Switzerland
Patent/IP in Switzerland
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Intellectual Property
For a list of Patent Attorneys, please click on the 'Patent Attorneys in Switzerland' tab located above.
Intellectual Property, or IP, as it is colloquially called, is characterised as legal protection for commercially precious products of human intellect. There are, generally, three forms of IP: patents, copyrights and trademarks. Although these articles are similar many some ways, they each have individual idiosyncrasies and definitions which make them unique. Perhaps most importantly, there is no physicality to intellectual property. If effectively safeguards an intangible idea or process.
Patents
Generally speaking, patents are granted to inventors for inventions. These can include anything from machinery, tools, processes, chemicals, biotechnology, software, etc.
To qualify for a patent, an inventor must invariably create something that is:
- Of patentable matter
- Unique to patentee
- Merited and can be utilised
- Innovative
- Non-obvious
Under a patent, the patentee reserves the right stop or limit others from utilising and trading the invention. Without explicit permission from the patentee, persons using the patent in any of these ways are infringing, and could be subjected to legal action.
Patents are protected under the Swiss Federal Patent Statute. Patent applications must be filed with the Swiss Federal Institute of Intellectual Property (FIIP). Foreign applicants can file an application only through a resident representative in Switzerland or Liechtenstein.
Trademarks
Trademarks are used to denote epithets, logos, symbols, slogans, etc, that are individual to a business and product. Fundamentally, the things that distinguish your product or service from a competitor's. Businesses understandably go to endless lengths to have control over their trademarks. Therefore, any persons found infringing upon them through unlawful use could be subject to legal action.
Famous examples of trademarks are Coca Cola and McDonald's.
The Swiss Federal Trademark Statute provides trademark protection. Registration must be done with the Federal Institute of Intellectual Property (FIIP). The right to a trademark is based on the date of the first application, as opposed to the first use. Registration of trademarks may be applied for by anyone, Swiss or foreign. Foreign applicants can apply through a resident representative. Protection lasts for 10 years, but can be renewed for unlimited periods of ten years.
Copyright
Copyright gives someone to sell and reproduce a protected product, which is invariably printed work. Things like books, magazines, websites, photographs, music, film and art are common examples of copyrighted work. Copyright denotes five rights of the author, artist, etc: reproduction, distribution, adaptation, performance and display. Use of such materials or works without the explicit permission of the copyright holder is classed as infringement, and persons doing so could be subject to legal action.
Registration OfficeEidgenossisches Institut fur Geistiges Eigentum
Staffacherstrasse 65
Bern
3003
Switzerland Tel: +41 31 377 77 77
Fax: +41 1377 77 78
Website: www.ige.ch
E-mail: info@ipi.ch
Organisations that can assist with Patent/IP
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> MIGU Trade Mark
Helping businesses protect their IP rights, trade mark, designs etc.
