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

General Information

Area: 41,285 sq. km.
Population: 7,408,800 inhabitants (estimated 2004).
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.

TOP OF PAGE

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, 2003.
• Federal Ordinance on Patents of Invention of October 19, 1977, in force since January 1, 1978, last amended on December 3, 2004.

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

• Convention on Establishing the World Intellectual Property Organization (WIPO) of July 14, 1967, since April 26, 1970.
• Paris Convention for the Protection of Industrial Property (1883), Stockholm Act of July 14, 1967, since April 26, 1970.
• Patent Cooperation Treaty of June 19, 1970 (PCT), including Chapter II, since September 1, 1995.
• Strasbourg Agreement of March 24, 1971, concerning the International Patent Classification, since October 7, 1975.
• Convention on the Grant of European Patents of October 5, 1973, since October 1977.
• Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure of April 28, 1977, since August 19, 1981.
• WTO/TRIPS Agreement, since July 1995.

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: 20 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.

TOP OF PAGE

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, amended on October 5, 2001 and December 19, 2003.
• Ordinance on the Protection of Trademarks of December 23, 1992, in force since April 1, 1993, amended on March 8, 2002 and December 3, 2004.

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

• Paris Convention for the Protection of Industrial Property (1883), Stockholm Act (1967).
• Convention on Establishing the World Intellectual Property Organization (WIPO).
• Madrid Agreement for the International Registration of Marks (1891), Stockholm (1967).
• Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks (1957), Stockholm (1967) and Geneva (1977).
• WTO/TRIPS Agreement, since July 1995.
• Protocol relating to the Madrid Agreement concerning the International Registration of Marks, since May 1, 1997.

FILING REQUIREMENTS

• 5 prints (for label only) of 8 x 8 cm; if in color: 5 prints in color and 5 prints in black and white;
• List of goods to be protected; grouped according to the international classification of products and services;
• 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.

TOP OF PAGE

Industrial Designs

LEGAL BASIS

• Federal Law on the Protection of Designs of October 5, 2001, in force since July 1, 2002.
• Ordinance on the Protection of Designs of March 8, 2002, in force since July 1, 2002.

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

• Paris Convention for the Protection of Industrial Property (1883), Stockholm Act.
• Convention on Establishing the World Intellectual Property Organization (WIPO).
• The Hague Agreement for the International Deposit of Industrial Designs of November 6, 1925, (London Act, Hague Act, Stockholm Act and Geneva Act).
• Locarno Agreement Establishing an International Classification for Industrial Designs, of October 1968.
• WTO/TRIPS Agreement, since July 1995.

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.

TOP OF PAGE

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 as from March 1, 2004 (variation of UDRP) before WIPO Arbitration and Mediation Center.

TOP OF PAGE

More

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

TOP OF PAGE