In the future, it will be easier to destroy counterfeit products entering Switzerland in small consignments. The Federal Council adopted the Ordinance to the Federal Act on the Introduction of a Simplified Procedure for Destroying Small Consignments in Intellectual Property Law at its meeting on 14 May 2025. The new legal bases will come into force on 1 July 2025.

Branded clothing, handbags, shoes and luxury watches make up a large proportion of counterfeit products, most of which are ordered online and enter Switzerland by post or courier. Over 90 per cent of counterfeits intercepted at the border are in small consignments containing up to three objects. The current procedure for destroying these goods is very time-consuming because both the rights holders and the buyers have to be informed.

 

Less effort required for minor cases

The new simplified procedure for destroying these goods enables rights holders to take action against counterfeits more easily and efficiently. They will have two options for small consignments in the future: they can apply for the goods to be destroyed in accordance with the existing ordinary procedure; or, when applying for customs assistance, they can simultaneously ask for the new simplified procedure to be applied. In the simplified procedure, only the person who ordered the goods will be initially informed of the interception at the border. If they consent, the counterfeit will be destroyed. Only if they object to destruction will the rights holder be informed so that the rights holder can take the next steps.

 

New responsibilities relieve the burden on customs authorities

From 1 July, the Swiss Federal Institute of Intellectual Property (IPI) will be responsible for both the simplified and ordinary procedure for small consignments. Small consignments are packages with up to three items and a maximum weight of five kilogrammes. The Federal Office for Customs and Border Security (FOCBS) will send the detained counterfeits to the IPI, which will then carry out the next steps in the procedure up to the destruction of the goods. The IPI has contracted a logistics company for this purpose. This will relieve the FOCBS of tasks which are not part of its core activities.

 

 

Major damage due to infringement of intellectual property rights
Infringements of trade marks, patents, designs and copyright cause significant damage. This ranges from lost earnings to shortfalls in tax and social security payments for the government and health risks for consumers. The exponential growth of online retail has compounded the problem. Rights holders therefore have the option of applying for customs assistance from the FOCBS so that counterfeits can be intercepted on import and destroyed and so that rights holders can take legal action if necessary.

 

 

Federal Council media release

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