In Switzerland, more than 90 per cent of counterfeit goods are to be found in small parcels. Although these are minor cases, the current procedure for assistance provided by the Federal Office for Customs and Border Security is burdensome, both for the Federal Office for Customs and Border Security and for the owners of the intellectual property rights that are potentially being infringed.
A simplified procedure for destroying counterfeits found in small consignments has already been successfully adopted in the EU. Its implementation in Switzerland would significantly reduce the work involved for both parties in future. Under this new procedure, if the owner of the counterfeit goods does not object to their destruction – and most owners do not – it would be possible to destroy the goods without any further steps being needed. In addition to the new, simplified procedure, the current procedure would also continue to be available to rights holders.
The new Federal Act on the Introduction of a Simplified Procedure for Destroying Small Consignments in Intellectual Property Law will lead to changes to the Trade Mark Protection Act, the Designs Act, the Patents Act and the Copyright Act.
First meeting of the Science, Education and Culture Committee of the Council of States
On 19 October 2023, the Science, Education and Culture Committee of the Council of States (SECC-S) deliberated on the bill. It approved its introduction and accepted it unanimously. The Council of States will now discuss the matter during the 2023 winter session.
Approval by the National Council
On 27 September 2023, the National Council unanimously approved the bill on a simplified procedure for destroying small consignments with no abstentions. The bill now passes to the Council of States for deliberation. Its preliminary consultation committee will discuss the matter in October 2023.
First meeting of the Science, Education and Culture Committee of the National Council
At its meeting on 22 June 2023, the Science, Education and Culture Committee of the National Council (SECC-N) deliberated on the bill on a simplified procedure for destroying small consignments. It approved the introduction of the bill and unanimously accepted it. The item of business will now be discussed by the National Council during the 2023 autumn session.
The Federal Council approves the Dispatch on the Introduction of the Simplified Procedure for submission to Parliament
At its meeting on 26 April, the Federal Council noted the outcome of the consultation procedure and submitted the dispatch and the draft of the Federal Act on the Introduction of a Simplified Procedure for Destroying Small Consignments in Intellectual Property Law to Parliament. Thanks to the simplified procedure, efforts to prevent the importation of counterfeits into Switzerland should become more efficient.
Consultation on the revision of the law is complete
The consultation procedure on the introduction of the simplified procedure lasted until 30 April 2020. The results of the consultation procedure are available at admin.ch. The responses received will now be evaluated by the IPI.
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"