Coat of Arms Protection (CAPA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Section 1 Protection under Civil Law
Art. 19 Reversal of the burden of proof
Any person who uses a public sign must prove that he or she is allowed do so.
Art. 20 Action and right to bring action
1 Any person who suffers infringement of or threat to their economic interests due to the unlawful use of a public sign may request the court to: a. prohibit an imminent infringement; b. remedy an existing infringement; c. require the defending party to provide information on the origin and quantity of items in its possession that unlawfully bear the public sign and to name the recipients and disclose the extent of any distribution to commercial customers; d. establish the unlawful nature of an infringement if it continues to have an offensive effect. 2 Actions brought under the Code of Obligations for damages, satisfaction and handing over of profits in accordance with the provisions concerning agency without authority remain reserved.
Para. 2 — SR 220
Art. 21 Right to bring action by associations and consumer organisations
Actions under Article 20 para. 1 may be brought by: a. professional and trade associations authorised by their articles to safeguard the economic interests of their members; b. organisations of national or regional importance dedicated to the protection of consumers by virtue of their articles.
Art. 22 Right to bring action by a public body and the IPI
1 A public body entitled to use a public sign may bring an action under Article 20 paragraph 1 against any unlawful use of its protected signs under Articles 1–7 and Article 15. 2 The IPI may bring an action concerning the protection of signs under Articles 1–4 and Article 7, or of official designations under Article 6, insofar as their use implies a reference to a national authority or an official or semi-official activity. 3 The cantons shall determine who may bring an action concerning the protection of signs under Article 5 or of designations under Article 6 insofar as their use implies a cantonal or communal authority or an official or semi-official activity.
Art. 23 Forfeiture
1 The court may order the forfeiture of items which unlawfully bear a public sign or a sign that could be confused with it and of equipment, devices and other means that primarily serve their manufacture. 2 The court decides whether the public sign must be made unrecognisable or whether the items must be rendered unusable, destroyed or used in a specific way.
Art. 24 Sole cantonal instance
The cantons shall designate the court that has jurisdiction for the entire territory of the canton as the sole instance for actions under civil law.
Art. 25 Preliminary measures
Any person requesting preliminary measures may, in particular, request that the court orders measures to: a. secure evidence; b. establish the origin of items unlawfully bearing a public sign; c. preserve the existing state of affairs; or d. provisionally enforce claims to enforce injunctive relief and remedy.
Art. 26 Publication of the judgment
The court may order, at the request of the successful party, that the judgment be published at the expense of the other party. The court determines the form and scope of publication.
Art. 27 Notification of decisions
The court shall provide the IPI with full official copies of its decisions after they have been issued, including decisions regarding preliminary measures and decisions on dismissal, without delay and free of charge.
Section 2 Protection under Criminal Law
Art. 28 Unlawful use of public signs
1 Any person who wilfully and unlawfully commits any of the following acts is liable to a custodial sentence not exceeding one year or a monetary penalty: a. affixes domestic or foreign public signs protected under this Act or signs that could be confused with them to items, or who sells, makes available, imports, exports or carries in transit or otherwise places on the market items marked in this way; b. uses the signs under letter a on office signs, in advertisements, prospectuses, business papers, internet sites or the like; c. uses the signs under letter a for services or advertises services with such signs; d. uses an official designation or a designation that could be confused with it; e. uses a domestic or foreign national figurative or word sign. 2 If the offender acts for commercial gain, the penalty is a custodial sentence not exceeding five years or a monetary penalty. … 3 Article 64 TmPA remains reserved.
Para. 2 — Second sentence repealed by No I 9 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, with effect from 1 July 2023 (AS 2023 259; BBl 2018 2827). Para. 3 — SR 232.11
Art. 29 Offences committed within a business
Articles 6 and 7 of the Federal Act of 22 March 1974 on Administrative Criminal Law apply to offences committed within a business by subordinates, agents or representatives.
SR 313.0
Art. 30 Forfeiture
Even in the event of an acquittal, the court may order the forfeiture or destruction of items that unlawfully bear a sign protected under this Act, as well as facilities, equipment and other means primarily used for their manufacture.
Art. 31 Criminal prosecution
1 Criminal prosecution is a matter for the cantonal authorities 2 The IPI may file a complaint with the competent prosecution authority and exercise the rights of a private claimant in proceedings.
