Designs Ordinance (DesO)
Amended by No I 4 of the O of 14 May 2025 über die Einführung eines vereinfachten Verfahrens zur Vernichtung von Kleinsendungen im Immaterialgüterrecht, in force since 1 July 2025 (AS 2025 376).
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only, has no legal force and may not be relied on in legal proceedings.
Art. 37 Scope
This chapter applies to assistance in the case of unlawfully manufactured items being brought into or taken out of the customs territory.
Art. 37a Small consignment
A small consignment is a consignment that contains a maximum of three units and has a gross weight of less than five kilogrammes.
Art. 37b Application for assistance
1 The right holder or the licensee entitled to initiate proceedings (applicant) must submit the application for assistance to the FOCBS. 2 Once the FOCBS has received the application in full, it shall decide on it within 40 days. 3 The approved application is valid for a period of two years unless a shorter period of validity is requested. It may be renewed.
Art. 38 Detention of items
1 If the FOCBS detains items, it shall hold them in safekeeping itself for a fee or place them in the safekeeping of a third party at the cost of the applicant. 2 It shall provide the applicant with the name and address of the declarant, holder or owner, a precise description, the quantity and the sender of the detained items. 3 If the consignment is small and it has been destroyed under the simplified procedure, the FOCBS shall inform the applicant of the quantity and type of items destroyed and the sender. 4 If it is established prior to the expiry of the time limit under Article 48 paragraph 3 or 4 DesA that the applicant is unable to obtain preliminary measures, the items shall be released immediately.
Art. 39 Assignment of responsibility for small consignments
1 If the detained items are in a small consignment, the FOCBS shall assign responsibility for carrying out the procedure to the IPI and hand the items over to the IPI or a third party designated by the IPI for safekeeping. 2 If the IPI is the applicant, the FOCBS shall remain responsible.
Art. 39a Specimens or samples
1 The applicant may request that specimens or samples be handed over or delivered for examination or that the items be made available for inspection. 2 Instead of the specimens or samples, the FOCBS may also provide the applicant with photographs of the detained items if these enable an examination to be carried out. 3 The application may be submitted to the FOCBS with the application for assistance or to the authority responsible while the items are being detained.
Art. 39b Safeguarding of manufacturing and trade secrets
1 The declarant, holder or owner of the items may request the FOCBS to refuse to take specimens or samples. The request must be substantiated. 2 The FOCBS shall inform the declarant, holder or owner of the items of the option stipulated in paragraph 1 and set an appropriate time limit. 3 If the FOCBS permits the applicant to inspect the detained items, it shall take appropriate consideration of the interests of the applicant and the declarant, holder or owner when determining the date of inspection.
Art. 39c Safekeeping of evidence in the event of destruction of items
1 The FOCBS shall hold the specimens or samples in safekeeping for one year from the date of notifying the declarant, holder or owner that the items are being detained. After this time limit expires, the FOCBS shall request the declarant, holder or owner to take possession of the specimens or samples or bear the costs of their continued safekeeping. If the declarant, holder or owner does not comply with the request or does not respond within 30 days, the FOCBS shall destroy the specimens or samples. 2 Instead of taking specimens or samples, the FOCBS may take photographs of the destroyed items, provided this serves the purpose of preserving evidence.
Art. 39d Processing, disclosure and storage of personal data and data of legal entities
1 The authorities responsible for providing assistance are authorised to process the following personal data and data of legal entities that concern persons involved in the movement of items into or out of the customs territory or in the provision of assistance where the said data processing is for the purposes set out in Articles 46–49a DesA, in particular in connection with the processing of applications for assistance, notifications of suspicious consignments, the detention or destruction of items and the taking or delivery of specimens and samples: personal details of the applicant, sender, declarant, holder or owner of the items, in particular their last name and first name or company name and address; information and documents relating to the applications in accordance with Article 47 DesA; information and documents relating to the items detained in accordance with Article 48 DesA; information and documents on assistance, including the detention and destruction of items and the t
Art. 40 Fees
1 The fees for assistance provided by the FOCBS are governed by the Ordinance of 4 April 2007 on the Fees of the Federal Office for Customs and Border Security. 2 If the IPI is responsible for carrying out the procedure, the fees are based on the IPI Fee Ordinance of 14 June 2016.
Para. 1 — SR 631.035 Para. 2 — SR 232.148