Law on the Protection of Designs :18 
adopted on 5 October 2001, en tered into effect on 
1 July 2002 (Law on Designs, LDes, RS 232.12 , 
RO 2002 1456)   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 an applicant's fa ilure to meet a deadline 
instead of reinstatement under the law in force at 
that time;  regulation on the standing of the licensee. 
                                                      
16 See document IP/N/1/CHE/G/17. 
17 See document IP/N/1/CHE/G/18. 
18 See document IP/N/1/CHE/D/5. IP/N/1/CHE/4 
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TITLE 
DATES OF ADOPTION AND  
ENTRY INTO EFFECT 
  
 
BRIEF DESCRIPTION 
 Most recent amendments:   
Heading preceding Article 24, and Article 26 a: 
adopted on 19 December 2003, entered into effect 
on 1 January 2005 (RO 2004 5085) Amendments following the adoption of the 
Federal Law on Electronic Signature 
Certification (SCSE;  FF 2003 7493) and the identical provisions on electronic communication with the Federal Intellectual Property Institute introduced in the Law on 
Topographies (Article 16a LTo), the Law on the 
Protection of Trademarks (Article 40 LPM), the Law on Designs (Article 26a LDes) and the Law on Patents for Inventions (Article 65a LBI).  The related Ordinances, namely the Ordinance on Topographies (OTo), the 
Ordinance on the Protection of Trademarks 
(OPM), the Ordinance on Designs (ODes) and the Ordinance on Patents for Inventions (OBI), have been amended accordingly.  
Heading preceding Article 32, and Article 32 (repealed):  adopted on 17 June 2005, entered into effect on 1 January 2007 (RO 2006 2197)  Repealed following the complete overhaul of 
the regulations governing organization and procedure before the Federal Court.  
Articles 9, 31, 40, 41, 41 a, 46 to 48, 48 a to 48 g 
and 49:  adopted on 22 June 2007, entered into 
effect on 1 July 2008 (RO 2008 2551) 
 Amendments adopted in the framework of the 
review of the Law on Patents (national 
measures aimed at combating piracy in the field 
of intellectual property, in particular intervention by the Customs Administration). 
  
Ordinance on the Protection of Designs :19 adopted 
on 8 March 2002, entered into effect on 
1 July 2002 (Ordinance on Designs, ODes, RS 32.121
, RO 2002 1122) The new Ordinance on De signs 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. 
 
                                                      
19 See document IP/N/1/CHE/D/6.  IP/N/1/CHE/4 
 Page 13 
 
 
   
 
TITLE 
DATES OF ADOPTION AND  
ENTRY INTO EFFECT 
  
 
BRIEF DESCRIPTION 
 Most recent amendments:   
Articles 6, 7, 22, 24, 25, 32, 34 and 36:  adopted on 
3 December 2004, ente red into effect on 
1 January 2005 (RO 2004 5023) Amendments following the adoption of the 
Federal Law on Electronic Signature 
Certification (SCSE;   FF 2003 7493) and the identical provisions on electronic communication with the Federal Intellectual Property Institute introduced in the Law on 
Topographies (Article 16a LTo), the Law on the 
Protection of Trademarks (Article 40 LPM), the Law on Designs (Article 26a LDes) and the Law on Patents for Inventions (Article 65a LBI).  The related Ordinances, namely the Ordinance on Topographies (OTo), the 
Ordinance on the Protection of Trademarks 
(OPM), the Ordinance on Designs (ODes) and the Ordinance on Patents for Inventions (OBI), have been amended accordingly.  
Articles 12, 17, 19, 20, 22 to 24, 26, 32, 33 (repealed) and 43 a:  adopted on 18 October 2006, 
entered into effect on 1 January 2007 (RO 2006 4481) Amendments in respect of fees and further 
information on Institute practice.  
 Article 37:  adopted on 1 November 2006, entered 
into effect on 1 May 2007 (RO 2007 1469)  
Adjustment pursuant to the amendment to the 
Customs Ordinance (RS 631.01):  functions of 
the Customs Administration.  
Repeal of Article 43 a:  adopted on 14 March 2008, 
entered into effect on 1 July 2008 (RO 2008 1895) 
 Repeal of a now obsolete individual provision. 
Articles 37 to 39, 39 a to 39 c and 40:  adopted on 
21 May 2008, entered into effect on 1 July 2008 (RO 2008 2549)  Adjustment pursuant to amendments to the Law 
on Designs in the framework of the review of the Law on Patents (national measures aimed at combating piracy in the field of intellectual property, in particular intervention by the 
Customs Administration, see above). 
 IP/N/1/CHE/4 
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TITLE 
DATES OF ADOPTION AND  
ENTRY INTO EFFECT 
  
