Counterfeit products are prohibited by law because they cause a great deal of harm and can be dangerous. For the same reasons, it’s forbidden to import counterfeits into Switzerland, even as a private individual. The Trade Mark Protection Act (TmPA) and the Designs Act (DesA) prohibit not only the fraudulent imitation of protected products, but also the trade of counterfeits and their import, export and transit through Switzerland (Art. 13 para. 2^bis and Art. 71 TmPA; Art. 9 para. 1^bis and Art. 47 DesA).

If customs identify counterfeit goods in travellers’ luggage or in parcels sent by post, they can seize and destroy them. In certain circumstances, customs may also inform the rights holder (e.g. the owner of the trade mark or design), who may take civil action against the person attempting to bring the goods into Switzerland. Anyone who deliberately infringes a trade mark or design for commercial gain is also liable to prosecution. 

If customs discover large consignments which it suspects are an attempt to import counterfeits commercially, the state must take action on its own initiative, in other words without a request from the rights owner. In such cases, those convicted may face a custodial sentence of up to five years or a monetary penalty of up to CHF 540,000 (Art. 61 para. 3 TmPA; Art. 41 para. 2 DesA; Art. 81 para. 3 PatA and Art. 67 para. 2 CopA).

Copyright protects music, films, software, advertising copy, website layouts and more. In copyright law, these are called works. For example, if you make a film, you have the right as the author to decide when and how your film is used. This right also extends to uploading and downloading because these acts are covered by copyright. In addition, you can prevent your work from being made available unlawfully on the internet via on-demand services (Art. 10 CopA). One exception to this rule is downloading a work for private use (e.g. a film or a piece of music). Downloading copyright-protected works for private use is permitted in Switzerland (Art. 19 CopA). However, uploading a work is always prohibited if the work is protected by copyright. This rule also applies to uploading works onto private websites, such as a Facebook account.  

You can find more information about counterfeiting and piracy on the STOP PIRACY website.

• Trade Mark Protection Act (SR 232.11)
• Designs Act (SR 232.12)
• Copyright Act (SR 231.1)
• Patents Act (SR 232.14)