Copyright Act (CopA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Chapter 1 Protection under Civil Law
Art. 61 Action for declaratory judgment
Any person who can demonstrate a legal interest may bring an action for a declaratory judgment on whether or not a right or legal relationship exists under this Act.
Art. 62 Actions for performance
1 Any person whose copyright or related right is infringed or threatened may request the court: a. to prohibit an imminent infringement; b. to remedy an existing infringement; c. to require the defendant to provide information on the origin and quantity of items in his possession that have been unlawfully manufactured or placed on the market and to name the recipients and disclose the extent of any distribution to commercial and industrial customers. 1bis A threat to copyright or related rights is in particular present in acts mentioned in Article 39a paragraphs 1 and 3 and Article 39c paragraphs 1 and 3 and in the case of breach of the obligations under Article 39d. 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. 3 Any person who holds an exclusive licence is entitled to bring a separate action unless this is expressly excluded in the licence agr
Para. 1 let. c — Amended by Annex No I of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1). Para. 1bis — Inserted by Art. 2 of the FD of 5 Oct. 2007 (AS 2008 2497; BBl 2006 3389). Amended by No I of the FA of 27 Sept. 2019, in force since 1 April 2020 (AS 2020 1003; BBl 2018 591). Para. 2 — SR 220 Para. 3 — Inserted by Annex No I of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1).
Art. 63 Forfeiture in civil proceedings
1 The court may order the forfeiture and sale or destruction of the unlawfully manufactured items or equipment, devices and other means that primarily serve their manufacture. 2 The above does not apply to works of architecture that have been constructed.
Para. 1 — Amended by Annex No 1 of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1).
Art. 64
Repealed by Annex I No II 9 of the Civil Procedure Code of 19 Dec. 2008, with effect from 1 Jan. 2011 (AS 2010 1739; BBl 2006 7221).
Art. 65 Preliminary measures
1 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 manufactured or placed on the market; c. preserve the existing state of affairs; or d. provisionally enforce claims for injunctive relief and remedy infringement.
Art. 65 — Amended by Annex I No II 9 of the Civil Procedure Code of 19 Dec. 2008, in force since 1 Jan. 2011 (AS 2010 1739; BBl 2006 7221).
Art. 66 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 extent of the publication.
Art. 66a Notification of judgments
The courts shall provide the IPI with full official copies of the final judgments free of charge.
Art. 66a — Inserted by Annex No I of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1).
Chapter 2 Criminal Provisions
Art. 67 Copyright infringement
1 On the complaint of the person whose rights have been infringed, 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. uses a work under a false designation or a designation that differs from that decided by the author; b. publishes a work; c. modifies a work; d. uses a work to create a derivative work; e. produces copies of a work in any manner; f. offers, transfers or otherwise distributes copies of a work; g. recites, performs or presents a work or makes a work perceptible somewhere else either directly or with the help of any kind of medium; [tab] gbis. makes a work available through any kind of medium in such a way that persons may access it from a place and at a time individually chosen by them; h. broadcasts a work by radio, television or similar means, including by wire, or retransmits a broadcast work by means of technical equipment, the operator of which is not the original
Para. 1 — Amended by Art. 2 of the FD of 5 Oct. 2007, in force since 1 July 2008 (AS 2008 2497; BBl 2006 3389). Para. 1 let. tab — Inserted by Art. 2 of the FD of 5 Oct. 2007, in force since 1 July 2008 (AS 2008 2497; BBl 2006 3389). Para. 1 let. i — Amended by Art. 2 of the FD of 5 Oct. 2007, in force since 1 July 2008 (AS 2008 2497; BBl 2006 3389). Para. 1 let. k — Amended by Annex No 2 of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2251; BBl 2006 1). Para. 2 — Third sentence r
Art. 68 Omission of source
Any person who intentionally omits to indicate the source used where required by statute (Articles 25 and 28) and where the author is named therein, to provide the name of the author, is liable to a fine on the complaint of the person whose rights have been infringed.