 
BRIEF DESCRIPTION 
 
Patents 
N.B.:  In respect of patents, Switzerland and 
Liechtenstein constitute a single territory .  
  
Federal Law on Patents for Inventions :20 adopted on 
25 June 1954, entered into effect on 1 January 1956 (Law on Patents, LBI, RS 232.14
, RO 1955 893) 
 
 Existence of the right to patent, national and 
European patents, international patent application, acquisition and scope of rights, 
patents register, civil a nd criminal proceedings, 
opposition procedure for preliminary 
examinations, administrative remedies, etc. 
 Most recent amendments:  
 
Heading preceding Arti cle 60, and Article 65 a:  
adopted on 11 December 2003,  entered into effect 
on 1 January 2005 ( RO 2004 5085 ) 
   
Amendments following the adoption of the 
Federal Law on Electronic Signature 
Certification (SCSE;  FF 2003 7493) and the identical provisions on electronic communication with the Federal Intellectual Property Institute introduced in the Law on 
Topographies (Article 16a LTo), the Law on the 
Protection of Trademarks (Article 40 LPM), the Law on Designs (Article 26a LDes) and the Law on Patents for Inventions (Article 65a LBI).  The related Ordinances, namely the Ordinance on Topographies (OTo), the 
Ordinance on the Protection of Trademarks 
(OPM), the Ordinance on Designs (ODes) and the Ordinance on Patents for Inventions (OBI), have been amended accordingly.  
Article 2:  adopted on 19 December 2003, entered into effect on 1 March 2005 ( RO 2005 947
) 
 Amendment within the context of the 
modification of the Federal Law on Research Involving Embryonic Stem Cells (Stem Cell Research Law, LRCS).  
Articles 46 a, 59c (repealed), 76, 87, 106, 106 a and 
141:  adopted on 17 June 2005, entered into effect 
on 1 January 2007 (RO 2006 2197). Repealed following the complete overhaul of 
the regulations governing organization and 
procedure before the Federal Court.  
 
                                                      
20 See document IP/N/1/CHE/P/12.  IP/N/1/CHE/4 
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Articles 1, 7 c, 7d, 17, 24, 28 a and 46 a, heading 
preceding Article 110, and Articles 110, 110 a, 113, 
121, 127 and 128:  adopted by Federal Order of 16 December 2005;  legislative amendment entered 
into effect on 13 December 2007 (RO 2007 6479;  
FF 2005 3569). Amendments required following the approval 
of two instruments concerning the European patent system and constituting the first part  of 
the general revision of the Law on Patents: 
 
- Act of 29 November 2000 revising the 
Convention on the Grant of European Patents of 5 October 1973 (Act revising the EPC);  and 
- Agreement of 17 October 2000 on the 
Application of Article 65 of the Convention on the Grant of European Patents (EPC Language Agreement). 
 These two instruments update the European 
patent system while leaving its foundations 
intact.  They establish the conditions that will allow the system to meet current and future demands and expectations.  Both instruments were negotiated in 2000 and signed by 
Switzerland that same year. 
 
