Intellectual property rights in Switzerland.
Last Published: 2/14/2019

While Switzerland effectively enforces intellectual property rights linked to patents and trademarks, Swiss authorities have been less rigorous in enforcing copyright laws on the internet.  In 2018, USTR placed Switzerland on its Special 301 Watch List (https://ustr.gov/about-us/policy-offices/press-office/press-releases/2018/april/ustr-releases-2018-special-301-report) with the following justification:

“Switzerland remains on the Watch List in 2018.  Generally, Switzerland provides high levels of IP protection and enforcement.  The United States welcomes the important contributions Switzerland makes to promoting high levels of IP protection and enforcement internationally, including in bilateral and multilateral contexts.  Switzerland remains on the Watch List this year due to U.S. concerns regarding specific difficulties in Switzerland’s system of online copyright protection and enforcement.  A 2010 decision by the Swiss Federal Supreme Court has been implemented to essentially deprive copyright holders in Switzerland of the means to enforce their rights against online infringers.  Enforcement is a critical element of providing meaningful IP protection.  Right holders report that Switzerland has become an increasingly popular host country for websites offering infringing content and the services that support them, as indicated in the Out-of-Cycle Reviews of Notorious Markets from recent years.  The United States welcomes the steps Switzerland has taken to respond to this serious concern, including the draft amendments to the Swiss Copyright Act as submitted to the Parliament in November 2017, following robust public consultations and stakeholder roundtables to develop recommendations.  The draft revisions seek to address the problematic Supreme Court decision from 2010.  This legislative process, which began in 2012, is expected to come to a resolution in early 2019.  The United States also encourages Switzerland to deter end-users from consuming pirated content through consumer awareness campaigns, public education, and voluntary stakeholder initiatives.  The United States looks forward to cooperating with Switzerland to address these and other IP-related challenges.”

In any foreign market, companies should consider several general principles for effective protection of their intellectual property. For background, please link to our article on and Stopfakes.gov for more resources.

IP Attaché Contact
Susan Wilson, IP Attaché
Susan.wilson@trade.gov
 

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