Legal framework overview

Switzerland’s IP system is based on federal legislation, in particular:

• Trademark Protection Act (TmPA, SR 232.11)

• Patent Act (PatA, SR 232.14)

• Designs Act (DesA, SR 232.12)

• Copyright Act (CopA, SR 231.1)

• Unfair Competition Act (UCA, SR 241)

Competent authority:

• IPI (Swiss Federal Institute of Intellectual Property)

Switzerland is a member of WIPO, PCT, the Madrid system, the Hague Agreement, the Paris Convention, TRIPS and the European Patent Convention (EPC).

International cooperation and regional integration

• Switzerland is a member of WIPO, PCT, the Madrid system, the Hague Agreement, the Paris Convention, TRIPS and EPC;

• A patent recognition system has been established with the EPO (European patents granted by the EPO automatically take effect in Switzerland and Liechtenstein);

• Data exchange and classification cooperation mechanisms have been established with EUIPO;

• The national IP strategy Swiss IP Strategy 2030 focuses on digitalisation and innovation-oriented protection.

Trade mark system

Filing routes

• National trade mark applications may be filed directly with IPI;

• Applicants may also designate Switzerland via the Madrid System (Madrid Protocol).

Classification

• Applies the Nice Classification for goods and services;

• Both single-class and multi-class applications are accepted.

Examination procedure

• Formal examination: around 1 month;

• Substantive examination: around 4–6 months;

• There is no separate pre-registration opposition period (oppositions should generally be filed within 3 months after publication of the registration).

Use and renewal

• Initial registration term is 10 years, renewable indefinitely in further 10-year periods;

• Non-use for a continuous period of 5 years may lead to cancellation.

Examination features

• Examination languages may be German, French or Italian;

• Examination focuses on distinctiveness and the likelihood of confusion with earlier rights;

• Registration of three-dimensional marks, sound marks and position marks is possible;

Design protection

Legal basis

• Designs Act (SR 232.12) and the Designs Ordinance.

Scope of protection

• Appearance of a product, including patterns, shape, lines, ornamentation and colour combinations;

• Applicable to both industrial and handicraft designs.

Term of protection

• Initial term of 5 years, renewable four times for further 5-year periods, up to a maximum of 25 years.

Examination procedure

• Examination period is usually around 3–6 months;

• Examination languages are German, French or Italian;

• Only formal examination is carried out; creativity or individual character is not assessed ex officio.

System features

• A single registration is valid nationwide;

• Multiple designs can be combined in one application;

• Switzerland is a member of the Hague Agreement and can be designated in international design registrations.

Registered designs protection

Legal basis

• Registered Designs Ordinance (Cap. 522).

Scope of protection

• Shape, configuration, pattern, colour and decorative features of a product;

• Functional technical features are not protected.

Term of protection

• Protection runs for 5 years from the date of registration and may be renewed four times, up to a maximum of 25 years.

Examination procedure

• Examination usually takes about 2–3 months;

• The examination language may be Chinese or English;

• Examination is limited to formalities and basic novelty requirements.

System features

• A single registration is effective throughout Hong Kong;

• Examination does not include an assessment of creativity or individual character;

• International applications under the Hague Agreement can cover China, but a separate registration is required for Hong Kong.