The procedures for small consignments

Information for applicants

Rights holders can choose between an ordinary and a simplified procedure when applying for customs assistance for small consignments. The IPI conducts procedures for small consignments via an online service. 

 

As the holder of an intellectual property right, you can ask customs to detain suspected counterfeits of your products. To do so, you need to apply for assistance from the Federal Office for Customs and Border Security (FOCBS), which will provide you with the necessary form.


The IPI conducts the procedures for detained small consignments up to their destruction or release. These are parcels that contain a maximum of three items and weigh no more than 5kg. You can choose between a simplified procedure and an ordinary procedure.


If a parcel contains more than three items or weighs more than 5kg, the procedure is conducted by the FOCBS.

 

The two procedures in brief

 

Ordinary procedure

 

If you have chosen the ordinary procedure, the IPI will notify both you and the recipient of the goods that customs have intercepted a suspect parcel.

The recipient then has ten days to accept or object to the destruction of the goods ordered. Within the same time limit (ten days), you can take provisional measures.

If the person who ordered the goods does not object to their destruction or if you obtain court confirmation that the goods are counterfeit, they will be destroyed.

 

Simplified procedure

 

In the simplified procedure, the IPI will initially inform only the person who ordered the goods. This person has ten days to accept or refuse the destruction of the products.


As the rights holder, you’ll only be notified that the parcel has been detained if the recipient of the goods objects to their destruction. In this case only, you’ll receive the recipient’s data and you’ll have ten days to take the necessary steps to protect your rights. You can also claim damages for the costs incurred.


If the recipient does not object to the destruction or does not respond to the IPI’s letter, the parcel will be destroyed three months, at the earliest, after the recipient has been informed that the goods have been detained. We’ll only inform you of the quantity, nature and senders (in Switzerland or abroad) of the parcels destroyed. You’ll also receive an invoice from the IPI for the cost of the procedure. Any claim for damages against the recipient of the parcel is expressly excluded.


If you want to destroy the goods yourself, you can also request that they be handed over to you.

 

Fees

The fees for each procedure conducted by the IPI are: 

 

  • Simplified procedure: CHF 80 
  • Ordinary procedure: CHF 120

 

The FOCBS charges fees related to its assistance (Ordinance of 4 April 2007 on the Fees of the Federal Office for Customs and Border Security; SR 631.035 (in German, French and Italian).


The IPI will automatically deduct the fees from the applicant’s current account if the applicant has granted the IPI the corresponding authorisation for small consignments. This direct debit authorisation is automatically renewed every six months. 

 

Online service – submissions on detained small consignments

The IPI conducts the ordinary and simplified procedures exclusively electronically via an online service. To access it, you need a user account.

 

In your account, you’ll find an overview of all ongoing and completed procedures. You can also submit the following (in German, French and Italian): 

 

  • Request for extension of a deadline
  • Request for delivery of specimens or samples
  • Request for inspection of detained goods
  • Submissions relating to super-provisional measures
  • Submissions relating to agreements
  • Replies to notifications

 

You’ll find useful information in the help texts available in the online service.

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