From 1 July 2024, the new IPI directive for the supervision of the collective rights management organisations comes into force. It sets out guidelines for the IPI as supervisory authority when reviewing the management of the collective rights management organisations and is consistently focused on a risk analysis. The new directive replaces the one from November 29 2017 and will apply as of the...

After around 20 years of negotiations, the World Intellectual Property Organization (WIPO) succeeded in adopting a new treaty on intellectual property and genetic resources in the small hours of 24 May 2024. The new treaty stipulates that the origin of genetic resources and the associated traditional knowledge must be disclosed in patent applications. The aim of this measure is to increase...

On 22 May 2024, the Federal Council submitted a draft on the revision of patent law for consultation. This provides for the establishment of a clearing house to increase transparency regarding patent rights in plant breeding. The consultation procedure will run until 12 September 2024. Federal Council media release Further information on our website

From counterfeit luxury watches to designer handbags: thanks to a new procedure, it will be easier to destroy fake products arriving in Switzerland in small consignments in future. On 26 April 2023, the Federal Council noted the outcome of the consultation procedure and adopted the dispatch and the draft of the Federal Act on the Introduction of a Simplified Procedure for Destroying Small...

Date:              Tuesday, 7 February 2023 Time:              1.30pm – 5.30pm Location:        University of Geneva / Online via Zoom Language:      The presentations will be in French and English (simultaneous interpretation will not be provided). Programme details and registration: https://www.unige.ch/droit/jdpi/programme/. Registration closes on 30 January 2023. At the Swiss Federal...

Trade marks are a valuable asset for many companies. By registering them, companies identify their product as being their intellectual property and thereby protect themselves from free riders. In future, it will be less expensive to file a trade mark and renew its term of protection in Switzerland. The Federal Council approved the amended Fee Ordinance of the Swiss Federal Institute of...

The Patents Act is to be adapted to international standards and the Swiss patent system is to be made more attractive to SMEs and individual inventors, in particular. They will be able to choose the patent examination procedure that suits their needs and resources. At its meeting on 16 November 2022, the Federal Council adopted the dispatch on the partial revision of the Patents Act for submission...

Developing a new plant variety is complex and expensive, and it can take up to fifteen years to bring a variety to the market. The expenses incurred in the development process are financed through the sale of the seed. Given that plant seeds can be simply ‘copied’ through propagation, a suitable protection system is needed. Plant variety protection and patent law, in particular, serve this...

The consultation period on the substantive patent law harmonisation has come to an end and we draw some preliminary conclusions based on the received comments. Check our website!

On 5 July 2022, the WIPO Director General Daren Tang made an official visit to Bern. Tang and his delegation visited both the Swiss Federal Institute of Intellectual Property (IPI) and the Federal Department of Foreign Affairs (FDFA). The aim of Daren Tang’s visit was to exchange ideas with the Swiss delegation: Catherine Chammartin, Director General of the IPI; Felix Addor, Deputy Director...

By means of notices dated 30 April and 29 December 2021, Germany terminated the Agreement of 13 April 1892 between Switzerland and Germany on Reciprocal Protection for Patents, Designs and Trade Marks (SR 0.232.149.136). This decision follows a judgment by the Court of Justice of the European Union dated 22 October 2020 (joined cases C-720/18 and C-721/18) in which the court ruled that the above...

Substantive patent law is to be harmonised internationally. The European Patent Organisation and the intellectual property offices in 45 industrial countries, including Switzerland, have been pursuing this objective since 2014. The aim of harmonisation is to simplify and accelerate procedures, lower the costs for obtaining and enforcing patent rights, and increase the predictability of procedures,...

The IPI is very pleased to present the second online workshop of the Center for Intangible Property and Competition Law (CIPCO), in collaboration with the Swiss Federal Institute of Intellectual Property (IPI). After a successful first edition on the topic: Legal framework of intellectual property for AI - status quo and perspectives on June 11, 2021, we are repeating the experience by...