Articles 112 to 116 and 148:  adopted on 16 December 2005, entered into effect on 1 May 2008 ( RO 2008 1739
) 
 
 
Articles 112 to 116 Article 148 Amendments implementing the Agreement on 
the Application of Article 65 of the Convention on the Grant of European Patents (EPC Language Agreement;  RS 0.232.142.202). 
 
- Repealed. - Transitional provision concerning the 
amendment of 16 December 2005 of the Law on Patents. 
 
Articles 1 a, 1b, 2, 5, 7, 7 a, 7c, 7d, 8, 8 a to 8c, 9, 
9a, 26, 28, 29, 40 b to 40 e, 49, 49 a, 50, 50 a, 58a, 
59, 59 b, 59c, 59d, 60, 61, 62, 63, 63 a, 65, 66, 70, 
70a, 71 to 73, 75, 77, 81, 81 a, 82, 86;  heading 
preceding Article 86 a; Articles 86 a to 86 k, 87 to 
90, 96 to 101, 104 to 106 a, 121, 138, 139, 140 h, 
142, 143, 144 and 145:  adopted on 22 June 2007, entered into effect on 1 July 2008 ( RO 2008 2551
) 
 Amendments introduced under the second part  
of the general revision of the Law on Patents (relating, in particular, to biotechnological inventions and the approval of the Patent Law Treaty (PLT)). 
 IP/N/1/CHE/4 
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Details of amendments under the second part of  the general revision of the Law on Patents 
(biotechnological inventions and PLT), by group of provisions: 
 
 
 
 Articles 1 a, 1b and 2 
 Article 8.1, 8 a, 8b and 8 c 
Article 9 and 9 a(3) 
Article 40 b and 40 c 
 Articles 49.2(b), 49 a, 50a, 81a and 138 
Articles 5.2, 58 a, 59.5 and 59.6, 59 b, 59c, 61, 62, 
65 and 73.3 Amendments concerning biotechnological 
inventions 
 
- Notion of invention and exclusions from 
patentability. 
- Effects of the patent. 
- Exemptions from the effects of the patent 
- Legal restrictions on patent rights. - Patent application requirements. - Amendments concerning the Swiss patent 
procedure.  
   Article 13.1, Article 46 a(2) 
Article 56 
Articles 57.2 and 58 Amendments to harmonize the Law 
on Patents with the Patent 
Law Treaty (PLT) 
 
- Appointment of a representative. - Continued processing. 
- Filing date. - Modification of technical documents.  
  
Article 8 
Articles 60.3 and 70 a 
Article 66(b) Article 81.3  
Article 86 a 
Article 86 b 
Article 86 c 
Article 86 d 
Article 86 f to 86 j 
Article 86 k 
 Measures to combat counterfeiting 
and piracy 
 - Scope of exclusivity right:  extended to 
transit 
- Communication of judgments - Right to information 
- Penal provisions 
- Intervention of the Customs Administration  ▪ Denunciation of illicit goods 
 ▪ Request for intervention 
 ▪ Detention of goods 
 ▪ Sampling 
 ▪ Simplified destruction procedure 
 ▪ Declaration of responsibility and 
damages in the case of unjustified customs measures 
  IP/N/1/CHE/4 
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Article 40 d 
   
 
     
 
    
Article 40 e(5), second sentence 
 Transposition of the decision adopted on 
30 August 2003 by the WTO General 
Council on compulsory licensing for 
pharmaceutical products
21 
 
- Article 40 d ("compulsory licensing for the 
export of pharmaceutical products") provides for the possibility of producing in Switzerland, under compulsory licence, 
patented pharmaceutical products for export 
to a developing country when conditions are such as established by the WTO decision of 
30 August 2003 (paragraph 1) 
- Beneficiary countries (paragraph 2) - Amount that can be produced under the 
licence (paragraph 3) 
- Identification requirement (paragraph 4) - The Federal Council is mandated to 
establish the conditions for granting the licence (paragraph 5) 
- Remuneration 
 
 
 
