IP/N/1/CHE/U/1

Switzerland

Federal Law on Unfair Competition of 19 December 1986 and its latest amendments of 18 June 1993 and 24 March 1995

Definition of unfair practices. Proceedings and penalties under civil and criminal law. Art. 4: incitement to infringe or terminate a contract. Art. 5(b): exploitation of the results of the work of others, knowing that the results in question were obtained or made accessible by improper means. Art. 6: betrayal of industrial or business secrets. Art. 15: safeguarding of industrial or business secrets (in civil law proceedings). N.B. The definition of industrial and business secrets has been developed by case law; it corresponds to that set out in Art. 39(1) of the TRIPS Agreement. Proceedings and penalties under civil and criminal law. Provisional measures. Art. 3: Definition of unfair practices. Art. 5(c): Appropriating the result of the work of others via the use of reproduction techniques and exploiting it as it stands, without any corresponding input, is unfair (exploitation of the work of others). Art. 3(d): Measures designed to give rise to confusion with the merchandise, works, services or activities of others are unfair. Art. 3: Definition of unfair practices. See for example (b) and (d): inaccurate or false indications or measures designed to give rise to confusion with the merchandise, works, services or activities of others are unfair. Art. 3: Definition of unfair practices; see for example (d): measures designed to give rise to confusion with the merchandise, works, services or activities of others are unfair. Art. 5: The illicit exploitation of the work of others is unfair.

Most recent amendments: - Arts. 3, 4, 13a and 15; adopted on 18 June 1993, entered into effect on 1 April 1994 (RO 1994 375) - Arts. 3b, 21, 22, 25 and 27; adopted on 24 March 1995, entered into effect on 1 November 1995 (RO 1995 4086)