Are you the owner of a trade mark, design or patent? Have you discovered that your goods are being counterfeited? If so, you have three ways of defending 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.

You can request assistance from the Federal Office for Customs and Border Security (FOCBS): as a holder of intellectual property rights in Switzerland, you can prohibit the import, export and transit through Switzerland of counterfeit copies of your goods. At your request and subject to a fee, customs officials will check postal items and travellers’ luggage. Counterfeits will thus be intercepted at the border.

The IPI is responsible for procedures for detained small consignments (max. three items and max. 5kg). The FOCBS is responsible for procedures for parcels that contain more than three items or exceed 5kg, as well as for travellers’ luggage. 

Is someone infringing your copyright? You can take action against such an infringement by exercising your economic rights as provided for in Art. 10 CopA.
More information on counterfeiting and piracy can be found on the STOP PIRACY website.