Articles 7.3, 7 a to 7d, 121.1(c) and 121.2 
Articles 109, 111, 127 and 129 
Article 138 
Articles 75, 77.5 and 145.2 Articles 59 d, 61.2, 63 a, 72.2, 73.4, 87 to 106 a and 
139  Other 
 
- Prior right 
- Private international law 
- Harmonization with the PCT 
- Entitlement to act of exclusive licence 
holder 
- Repeal of provisions on preliminary 
examinations  
 
                                                      
21 See document WT/L/540 of 1 September 2003 , document IP/C/41 of 6 December 2005, and 
document WT/L/641 of 8 December 2005. IP/N/1/CHE/4 
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Ordinance on Patents for Inventions :22 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
, RO 1977 2027) Examination of applications for patents and issue 
of patents for inventio ns, right of priority, 
immunity derived from disclosure, 
administrative remedy , patents register, 
applications for European patents and 
international applications, opposition procedure for preliminary examinations, etc. 
 
Most recent amendments: 
  
Articles 3, 4, 12, 15, 18 c, 19 (repealed), 19 a 
(repealed), 24, 25, 34, 43, 51, 62, 62 a, 63, 70, 89, 
90, 92, 93, 96, 108 and 127 c:  adopted on 
3 December 2004, entered into effect on 1 January 2005 ( RO 2004 5025
) 
 Drafting changes, updating of the 
three language versions. 
Articles 8 a, 21, 37, 43 a, 52, 90, 91, 95, 105 to 107, 
122, 122 a, 122 b, 125, 125 c and 127 b:  adopted on 
18 October 2006, entered into effect on 1 January 2007 ( RO 2006 4483
) 
 Amendments required following the 
modification of the Regulation on fees (IPI-RT;  RS 232.148
, see above) and the revision of the 
Patent Cooperation Treaty (PCT;  RS 
0.232.141.1 ). 
Article 117:  adopted on 17 October 2007, entered 
into effect on 13 December 2007 ( RO 2007 6085 ) 
 Amendment required following the redrafting 
of the Implementing Regulations to the Convention on the Grant of European Patents (EPC;  RS 0.232.142.21
). 
Article 117:  adopted on 14 March 2008, entered 
into effect on 1 May 2008 ( RO 2008 1659 ) Amendments implementing the Agreement on 
the Application of Article 65 of the Convention 
on the Grant of European Patents (Language Agreement;  RS 0.232.142.202
). 
 
                                                      
22 See document IP/N/1/CHE/P/13.  IP/N/1/CHE/4 
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Editorial amendments;  preamble;  Articles 1, 4, 4b, 8 to 11, 14, 16, 17 a, 18 and 20;  heading 
preceding Article 21;  Articles 21, 22, 24, 26 to 28, 30, 31a, 32, 34, 37 to 39, 39 a, 40, 43 and 43 a;  
heading preceding Article 45 a; Article 45 a;  
heading preceding Article 45 b;   Article 45 b to 45 j;  
heading preceding Article 46;   Articles 46, 46 a to 
46e, 47, 48, 48 a to 48 d, and 49 to 52;   heading 
preceding Article 53;  Articles 53, 53 a, 54, 54 a, 
and 55 to 58;  heading preceding Article 59;  
Article 59 and 59 a to 59 c;  heading preceding 
Article 60;  Articles 60, 60 a to 60 c, 61a, 62, 62 a, 
63 to 67 and 69;  heading preceding Article 70;  Article 72;  heading preceding Article 73;  Articles 73 to 88;  heading preceding Article 89;  Articles 
90, 92, 94, 97, 98 a, 101 and 104 to 106;  heading 
preceding Article 108;  Article 109; heading preceding Article 111;  Article 111 and 111 a to 
111c;  heading preceding Article 112;   Articles 
112, 112 a to 112 f, 118, 122, 123, 124, 125 a, 126, 
127, 127 b and 127l;  and transitional provision:  
adopted 21 May 2008, entered into effect 1 July 2008 ( RO 2008 2585
) 
 Revision required mainly due to the recent 
amendments to the Law on Patents, in particular in the following areas ( second part ): 
 
