For IP professionals
This is the portal for professionals working in the field of intellectual property. Here you'll find direct access to all necessary resources.
- Trade Mark Database
- Register changes for trade marks
- Madrid Monitor
- International trade mark registration
- Trade Mark Guidelines (German, French, Italian)
- Classification tool for trade marks
- Trade mark examination support tool
- Trade marks: Costs and fees
- Trade marks: WIPO fee calculator
- Cancellation procedure for trade marks on the grounds of non-use
- Protected public signs: Abbreviations
- Protected public signs: Other signs (emblems)
- Directory of Intellectual Property Offices
- Trade marks: News Service Archive
- Patents: Patent Examination Guidelines (German, French)
- Patents: Fees
Disclosure of source
Switzerland's proposals concerning the disclosure of source of genetic resources (GRs) and traditional knowledge (TK) in patent applications
In 2007, Switzerland submitted to the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC), a summary of proposals (PDF 204 KB) concerning the disclosure of source of GRs and TK in patent applications. The two annexes also contain the text of the proposed amendments to the Regulations of the Patent Cooperation Treaty (PCT) and a list of Switzerland's previous submissions on the topics of disclosure of source of GRs and TK in patent applications.
With regard to this topic, Switzerland submitted its first proposal (PDF 75 KB) to the WIPO in May 2003. With this contribution of specific proposals, Switzerland continued its active and constructive participation in the international discussions on access to GRs and TK, and on the sharing of benefits arising from their use (also known as access and benefit sharing, ABS) (Press release of 6 June 2003 in German and French; PDF, 61 KB).
One year later, Switzerland made another submission (PDF, 222 KB), with regard to terminology issues, the concept of 'source' of GRs and TK, the scope of the obligation to disclose this source and the legal sanctions for breaching the disclosure obligation. Switzerland also presented this submission, addressed to the Working Group on PCT Reform, to the TRIPS Council on 14 June 2004 (Document IP/C/W/423).
In October 2004, Switzerland presented a further submission (PDF 138 KB) to the Working Group on PCT Reform, which was also sent to the TRIPS Council on 25 November 2004 (Document IP/C/W/433). The submission dealt with the formal and substantive nature of the disclosure requirement, an optional versus mandatory introduction of it at national level as well as the concept of 'source'.
Disclosure requirement in the Swiss Patents Act
The proposals, which Switzerland introduced at international level, have also been implemented at national level. Article 49a of the Patents Act (PatA) obliges the patent applicant to provide information regarding the source of GRs and TK in their patent application. This obligation also applies to international applications under Art. 138 PatA. A sanction in the form of a fine and the publication of the judgment for intentional violations is provided for under Art. 81a PatA.
Finally, in February 2010, Switzerland submitted to the IGC, a proposal regarding the disclosure requirement in the Patents Act (Document WIPO/GRTKF/IC/16/INF/14 pdf).
Patents Act (PDF)
Dispatch (German, French or Italian; explanations on disclosure of source on p. 80-83; PDF.)
Documents & links
24.05.2023 | Media release, Copyright
Online service providers are to remunerate use of journalistic works
26.04.2023 | Media release, Law and policy
Greater efficiency in the fight against counterfeiting
19.01.2023 | Law and policy, Event
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"