CHECKLIST OF ISSUES ON ENFORCEMENT^[1]

Responses from Switzerland

Introduction

The present document is an updated version of the responses of Switzerland to the Checklist of Issues on Enforcement as contained in document IP/N/6/CHE/2 of 12 February 2014. This revised version of the responses reflects the state of laws and regulations in force in Switzerland on 17 January 2022.

During the past 15 years, the IP Enforcement System in Switzerland has undergone various changes. In the year 2000, a comprehensive revision of the Swiss Federal Constitution ('the Constitution') came into force. In addition, 2007 saw the Federal Procedure Law change with the merging of all federal administrative appeal and arbitration committees into one Federal Administrative Court. The Swiss system is characterized by federalism and according to Articles 122 and 123 of the Constitution, the Confederation has the right to legislate on matters such as intellectual property, civil law, civil procedure law, criminal law, and criminal procedure law. Until 2011, civil and criminal procedure law was vested with the Cantons. Based on the new rules of the Constitution, the Law on Civil Procedure and the Law on Criminal Procedures came into force on 1 January 2011. The organization of the judicial system and the administration of justice remain with the Cantons. Finally, in 2012, the Federal Patent Court started to operate as the court of first instance for actions concerning patents. As of 2017, some rules concerning indications of source and the Swiss coat of arms were modernized, leading to novelties in the field of enforcement. More specifically, criteria applicable for the use of Swiss indications of source in relation to goods or services were specified and, at the same time, the Swiss Federal Institute of Intellectual Property was endowed with further competences to enforce these laws.

The Constitution establishes the Federal Supreme Court under Article 188. Subject to the conditions of federal law, appeals may be made to the Federal Supreme Court in response to decisions on IP matters from the higher Cantonal Authority, the Federal Patent Court and, in some cases, the Federal Administrative Court.

Enforcement of intellectual property rights (IPRs) is governed by federal legislation. The details of the relevant laws and regulations (dates of entry into force and amendment, references to the official gazettes/compendia in which they were published) can be found in the latest notifications of revised IP laws and regulations of Switzerland contained in documents IP/N/1/CHE/26 to IP/N/1/CHE/45 of 2022.