- Biotechnological inventions; 
- approval of the Patent Law Treaty (PLT).  Other amendments aim to provide a better response to users' needs. 
Details of amendments adopted on 21 May 2008, by group of provisions: 
 
 
Articles 4.6, 4 b, 8, 9.1, 10.2, 14.1, 14.2, 16.2, 18.3 
and 24.2  Articles 21, 26.1, 26.3, 34, 37.1, 37.2, 38.1 to 38.3, 
39.2 to 39.4, 39 a(2) and (3), 40.5 bis and 43 a 
 Articles 46, 46 a, 46b, 46c, 46d, 46e, 46f, 47, 48 a, 
48c, 50, 51, 53, 53 a, 54, 56, 57, 59, 59 a ff, 60, 60 a, 
60b, 60c, 60d and 62 
 
Articles 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86 and 87  Articles 90, 91 and 98 a 
 
Articles 118, 122, 122 a, 124 and 126 Amendments to the Swiss patent procedure 
 
- General provisions   - Application 
 
 - Examination of application   
 
- Opposition procedure   - File and patents register  
- European patent applications, European 
patents, and international patent applications  IP/N/1/CHE/4 
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Article 27 Article 45 a 
 Article 45 b to 45 j Amendments concerning biotechnological 
inventions 
 
- Sequence listing - Indications of the source of genetic 
resources and traditional knowledge 
- Deposit of biological material  
Article 127 b and 127 l 
 Supplementary protection certificate for 
medicines and phytosanitary products 
 
 
  Article 111 
Article 111 a 
Article 111 b 
Article 111 c 
 Compulsory licences for the export of 
pharmaceutical products 
 
- Content of legal claim - Measures to identify products 
- Licence holder's duty to publish 
information 
- Institute's obligation to inform and notify  
  Article 112 Article 112 a 
Article 112 b 
Article 112 c 
Article 112 d 
 Article 112 e 
 Article 112 f 
 Intervention of the Customs Administration 
 
- Scope 
- Request for intervention - Detention of goods - Samples 
- Protection of manufacturing and business 
secrets 
- Conservation of evidence in the event of 
the destruction of goods 
- Emoluments 
Layout designs (topographies) of integrated circuits   
  
Federal Law on the Protection of Topographies of 
Semi-Conductor Products :23 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 31.2
, 
RO 1993 1828).  Existence of protection rights, acquisition and 
scope of rights, term of protection, civil and 
criminal proceedings, t opographies register, 
Customs measures, etc. 
 
                                                      
23 See document IP/N/1/CHE/L/4.  IP/N/1/CHE/4 
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BRIEF DESCRIPTION 
Most recent amendments:   
Editorial amendment (Articles 13 and 15); 
Article 16 a:  adopted on 19 December 2003, 
entered into effect on 1 January 2005 
(RO 2004 5085)  Amendments following the adoption of the Federal 
Law on Electronic Signature Certification (SCSE;   
FF 2003 7493) and the identical provisions on 
electronic communication with the Federal Intellectual Property Institute introduced in the Law on Topographies (Article 16a LTo), the Law on the Protection of Trademarks (Article 40 LPM), the Law 
on Designs (Article 26a LDes) and the Law on 
Patents for Inventions (Article 65a LBI).  The related Ordinances, namely the Ordinance on Topographies (OTo), the Ordinance on the Protection of Trademarks (OPM), the Ordinance on Designs (ODes) and the Ordinance on Patents for 
Inventions (OBI), have been amended accordingly. 
 
Article 17:  adopted on 17 June 2005, entered into effect on 1 January 2007 (RO 2006 2197) Repealed following the complete overhaul of the 
regulations governing or ganization and procedure 
before the Federal Court. 
 
Articles 5, 11 and 12:  adopted on 
22 June 2007, entered into effect on 1 July 2008 (RO 2008 2551)  Amendments adopted in the framework of the 
review of the Law on Patents (national measures aimed at combating piracy in the field of intellectual property, in particular intervention by the Customs Administration). 
 
