IP/N/1/CHE/O/3

Switzerland

Federal Law on Cartels and Similar Organizations of 20 December 1985

Definition of anti-competitive practices. Art. 44(3): reservation regarding the effects on competition arising exclusively from rights conferred by legislation on the protection of industrial property and copyright. Acts of which the effects on competition do not derive exclusively from the legislation on intellectual property fall within the scope of the Law on Cartels (Art. 44(3)). Art. 3(2): Scope of the Law on Cartels. Art. 6(1d): Agreements on the concession of exclusive licences relating to intellectual property rights are considered to be justified. Civil law and administrative proceedings and penalties. Art. 6 ff: Proceedings and penalties under civil law. Art. 12 ff: Proceedings and penalties under civil law. Proceedings under administrative law. Investigations and recommendations of the Committee on Cartels (Art. 25 ff). Proceedings under administrative law before the Committee on Competition; penalties (Art. 18 ff). Definition of anti-competitive practices. Art. 44(3): reservation regarding the effects on competition arising exclusively from rights conferred by legislation on the protection of industrial property and copyright.