The Federal Council acknowledged the results of the consultation on the partial revision of the Patents Act at its meeting of 18 August 2021 and decided on the further course of action. Modernising the patent examination procedure was, in principle, welcomed in the consultation. The Federal Council has decided to take into account the criticism voiced in individual areas by making adjustments to...

Swiss producers will in future be able to register geographical indications in several states simultaneously via a simple procedure. At its meeting on 18 August 2021, the Federal Council approved the entry into force of the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications as well as the implementing ordinances per 1 December 2021. You can find further...

The World Intellectual Property Organisation (WIPO), headquartered in Geneva, is conducting a survey on the impact of frontier technologies on intellectual property (IP). This questionnaire on frontier technologies and data begins with general questions about the use of frontier technologies and IP, and then moves on to focus on data as a driving force behind these technologies. The responses...

Is intellectual property protection becoming superfluous? Or will there soon be no need for patent or trade mark examiners? Following the prevalent views on the future role of artificial intelligence, one would have to answer such questions with a yes. A new series of events on the topic of ‘AI & IP’ attempts to provide a more differentiated picture, taking into account views from different...

At its meeting on 26 May 2021, the Federal Council took note of the report (in German and French, pdf) by the Swiss Federal Institute of Intellectual Property (IPI) entitled ‘Access to non-personal data in the private sector’. The digital economy significantly contributes to the economic performance of Switzerland. To facilitate access to non-personal data held by the private sector, the report...

Statutory regulations have been in force since 1 January 2017 for products and services that producers want to promote with ‘Swissness’, such as with a Swiss cross or a ‘Swiss Made’ label, for example. The aim of these rules is to protect the ‘Swiss’ brand from misuse and secure companies that produce in Switzerland an important long-term competitive advantage. The ‘Swissness’ legislation...

At the WTO/TRIPS Council of 15 and 16 October 2020, India and South Africa submitted a TRIPS waiver request. In it, they propose that the Agreement on Trade-Related Aspects of Intellectual Property Rights should be suspended during the COVID-19 pandemic. See our page on the Suspension of the TRIPS Agreement for further information.

Thanks to tablets and laptops, you can consume films and series anytime, anywhere. If you are abroad, however, the screen often remains black due to what is known as geo-blocking. The EU has taken individual measures to this end. The OTM examined what the situation is like for Swiss nationals staying abroad as part of the Digital Switzerland Action Plan. For example, online content services...

The sic! journal for intellectual property, information and competition law has been published since 1997 and is indispensable to the professional community. For more than 23 years, an independent editorial board has ensured that this high-quality publication keeps Swiss IP lawyers up to date with the latest case law and academic discourse. It is supported by the IPI, the International Association...

The legal criteria for the long-term protection of ‘Swissness’ are fulfilling their purpose. This has been confirmed in studies commissioned by the Federal Council. They are adding value to the Swiss economy and are also leading to a decrease in cases of ‘Swissness’ misuse, particularly within Switzerland. However, in a report approved on 18 December 2020, the Federal Council sees potential for...

The dialogue between Switzerland, most notably the IPI, and the relevant Indonesian authorities has borne fruit with the adoption of the Omnibus Law, in autumn 2020. At the beginning of October 2020, the Indonesian Parliament passed the Omnibus Law. This legislative amendment concerns the revision of a total of 76 laws covering areas such as labour, taxation and intellectual property.On...

The Federal Council wants to modernise the Swiss patent system and adapt it to international standards. It opened the consultation procedure on the partial revision of the Patents Act on 14 October 2020. The consultation proposes that a patent should only be granted if the invention to be patented is novel and innovative. This would lead to more legal certainty and increase the value of granted...

Switzerland yesterday ratified the constitutional reform of the World Intellectual Property Organization (WIPO), thereby accepting an institutional reform drawn up by the member states. The reform amends ten international treaties to which Switzerland is a party, such as the Paris Convention for the Protection of Industrial Property and the Patent Cooperation Treaty.“The constitutional reform of...