Ordinance on the Protection of Topographies 
of Semi-Conductor Products :24 adopted on 
26 April 1993, entered into effect on 1 July 1993 (Ordinance on Topographies, OTo; 
RS 231.21
, RO 1993 1834) 
 Registration of topogra phies, maintenance of 
topographies register , Customs measures. 
Most recent amendments: 
  
Articles 2 a, 2b, 5 and 11:  adopted on 
3 December 2004, entered into effect on 
1 January 2005 (RO 2004 5037) 
 Provisions regarding: 
- Signature of documents (Article 2 a), 
- electronic communication with the Federal 
Intellectual Property Institute (Articles 2 b, 5.4, 
11.3 and 11.4), 
- certain fee arrangements (Article 12.1 to 12.3 
and 12.5), and 
- the Italian version of the text (Articles 14, 18.1 
and 19). 
                                                      
24 See document IP/N/1/CHE/L/5. IP/N/1/CHE/4 
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BRIEF DESCRIPTION 
 Articles 12 and 14:  adopted on 18 October 2006, entered into effect on 1 January 2007 (RO 2006 4477) 
  
Amendments to and removal of entries in the register;  copies of entries in the register. 
Article 16:  adopted on 1 November 2006, entered into effect on 1 May 2007 (RO 2007 1469) Adjustment pursuant to the amendment to the 
Customs Ordinance (RS 631.01): functions of the Customs Administration.  
Articles 16 to 18, 18 a to 18 c and 19:  adopted on 
21 May 2008, entered into effect on 1 July 2008 (RO 2008 2543)  Adjustment pursuant to amendments to the Law 
on Topographies in the framework of the review of the Law on Patents (national measures aimed at combating piracy in the field of intellectual property, in particular intervention by the Customs Administration, 
see above). 
 
Protection of undisclosed information  
Federal Law on Patents for Inventions :25 adopted on 
25 June 1954, entered into effect on 1 January 1956 
(LBI, RS 232.14 , RO 1955 893) 
(See Patents)  Article 68:  safeguarding of industrial and 
business secrets. 
No changes.  
  
Ordinance on Patents for Inventions :26 adopted on 
19 October 1977, entered into effect on 
1 January 1978 ( RS 232.141 , RO 1977 2027) 
(See Patents) Articles 89 and 90:  sa feguarding of industrial 
and business secrets in patent application files 
and the patents register. 
  
Articles […] 89 and 90 […]:  adopted on 
3 December 2004, entered into effect on 
1 January 2005 (RO 2004 5025) Drafting changes, updating of the three 
language versions. 
  
Ordinance on the Protection of Trademarks :27 
adopted on 23 December 1992,  entered into effect 
on 1 April 1993 (OPM;  RS 232.111 , RO 1993 296) 
(See Trademarks (and service marks)) Articles 36.3 and 37.4:   safeguarding of 
industrial and business secrets in trademark application files and th e trademarks register. 
 
                                                      
25 See document IP/N/1/CHE/P/12. 
26 See document IP/N/1/CHE/P/13. 
27 See document IP/N/1/CHE/T/4 – IP/N/1/CHE/G/12.  IP/N/1/CHE/4 
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Most recent amendments:  
Articles […] 36 to 38; […]:  adopted on 
18 October 2006, entered into effect on 1 January 2007  Pursuant to the amendment to the Regulation on 
the Fees Charged by the Federal Institute for Intellectual Property of 30 August 2006 
(amendments in favour of users, see "Regulation 
on the Fees Charged by the Federal Institute for Intellectual Property" above), on 18 October 2006, the Federal Institute adopted the necessary ordinance amendments and approved 
the review of the Regulation on the Fees 
Charged by the Federal Institute for Intellectual Property.  
Ordinance on the Protection of Topographies of 
Semi-Conductor Products :28 adopted on 
26 April 1993, entered into effect on 1 July 1993 
(OTo; RS 231.21 , RO 1993 1834) 
(See Layout designs (topogr aphies) of integrated 
circuits ) 
 Article 9:  safeguarding of industrial and 
business secrets in topography application files 
and the topographies register. 
No changes. 
  
