Copyright Ordinance (CopO)
Amended by No I 1 of the O of 14 May 2025 on the Introduction of a Simplified Procedure for the Destruction of Small Consignments in Intellectual Property Law, with effect from 1 July 2025 (AS 2025 376).
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 18 Scope
This chapter applies to assistance in the movement of goods into or out of the customs territory where there is a suspicion that their distribution violates the legislation in force in Switzerland regarding copyright or related rights.
Art. 18a Small Consignment
A small consignment is defined as a shipment containing no more than three items and having a gross weight of less than five kilograms.
Art. 18b Request for Assistance
1 Holders of copyright or related rights, or licensees entitled to bring legal action (applicants), must submit a request for assistance to the Federal Office of Customs and Border Security (FOCBS). 2 The BAZG shall decide on the application no later than 40 days after receiving the documents, once these have been submitted to the BAZG in full. 3 The approved application is valid for two years unless it is submitted for a shorter period of validity. It may be renewed.
Art. 19 Detention of Goods
1 If the BAZG detains goods, it shall store them for a fee or, at the applicant’s expense, entrust them to a third party for safekeeping. 2 It shall notify the applicant of the name and address of the declarant, holder, or owner, a detailed description, the quantity, and the sender of the detained goods. 3 If the goods constitute a small consignment and were destroyed under the simplified procedure, the Office shall notify the applicant of the quantity and type of the destroyed goods, as well as the sender. 4 If it is already clear before the expiration of the time limit under Article 77(3) or (4) of the Copyright Act (URG) that the applicant cannot obtain precautionary measures, the goods shall be released immediately.
Art. 20 Transfer of jurisdiction in the case of small consignments
1 If the goods being detained constitute a small consignment, the OFCM shall transfer jurisdiction for the conduct of the proceedings to the IPI and shall hand over the goods to the IPI or to a third party designated by the IPI for safekeeping. 2 If the IPI is the applicant, the OFCM shall remain competent.
Art. 20a Samples or specimens
1 The applicant may request the handover or mailing of samples or specimens for examination or the inspection of the goods. 2 The BAZG may also provide the applicant with photographs of the detained goods in lieu of samples or specimens, provided that these allow for an examination. 3 The request may be filed together with the request for assistance with the BAZG or, while the goods are being detained, with the competent authority.
Art. 20b Protection of Trade and Business Secrets
1 The declarant, holder, or owner of the goods may request the BAZG to refuse the taking of samples or specimens. The request must be substantiated. 2 The BAZG shall inform the declarant, holder, or owner of the goods of the option under paragraph 1 and shall grant him or her a reasonable period of time. 3 If the BAZG permits the applicant to inspect the detained goods, it shall, when determining the time, take due account of the interests of the applicant as well as those of the declarant, holder, or owner.
Art. 20c Preservation of Evidence in the Event of Destruction of the Goods
1 The BAZG shall retain the samples or specimens for one year from the date of notification to the applicant, holder, or owner that the goods are being retained. After this period has expired, it shall request the declarant, holder, or owner to take possession of the samples or specimens or to bear the costs of further storage. If the declarant, holder, or owner fails to comply with the request or does not respond within 30 days, the BAZG shall destroy the samples or specimens. 2 The BAZG may, instead of taking samples or specimens, take photographs of the destroyed goods, provided that this ensures the purpose of securing evidence.
Art. 20d Processing, Disclosure, and Retention of Personal Data and Data of Legal Entities
1 The authorities responsible for the enforcement of mutual assistance are authorized to process the following personal data and data of legal entities concerning persons involved in the movement of goods into or out of the customs territory or in the provision of mutual assistance, for the purposes set forth in Articles 75–77hbis of the Copyright Act, in particular in connection with the processing of requests for assistance, the reporting of suspicious shipments, the detention or destruction of goods, and the removal or dispatch of samples and specimens: a. Personal details of the applicant, sender, declarant, holder, or owner of the goods, including their first and last names or company name and address; b. Information and documents relating to applications under Article 76 of the URG; c. Information and documents regarding the goods detained pursuant to Article 77 of the Copyright Act; d. Information and documents regarding assistance, including the detention and destruction of goo
Art. 21 Fees
1 The fees for assistance provided by the BAZG are governed by the Ordinance of 4 April 2007 on the Fees of the Federal Office for Customs and Border Security. 2 If the IGE is responsible for conducting the proceedings, the fees are governed by the IGE Ordinance of 14 June 2016 on Fees.
Para. 1 — SR 631.035 Para. 2 — SR 232.148