With WIPO PROOF, the World Intellectual Property Organization (WIPO) has launched a global online service that provides proof of the existence of a digital file at a specific point in time. The new service complements WIPO’s existing intellectual property systems by helping creators to take verifiable measures to better protect the results of their work. The system is intended to reduce the...

Artificial Intelligence (AI) is the technology at the centre of the fourth industrial revolution. It is already having an impact on daily life around the world, and equally is influencing intellectual property. The World Intellectual Property Organization (WIPO) has published a Revised Issues Paper on Intellectual Property Policy and Artificial Intelligence. Within the framework of an open-ended...

At their General Assembly, the member states of the World Intellectual Property Organization (WIPO) appointed Daren Tang of Singapore as the new Director General. He will succeed Francis Gurry, who has led the organisation for twelve years. Mr Tang’s six-year term of office will begin on 1 October. With reference to the COVID-19 pandemic, the new Director General emphasised that, more than...

In response to criticism from the US entertainment industry, the United States Trade Representative (USTR) placed Switzerland on a ‘watch list’ in 2016 in its annual report on countries that insufficiently protect American IP interests (the Special 301 Report). The USA argued that it was not sufficiently possible to enforce copyright on the internet in Switzerland. In recognition of amendments to...

Every 26 April marks World Intellectual Property Day. This year, the focus is on how innovation can create a green future and the various ways in which IP can be used to achieve this. Intellectual property has a key role to play in tackling climate change. “New climate-friendly innovations and new ways of thinking are urgently required to tackle the climate crisis and achieve a green future,”...

Whether an artistic photograph, an amateur snap, or a standard product photo – under the modernised Copyright Act (CopA) all photos are now protected, whether analogue or digital, or taken by an amateur or a professional. This applies whether the photographs have individual character or not. The extended protection for photographs is one of the main changes in the new Copyright Act. It comes into...

The Zurich University of Applied Sciences (ZHAW) is launching the certification course CAS IP Law this autumn. The course was developed in cooperation with the Swiss Federal Institute of Intellectual Property (IPI). The goal of the cooperation is to foster knowledge about intellectual property. The IPI supported the ZHAW in the conception of the course and is also providing several experts as...

On 11th February 2020, Switzerland ratified two agreements of the World Intellectual Property Organization (WIPO). The Beijing Treaty improves protection for actors at international level by enabling them to make a case against any unauthorised use of their performances. Actors already have this level of protection at national level. The Marrakesh Treaty improves access to copyright-protected...

Whether it is counterfeit watches or handbags, it should soon be easier for the Federal Customs Administration (FCA) to destroy fake products in small consignments. A new procedure aims to reduce the administrative effort by giving the authorities more leeway for their checks. These checks are essential – the importation of small consignments from Asia into Switzerland increased sixfold between...

The National Council, as second chamber, has approved the motion “Towards a modern Swiss patent” from Councillor of States Thomas Hefti. The motion, which was approved on 12 December 2019, has three objectives: a full patent examination for Swiss patent applications, the introduction of a utility model, and an extended opposition procedure. The IPI, as the competent federal authority, will now...

The agreement between Georgia and Switzerland on the protection of geographical indications and use of the indication of source “Switzerland” comes into force on 1 September 2019. It protects well-known Swiss indications and contributes to maintaining the long-term reputation of Swiss quality products. Key points at a glance: The agreement lists protected designations. This means that, in...

Bündnerfleisch, Formaggio d'alpe ticinese or the designation “Swiss” for watches – geographical indications offer an important competitive edge in the global market. This is why it should in future be possible for Swiss producers to obtain protection for such indications in all member states of the Geneva Act of the Lisbon Agreement via a simple, cost-effective application procedure. The Federal...

Successful measures in the fight against misuse of “Swissness” and fewer offences in Switzerland. The Swiss Federal Institute of Intellectual Property (IPI) reports a positive result for the year 2018. The key points at a glance: In 2018, the IPI did not have to initiate any criminal proceedings in Switzerland. In the 78 interventions led by the IPI, all of the companies involved were...