Federal Law on Unfair Competition :29 adopted on 
19 December 1986, entered into effect on 1 March 1988 (LCD; RS 241
, RO 1988 223) 
 Definition of unfair practi ces.  Proceedings and 
penalties under civil and crim inal 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 se crets.  Article 15:  
safeguarding of industria l and business secrets 
(in civil law proceedings). N.B.:  The definition of industrial and business secrets has been devel oped by case law;  it 
corresponds to that set ou t in Article 39.1 of the 
TRIPS Agreement.  
Most recent amendments:   
Articles 4, 4 a and 23:  adopted on 7 October 2005, 
entered into effect on 1 July 2006 (RO 2006 2371) 
 Amendments required under the Federal Order 
approving and implementing the Council of 
Europe Criminal Law Convention on Corruption and the Additional Protocol thereto. 
                                                      
28 See document IP/N/1/CHE/L/5. 
29 See document IP/N/1/CHE/O/23. IP/N/1/CHE/4 
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BRIEF DESCRIPTION 
 Article 3 o:  adopted on 24 March 2006, entered into 
effect on 1 April 2007 (RO 2007 921)  
Adjustment pursuant to the amendment of 24 March 2006 to the Telecommunications Act (LTC). 
 Federal Law on Medicina l Products and Medical 
Devices :30 adopted on 15 December 2000, entered 
into effect on 1 January 2002 (Therapeutic Goods 
Act, LPTh;  RS 812.21 , RO 2001 2790) 
 
  
Article 12:  protection of the first applicant pursuant to Article 39.3 of the TRIPS Agreement 
(protection for up to 10 years).  
Article 14.3:  exclusion from the simplified 
market authorization procedure for as long as the original preparation is protected by patent.  
Most recent amendments:  unrelated to intellectual property. 
  
Ordinance of 17 October 2001 on Medicines :31 
adopted on 17 October 2001, entered into effect on 1 January 2002 (OMéd, RS 812.212.21
, 
RO 2001 3420) 
 Article 18:  procedure for demonstrating the 
existence of patent protection (Article 14.3, LPTh).  
Most recent amendments:  unrelated to intellectual property.   
Ordinance of 18 May 2005 on the Placing on the 
Market of Phytosanitary Products :32 adopted on 
18 May 2005, entered into effect on 1 August 2005 
(Ordinance on Phytosanitary Products, OPPh; RS 916.161
; RO 2005 3035) 
 Article 26:  protection of the first applicant 
pursuant to Article 39.3 of the TRIPS Agreement 
(protection for up to 10 years). 
Most recent amendments:   unrelated to intellectual property. 
  
Ordinance on the Production and Placing on the 
Market of Feedstuffs :33 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 
(protection for up to 10 years). 
 
Most recent amendments:  unrelated to the protection 
of undisclosed information.   
 
                                                      
30 See document IP/N/1/CHE/O/20. 
31 See document IP/N/1/CHE/O/21. 
32 See document IP/N/1/CHE/U/3. 
33 See document IP/N/1/CHE/O/18.  IP/N/1/CHE/4 
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Control of anti-competitive practices in licences  
Federal Law on Cartels an d Other Impediments to 
Competition :34 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) 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 
practices. 
- Article 6:  agreements reputedly justified on 
grounds of economic efficiency. 
 
Most recent amendments: Unrelated to intellectual property.  
 
  
Federal Law on Patents for Inventions :35 adopted on 
25 June 1954, entered into effect on 1 January 1956 (Articles 89.2, 90.2 and 90.3, 91.2 and 91.3, 96.1 
and 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 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 
Rights :36 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 Copyright and related rights) Proceedings and penalties under civil and 
criminal law.  Monitoring of copyright societies.  
Provisional measures.  Customs measures. 
  
