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 Customs Administration is burdensome, both for the Customs Administration and for the owners of the intellectual property rights that are potentially being infringed.
A simplified procedure to destroy counterfeits found in small consignments would in future significantly reduce the effort required by both sides. If the owner of the counterfeit goods agrees to their destruction – which is almost always the case – the Customs Administration could destroy the goods without having to take any further action. It is a procedure that has already been successfully implemented in the EU.
Consultation on the revision of the law has begun
The new Federal Act on the Introduction of a Simplified Procedure to Destroy Small Consignments in Intellectual Property Law leads to changes in the Trade Mark Protection Act, the Designs Act, the Patents Act and the Copyright Act.
The Federal Council opened the consultation on the introduction of the simplified procedure on 15 January 2020. It is being conducted by the IPI and will run until 30 April 2020.