Switzerland introduced two proposals concerning the field of patents and health, together with Argentina, Brazil, Chile and Canada, to the WIPO Standing Committee on the Law of Patents (SCP). Both proposals were taken up in the committee's Work Program on 6 December, resulting in a successful interregional collaboration between countries with frequently opposing stances in the...

In response to the Federal Supreme Court decision 4A_576/2017 of 11 June 2018, the IPI is changing the practice for granting supplementary protection certificates (SPCs).It is no longer essential that the product to be protected falls within the scope of protection of the basic patent (as in Federal Supreme Court decision 124 III 375 “Fosinopril”); instead, it is essential that the product is...

A partial revision to the Patents Act and its implementing provisions will come into force together with an ordinary revision of the Therapeutic Products Act on 1 January 2019. This was decided by the Federal Council at its meeting on 21 September 2018 (Media release of 21 September 2018 in German/French/Italian).The partial revision introduces the following improvements for medical personnel,...

An information event will take place at the IPI on 16 October 2018 on the changes to patent law that will come into force on 1 January 2019. The IPI will present the new procedures for the ‘paediatric extension’, while Swissmedic representatives and the pharmaceutical industry will highlight other aspects that should be considered in practice. There will also be the possibility to discuss together...

Georgia and Switzerland have today signed a bilateral agreement on the mutual protection of their geographical indications and the indication of source Switzerland. The agreement protects well-known Swiss indications and thus contributes to the preservation of the reputation of Swiss quality products over the long term. “Geographical indications and indications of source are an important marketing...

From 1 January 2018, the new IPI directive for the supervision of the collective rights management organisations comes into force. It sets out guidelines for the IPI as supervisory authority when reviewing the management of the collective rights management organisations. The new directive will apply as of the reporting for the business year 2018.  The goal of the modernisation was to bring the...

Pat-INFORMED is the name of the most recent initiative which WIPO launched on 3 October 2017 in Geneva at the WIPO annual general meeting in cooperation with the research-based pharmaceutical industry.According to the Media Release from the International Federation of Pharmaceutical Manufacturers & Associations (IFPMA) the Pat-INFORMED database will be made publicly available mid-2018. The aim of...

On 1 January 2018, the Monitoring Office for Technological Measures (OTM) will be transferred to the Swiss Federal Institute of Intellectual Property (IPI). The Federal Council adapted the Copyright Ordinance accordingly at its meeting of 29 September 2017. Media release in German, French, Italian (pdf)

The copyright working group AGUR12 II concluded its work on 2 March 2017 and reached a compromise on various issues. The Federal Department of Justice and Police (FDJP) will take into consideration the results of the AGUR12 II on the revision of the Copyright Act and submit a proposal on how to proceed to the Federal Council by July 2017. Media release (pdf)Glossary (pdf)Chronology

The TRIPS Agreement of the World Trade Organization (WTO) was revised on 23 January 2017. The revision of the agreement provides poorer WTO members with access to generic drugs. This change is in particular important for those countries that do not have their own pharmaceutical industry. This is the first revision of a WTO agreement since the organisation was created in 1995. Switzerland had...

On 16 January 2017, Switzerland and China signed a declaration of continued cooperation between the Swiss Federal Institute of Intellectual Property and the Chinese State Intellectual Property Organization in Bern.A Memorandum of Understanding (MoU) has existed between the Swiss Federal Institute of Intellectual Property (IPI) and the Chinese State Intellectual Property Organization (SIPO) since...

Microorganisms can now be deposited for the purposes of a patent procedure at the Culture Collection of Switzerland (CCOS), which is headquartered in Waedenswil (Notification of the World Intellectual Property Organisation (WIPO) of 16 January 2017).Other depositary institutions recognised by the IPI: International depositary institutions under the Budapest Treaty.

World Intellectual Property Organization (WIPO), Geneva: Signing the final Act at an official ceremony on 21 May 2015, delegates concluded the diplomatic conference and 10 days of intense negotiations to revise the Lisbon Agreement which provides for the protection and international registration of appellations of origin. In honour of the venue of the diplomatic conference, the now revised version...