Introduction of a simplified procedure to destroy fakes found in small consignments

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.

What has happened up to now

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.

> Federal Council media release on the adoption of the dispatch

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.