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.
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 consultation on the introduction of a simplified procedure ran until 30 April 2020. The results of the consultation procedure are available on admin.ch. The responses (pdf) received will now be evaluated by the IPI.
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