INTELLECTUAL PROPERTY RIGHTS IN SWITZERLAND
First Renewal Term
Subsequent Renewal Term
The Law on Protection of Trademarks of August 28th, 1992, in force since April 1st, 1993 - is the primary law governing the mechanism of trademark registration and protection in Switzerland.
For getting a trademark registered in Switzerland, an application has to be filed with the Swiss Federal Institute of Intellectual Property, which administers the entire trademark registration process.
It follows a 'first-to-file’ system, which means that trademark registration is mandatory for protection.
Switzerland follows the 11th edition of Nice Classification. Multi-class trademark applications are possible.
The opposition period is within three (03) months from the publication date of the trademark application in the official gazette.
In Switzerland, registered trademarks have a validity of ten (10) years from the date of application, which can be further renewed indefinitely for successive periods of ten (10) years each.
The grace period to renew a trademark after the date of expiry is six (06) months.
The term for cancellation of a registered trademark based on non-use is five (05) years from the date of registration.
Switzerland is a member of the Paris Convention for the Protection of Industrial Property, the Patent Cooperation Treaty, and the European Patent Convention.
The Federal Law Concerning Patents of Invention of June 25, 1954 - deals with the mechanism of patent protection in Switzerland.
For seeking patent protection in Switzerland, an application has to be filed with the Swiss Federal Institute of Intellectual Property, which administers the entire process of patent grant.
In Switzerland, an invention that satisfies the conditions of novelty, inventive step, and industrial applicability, subjects to patentability. Process patent and product patent are the two types of patents that can be protected.
The types of patent applications that can be filed include Non-Convention Application and Convention Application.
In Switzerland, pre-grant opposition against a patent application can’t be raised.
The patent of invention lasts for twenty (20) years in Switzerland. Annuities are to be paid four years after the filing of the patent.
The Swiss Federal Designs Act (2001) - governs and deals with the mechanism of registration of industrial designs in Switzerland.
For getting an industrial design registered in Switzerland, an application has to be filed with the Federal Institute of Intellectual Property, which administers the entire process of registration.
The types of industrial design applications that can be filed in Switzerland include Non-Convention Application and Convention Application.
Utility model protection isn't provided under industrial design protection in the nation.
Opposition against an industrial design application can't be raised in Switzerland.
A registered industrial design is valid for five (05) years from the date of filing of the application and may be extended four (04) times for successive periods of five (05) years each up to a total term of twenty-five (25) years.
The request for renewal can be made within twelve (12) months before the end of the registration period.
There is a grace period of six (06) months for late renewal of a registered industrial design.
Switzerland is a signatory to the Berne Convention for the Protection of Literary and Artistic Works.
The Swiss Federal Copyright Act of 1992 - is the basic legislation governing copyright protection in Switzerland.
In Switzerland, copyright comes into existence as soon as the work is created. There is no formal procedure for copyright registration.
In general, copyright protection expires seventy (70) years after the death of the author.
In the case of computer programs, protection expires fifty (50) years after the death of the author.
In the case of films and other audio-visual works, the calculation of the term of protection is based solely on the date of the death of the director.
Where the author of a work is unknown, protection for that work expires seventy (70) years after it has been published or, if it has been published in installments, the term is seventy (70) years after the final installment, unless the identity of the author becomes known during this period.