General Information | Patents of Invention
Trade & Service Marks | Industrial Designs | Domain Names
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General Information

Area: 41,285 sq. km.
Population: 7,866,498 inhabitants (estimated 2011).
Capital: Bern.
Language: German, French, Italian and Romansch.
Currency: Swiss Franc.

GENERAL REMARKS

The Swiss Confederation comprises 26 republics (cantons) with partial independence each having its own Parliament, Government and Courts.

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Patents of Invention

LEGAL BASIS

• Federal Law Concerning Patents of Invention of June 25, 1954, in force since January 1, 1956, last amended on December 19, 2008, March 20, 2009 and May 11, 2011.
• Federal Ordinance on Patents of Invention of October 19, 1977, in force since January 1, 1978, last amended on June 25, 2008 and May 11, 2011.

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

• Paris Convention, since April 26, 1970.
• European Patent Convention, since October 7, 1977.
• Patent Cooperation Treaty (PCT), since January 24, 1978.

FILING REQUIREMENTS

• Power of Attorney signed by the applicant, no legalization;
• Naming of the inventor(s), signed by the applicant or his agent, no legalization;
• Application text, in German, French or Italian, comprising claims, specification and abstract, 3 copies;
• Formal drawings (if any), on white paper, used area of each sheet must not exceed 26.2 cm x 17 cm, 3 copies;
• Priority document(s) if any, with a translation in English, German, French or Italian, no legalization.

REMARKS

National Phase of PCT: 30 months under PCT Chapter I and 30 months under Chapter II.
Validity: patent issued after a formal examination - valid for 20 years.
Annuities: to be paid five years after the filing of the patent.
Opposition: not provided for.

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Trade and Service Marks

LEGAL BASIS

• Federal Law on the Protection of Trademarks and Indications of Source of August 28, 1992, in force since April 1, 1993; last amendments in force since July 1, 2011.
• Ordinance on the Protection of Trademarks of December 23, 1992, in force since April 1, 1993; last amendments in force since July 1, 2011.

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

• Paris Convention, since April 26, 1970.
• Madrid Agreement, Stockholm Act.
• Madrid Protocol, since May 1, 1997.

FILING REQUIREMENTS

• 1 print (for labels only) ;
• The mark (word mark or label) and the list of goods for which the mark should be protected;
• Priority document (if priority is claimed).

REMARKS

Kinds of protection: verbal, pictorial, three-dimensional and other designations or their combination. Service and collective marks are registrable.
Classification: International.
Obligation to use the registered mark: compulsory. Non-use during any five-year period after the publication date may lead to cancellation.
Duration – renewals: 10-year period after the filing date or last renewal date.
Opposition: possible within a period of 3 months from date of publication.

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Industrial Designs

LEGAL BASIS

• Federal Law on the Protection of Designs of October 5, 2001, in force since July 1, 2002, last amended on June 22, 2007, December 19, 2008 and March 20, 2009.
• Ordinance on the Protection of Designs of March 8, 2002, in force since July 1, 2002, last amended on May 21, 2008 and May 11, 2011.

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

• Paris Convention, since April 26, 1970.
• Hague Agreement Concerning the International Registration of Industrial Designs, London Act until November 19, 2010, Hague Act, Stockholm Act and Geneva Act.

FILING REQUIREMENTS

• Power of Attorney, signed by the applicant, no legalization;
• A good reproduction of each design (size: min. (A7) 74 x 105 mm; max. (A4) 210 x 297 mm) (photographs, drawings in color or black and white);
• Designation of the product the design is intended for;
• If priority is claimed, country and date of Convention priority;
• Description (not compulsory), max. 100 words.

REMARKS

Duration – renewals: after formal examination: 5 years from the filing date; Extension: four additional 5-year periods.
Opposition: not provided for.

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Domain Names

LEGAL BASIS

• There is no specific legislation although some regulations on the organization and management of country code top-level domain names do exist.

FILING

• ccTLD: .ch
• Applicant: individuals and legal entities.
• Local Presence: not required.

REMARKS

Duration – renewals: one year, renewable.
Uniform dispute resolution procedure: available (variation of UDRP) before WIPO Arbitration and Mediation Center. The procedure before WIPO is preceded by a conciliation phase.

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If you wish more detailed information concerning intellectual property protection in this territory please contact us or order Katzarov’s Manual on Industrial Property®.

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