Ordinance on Copyright and Neighbouring Rights :37 
adopted on 26 April 1993, entered into effect on 1 July 1993 (Ordinance on Copyright, ODAu; RS 31.11
, RO 1993 1821) 
(See Copyright and related rights)  
 
                                                      
34 See document IP/N/1/CHE/O/22. 
35 See document IP/N/1/CHE/P/12. 
36 See document IP/N/1/CHE/C/5. 
37 See document IP/N/1/CHE/C/6. IP/N/1/CHE/4 
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Federal Law on the Protection of Trademarks and 
Indications of Source :38 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 List A:  Trademarks (and service marks))  Proceedings and penalties under civil and 
criminal law.  Provision al measures.  Customs 
measures. 
Ordinance on the Protection of Trademarks :39 
adopted on 23 December 1992,  entered into effect 
on 1 April 1993 (OPM; RS 232.111 , RO 1993 296) 
(See Trademarks (and service marks))   
Federal Law on the Protection of Designs :40 
adopted on 5 October 2001, entered into effect on 
1 July 2002 (Law on Designs, LDes, RS 232.12 , 
RO 2002 1456). (See Industrial designs)  Proceedings and penalties under civil and 
criminal law.  Provision al measures.  Customs 
measures. 
Ordinance on the Protection of Designs :41 adopted 
on 8 March 2002, entered into effect on 
1 July 2002 (Ordinance on Designs, ODes, RS 232.121
, RO 2002) 1122) 
(See Industrial designs)   
Federal Law on Patents for Inventions :42 adopted on 
25 June 1954, entered into effect on 1 January 1956 
(Articles 89.2, 90.2 and 90.3, 91.2 and 91.3, 96.1 
and 96.3, 101.1, 105.3: entered into effect on 1 October 1959), (Law on Patents, LBI, RS 232.14
, 
RO 1955 893) 
(See Patents) Proceedings and penalties under civil and 
criminal law.  Pr ovisional measures. 
                                                      
38 See document IP/N/1/CHE/T/3 – IP/N/1/CHE/G/11. 
39 See document IP/N/1/CHE/T/4 – IP/N/1/CHE/G/12. 
40 See document IP/N/1/CHE/D/5. 
41 See document IP/N/1/CHE/D/6. 
42 See document IP/N/1/CHE/P/12.  IP/N/1/CHE/4 
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Federal Law on the Protection of Topographies of 
Semi-Conductor Products :43 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  31.2
, 
RO 1993 1828) 
(See Layout designs (topogr aphies) of integrated 
circuits)  Proceedings and penalties under civil and 
criminal law.  Customs measures. 
Ordinance on the Protection of Topographies of 
Semi-Conductor Products :44 adopted on 
26 April 1993, entered into effect on 1 July 1993 (Ordinance on Topographies, OTo;  RS 231.21
, 
RO 1993 1834)  
(See Layout designs (topogr aphies) of integrated 
circuits) 
  
Federal Law on Unfair Competition :45 adopted on 
19 December 1986, entered into effect on 1 March 1988 (LCD;  RS 241
, RO 1988 223) 
(See Protection of undisclosed information) 
 Proceedings and penalties under civil and 
criminal law.  Pr ovisional measures. 
Ordinance on the Right of the Confederation to 
Institute Proceedings in the Context of the Law on 
Unfair Competition :46 adopted on 17 February 1993, 
entered into effect on 1 March 1993 ( RS 241.3 , 
RO 1993 1053) The Federal Office of Economic Development 
and Employment (OFDE) represents the Swiss Confederation in civil and criminal proceedings pursuant to Article 10.2(c) of the Law on Unfair Competition (LCD). 
  
__________ 
                                                     
 
43 See document IP/N/1/CHE/L/4. 
44 See document IP/N/1/CHE/L/5. 
45 See document IP/N/1/CHE/O/23. 
46 See document IP/N/1/CHE/O/19.