Federal Act on Private International Law (PILA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
I. Jurisdiction
Art. 109
1 The Swiss courts of the defendant’s domicile have jurisdiction to hear actions pertaining to the validity or registration in Switzerland of intellectual property rights. If a defendant does not have a domicile in Switzerland, these actions may be brought before the Swiss courts at the place of business of the representative recorded in the register or, in the absence of such representative, before the courts at the place where the authority keeping the register has its office. 2 Actions pertaining to the violation of intellectual property rights may be brought before the Swiss courts at the defendant’s domicile or, in the absence of a domicile, at the defendant’s habitual residence. Moreover, the Swiss courts at the place where the act or the result occurred and, in actions pertaining to the operation of an establishment in Switzerland, the courts at the place of that establishment have jurisdiction. 2bis Paragraph 2 applies by analogy to actions pertaining to claims for remuneration
Art. 109 — Amended by Annex No 5 of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1). Para. 2bis — Inserted by Annex No 2 of the FA of 27 Sept. 2019, in force since 1 April 2020 (AS 2020 1003; BBl 2018 591). Para. 3 — Repealed by Art. 3 No 3 of the FD of 11 Dec. 2009 (Approval and Implementation of the Lugano Convention), with effect from 1 Jan. 2011 (AS 2010 5601; BBl 2009 1777).
II. Applicable law
Art. 110
1 Intellectual property rights are governed by the law of the state for which protection of the intellectual property is sought. 2 With respect to claims arising out of the infringement of intellectual property rights, the parties may agree, at any time after the event causing damage, to apply the law of the forum. 3 Agreements pertaining to intellectual property are governed by the provisions of this Act relating to contracts (Art. 122).
III. Foreign decisions
Art. 111
1 Foreign decisions relating to the infringement of intellectual property rights are recognised in Switzerland: a. if the decision was rendered in the state of the defendant’s domicile; or b. if the decision was rendered at the place where the act or the result occurred and the defendant was not domiciled in Switzerland. 2 Foreign decisions pertaining to the existence, validity or registration of intellectual property rights shall be recognised only if they were rendered in a state for the territory of which the protection of the intellectual property is sought or if such decisions are recognised there.
Para. 1 let. b — Amended by Annex No 5 of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1).