Art. 69 Infringement of related rights
1 On the complaint of the person whose rights have been infringed, 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. broadcasts the performance of a work by radio, television or similar means, including by wire; b. fixes a performance of a work on blank media; c. offers, transfers or otherwise distributes copies of a performance of a work; d. retransmits a broadcast performance of a work by means of technical equipment, the operator of which is not the original broadcasting organisation; e. makes a performance of a work made available, a broadcast performance of a work or a retransmitted performance of a work perceptible; ebis. uses a performance of a work under a false name or under a name other than the artist name designated by the performer; eter. makes a performance of a work, a phonogram or audio-visual fixation or a broadcast available through any kind of medium in such a wa
Para. 1 — Amended by Art. 2 of the FD of 5 Oct. 2007, in force since 1 July 2008 (AS 2008 2497; BB1 2006 3389). Para. 1 let. e — Amended by Art. 2 of the FD of 5 Oct. 2007, in force since 1 July 2008 (AS 2008 2497; BBl 2006 3389). Para. 1 let. ebis — Inserted by Art. 2 of the FD of 5 Oct. 2007, in force since 1 July 2008 (AS 2008 2497; BBl 2006 3389). Para. 1 let. eter — Inserted by Art. 2 of the FD of 5 Oct. 2007, in force since 1 July 2008 (AS 2008 2497; BBl 2006 3389). Para. 1 let. k — Amende
Art. 69a Offences relating to technical protection measures and to rights- management information
1 On the complaint of the person whose protection has been violated, any person who wilfully and unlawfully commits any of the following acts is liable to a monetary penalty: a. circumvents effective technological measures under Article 39 paragraph 2 with the intention of illegally using works or other protected subject-matter; b. manufactures, imports, offers, transfers or otherwise distributes, rents, gives or advertises for use, or possesses for commercial purposes devices, products or components, or provides services which: 1. are the subject-matter of sales promotion, advertising or marketing with the goal of circumventing effective technological measures, 2. have only a limited commercially significant purpose or use other than the circumvention of effective technological measures, or 3. are primarily designed, manufactured, adapted or performed for the purpose of enabling or facilitating the circumvention of effective technological measures; c. removes or alters electronic righ
Art. 69a — Inserted by Art. 2 of the FD of 5 Oct. 2007, in force since 1 July 2008 (AS 2008 2497; BBl 2006 3389).
Art. 70 Unauthorised assertion of rights
Any person who, without the required authorisation (Art. 41), asserts copyright or related rights, the exploitation of which is subject to federal supervision (Art. 40), is liable to a fine.
Art. 70 — Amended by Annex No I of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1).
Art. 71 Offences in business activities
Articles 6 and 7 of the Federal Act of 22 March 1974 on Administrative Criminal Law apply to offences committed in business activities by agents or similar persons.
SR 313.0
Art. 72 Forfeiture in criminal proceedings
Works of architecture that have been constructed may not be forfeited under Article 69 of the Swiss Criminal Code.
Art. 72 — Amended by Annex No I of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1). SR 311.0
Art. 73 Prosecution
1 Prosecution is the responsibility of the cantons. 2 Offences under Article 70 are prosecuted and judged by the IPI in accordance with the Federal Act of 22 March 1974 on Administrative Criminal Law.
Para. 2 — SR 313.0
Chapter 3 Appeals to the Federal Administrative Co
Amended by Annex No 19 of the Administrative Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 2197;BB1 2001 4202).
Art. 74
1 Appeals against decisions of the IPI and the Arbitration Commission may be brought before the Federal Administrative Court. 2 The procedure for appeals before the Federal Administrative Court is subject to the Federal Act of 17 June 2005 on the Federal Administrative Court and the Federal Act of 20 December 1968 on Administrative Procedure (APA). The foregoing is without prejudice to the following exceptions: a. Appeals against decisions of the Arbitration Commission do not have suspensive effect; the granting of suspensive effect is excluded in individual cases. b. Article 53 APA is not applicable. c. For filing a response, the Federal Administrative Court sets a time limit of a maximum 30 days, which cannot be extended. d. An exchange of written submissions under Article 57 paragraph 2 APA generally does not take place.
