Revision to the intervention procedure provided by customs
The Customs Administration should be able to destroy small consignments of counterfeits more easily.
Are you the owner of a trade mark, design or patent? Have you discovered that your goods are being counterfeited?
If so, there are three ways you can defend your rights in Switzerland. Contact the following institutions:
Report the incident to the police: the commercial sale of counterfeit and pirated goods is punishable with a custodial sentence and a monetary penalty. You can find more information on this topic on the website of the police.
Go to court: the court rules on compensation for damages, reparation and recovery of profits, as well as on any potential punishment for the perpetrators. The court can also help you remove the counterfeit goods from circulation and obtain more details on the fake goods (i.e. origin, quantity etc.). For court proceedings, we recommend you seek legal advice. More information on legal advice is available at the website of the Swiss Bar Association.
Request assistance from customs: as a rights holder in Switzerland, you can prohibit the import, export and transit of counterfeit copies of your goods. At your request, customs officials will check parcels and luggage for counterfeit goods and withhold them. In this way, counterfeits are intercepted at the border before entering the country.
You can find more information on this topic on the Federal Office for Customs and Border Security website.
Is someone infringing your copyright? Then you can take action against such an infringement by exercising your copyright (Art. 10 CopA).
Harmonisation and partial revision of guidelines as of 1 July 2023
Conference on Intellectual Property & Sustainability at the University of Geneva
Symposium: "Best practices in the fight against counterfeiting & piracy – NFTs not your cup of tea? Well, they should: NFTs as a new way of fighting counterfeiting and piracy"