Para. 2 — SR 173.32 Para. 2 — SR 172.021 Para. 2 let. d — Amended by No I of the FA of 27 Sept. 2019, in force since 1 April 2020 (AS 2020 1003; BBl 2018 591).
Chapter 4 Assistance in connection with Goods bein
Amended by No 1 2 of the FA of 22 Dec. 2023 on the Introduction of a Simplified Procedure for Destroying Small Consignments in Intellectual Property Law, in force since 1 July 2025 (AS 2025 313; BBl 2023 1184).
Art. 75 Notification of suspicious goods
1 The Federal Office for Customs and Border Security (FOCBS) is authorised to notify the owners of copyright or related rights and the authorised collective rights management organisations if there is any suspicion that goods are about to be brought into or taken out of the customs territory whose distribution would violate legislation applicable in Switzerland on copyright and related rights. 2 In such cases, the FOCBS is authorised to withhold the goods for three working days in order that the persons entitled may file an application in accordance with Article 76.
Art. 75 — Amended by No 1 2 of the FA of 22 Dec. 2023 on the Introduction of a Simplified Procedure for Destroying Small Consignments in Intellectual Property Law, in force since 1 July 2025 (AS 2025 313; BBl 2023 1184).
Art. 76 Application for assistance
1 If owners or licensees of copyright or related rights that are entitled to institute proceedings or authorised collective rights management organisations have clear indications that goods are about to be brought into or taken out of the customs territory whose distribution would violate legislation applicable in Switzerland on copyright or related rights, they may request the FOCBS in writing to refuse the release of the goods. 2 Applicants may at the same time apply in writing for the goods to be destroyed: a. in accordance with the ordinary procedure (Art. 77c–77h); or b. in accordance with the simplified procedure (Art. 77hbis) if the consignment is small. 3 In the application in accordance with paragraph 2, they may request that the goods be handed over to them so that they can destroy them themselves. 4 The application in accordance with paragraph 2 letter a must not result in the time limits for obtaining preliminary measures in accordance with Article 77 paragraphs 3 and 4 bei
Art. 76 — Amended by No 1 2 of the FA of 22 Dec. 2023 on the Introduction of a Simplified Procedure for Destroying Small Consignments in Intellectual Property Law, in force since 1 July 2025 (AS 2025 313; BBl 2023 1184).
Art. 77 Detention of goods
1 If, as a result of an application for assistance in accordance with Article 76 paragraph 1, the FOCBS has grounds to suspect that transporting the goods into or out of the customs territory may violate the legislation on copyright and related rights applicable in Switzerland, it shall: a. detain the goods; and b. notify the applicant and the declarant, holder or owner of the goods. 2 If an application for the destruction of small consignments (Art. 76 para. 2 let. b) was submitted with the application for assistance in accordance with Article 76 paragraph 1, the procedure shall be governed exclusively by Article 77hbis. 3 The FOCBS shall detain the goods for a maximum of ten working days from the date on which the applicant received the notification in accordance with paragraph 1 letter b so that the applicant may obtain preliminary measures. 4 Where justified by the circumstances, it may detain the goods for a maximum of ten additional working days. 5 If the consignment is small, th
Art. 77 — Amended by No 1 2 of the FA of 22 Dec. 2023 on the Introduction of a Simplified Procedure for Destroying Small Consignments in Intellectual Property Law, in force since 1 July 2025 (AS 2025 313; BBl 2023 1184).
Art. 77a Samples
1 While the goods are being withheld, the FOCBS is authorised to hand over or deliver to the applicant, on request, samples for examination or to permit the applicant to inspect the goods being withheld. 2 The samples are collected and delivered at the expense of the applicant. 3 They must be returned after the examination has been carried out, if this is reasonable. If samples are retained by the applicant, they are subject to the provisions of customs legislation.
Art. 77a — Inserted by Annex No I of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1). Para. 1 — Name in accordance with No I 1 of the O of 12 June 2020 on the Amendment of Legislation because of the Change in Name of the Federal Customs Administration as part of its Further Development, in force since 1 Jan. 2022 (AS 2020 2743). This change has been made throughout the text.
Art. 77b Safeguarding manufacturing and trade secrets
1 At the same time as notification is made in accordance with Article 77 paragraph 1, the FOCBS shall inform the declarant, holder or owner of the goods of the possible handover of samples or the opportunity to inspect them in accordance with Article 77a paragraph 1. 2 The declarant, holder or owner may request to be present at the inspection in order to safeguard his manufacturing or trade secrets. 3 The FOCBS may refuse to hand over samples on a reasoned request from the declarant, holder or owner.
Art. 77b — Inserted by Annex No I of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1).
Art. 77c Application for destruction of the goods
1 … 2 If an application for destruction is made, the FOCBS shall notify the declarant, holder or owner of the goods accordingly as part of the notification made under Article 77 paragraph 1. 3 …
Art. 77c — Inserted by Annex No I of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1). Art. 77c — Amended by No 1 2 of the FA of 22 Dec. 2023 on the Introduction of a Simplified Procedure for Destroying Small Consignments in Intellectual Property Law, in force since 1 July 2025 (AS 2025 313; BBl 2023 1184). Para. 1 — Repealed by No 1 2 of the FA of 22 Dec. 2023 on the Introduction of a Simplified Procedure for Destroying Small Consignments in Intellectual Property La
Art. 77d Consent
1 The destruction of the goods requires the consent of the declarant, holder or owner. 2 Consent is deemed to be given if the declarant, holder or owner does not expressly object to the destruction within the time limits given under Article 77 paragraphs 2 and 3.
Art. 77d — Inserted by Annex No I of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1). Para. 2 — Presently: Art. 77 para. 3 and 4.
Art. 77e Evidence
Before the destruction of the goods, the FOCBS shall remove samples and hold them in safekeeping as evidence in any actions for damages.
Art. 77e — Inserted by Annex No I of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1).
Art. 77f Damages
1 If the destruction of the goods proves to be unjustified, the applicant is exclusively liable for the resultant loss. 2 If the declarant, holder or owner has given express written consent for the destruction, no claims for damages may be made against the applicant if the destruction later proves to be unjustified.
Art. 77f — Inserted by Annex No I of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1).
Art. 77g Costs
1 The destruction of the goods is carried out at the expense of the applicant. 2 The costs for collecting and safekeeping samples under Article 77e are decided by the court in connection with the assessment of claims for damages in accordance with Article 77f paragraph 1.
Art. 77g — Inserted by Annex No I of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1).
Art. 77h Accountability statement and damages
1 If it is anticipated that withholding the goods may lead to a loss being incurred, the FOCBS may make the withholding of the goods dependent on the applicant providing them with an accountability statement. As an alternative to this statement and where justified by the circumstances, the FOCBS may request the applicant to provide appropriate security. 2 The applicant is liable for any losses incurred from withholding the goods and from collecting the samples if preliminary measures are not ordered or prove to be unjustified.
Art. 77h — Inserted by Annex No I of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1).
Art. 77hbis Simplified procedure for destroying small consignments
1 The FOCBS shall detain goods if the consignment is small and: a. based on an application for assistance in accordance with Article 76 paragraph 1, it has grounds to suspect that transporting the goods into or out of the customs territory may violate the legislation on copyright and related rights applicable in Switzerland; and b. an application for the destruction of small consignments (Art. 76 para. 2 let. b) has been submitted. 2 It may transfer responsibility for conducting the further procedure to the IPI. 3 The competent authority shall provide the declarant, holder or owner of the goods with notification of the suspicion and of the detained goods and inform him that the goods will be destroyed if he does not expressly object to the destruction within ten working days of receiving this notification. 4 If the declarant, holder or owner expressly objects to the destruction within the time limit specified in paragraph 3, the competent authority shall notify the applicant accordingl
Art. 77hbis — Inserted by No 1 2 of the FA of 22 Dec. 2023 on the Introduction of a Simplified Procedure for Destroying Small Consignments in Intellectual Property Law, in force since 1 July 2025 (AS 2025 313; BBl 2023 1184).