Customs Pirated products can be destroyed more easily from July
Swiss customs authorities will be able to destroy counterfeit products more easily in future. On Wednesday, the Federal Council enacted a corresponding law passed by Parliament with effect from July 1.
14.05.2025, 11:09
SDA
Due to increasing online trade, more and more counterfeit products are being seized at the borders - for example branded clothing, handbags, shoes and luxury watches. In December, Parliament approved the Federal Council's proposals to make it easier to destroy such pirated products.
Over ninety percent of suspicious goods are currently found in small consignments containing no more than three items. Small consignments are parcels weighing a maximum of five kilograms.
Today, counterfeit goods can only be destroyed at great expense, even though the cases are minor. In most cases, this effort turns out to be unnecessary because the buyers of the goods do not oppose the destruction.
Less bureaucracy
In the simplified procedure, in future only the person who ordered the goods will be informed of the seizure at the border. If this person agrees, the counterfeit will be destroyed. Only if they refuse the destruction will the rights holder - i.e. the company affected by the counterfeit - be informed so that they can take further steps.
In order to avoid the risk of damage if destruction subsequently proves to be unjustified, destruction takes place at the earliest three months after notification of the retained goods. The import of goods that infringe intellectual property rights remains unpunished.
The Federal Office for Customs and Border Protection (BAZG), which has now reached the limits of its capacity, will benefit from the simplified procedure, said the then Minister of Justice Elisabeth Baume-Schneider in Parliament. It could save procedural steps and thus reduce the administrative burden. However, rights holders will still be able to choose the previous procedure.
Switzerland affected more than average
The Institute for Intellectual Property (IPI) is now responsible for both the simplified and the ordinary procedure. The FCAA will forward the retained counterfeits to the IPI, which will then initiate further proceedings until the goods are destroyed. The IPI has commissioned a logistics company for this purpose.
According to the Federal Council, the Swiss economy is disproportionately affected by product piracy: worldwide, Swiss rights holders are in fourth place among companies whose intellectual property rights are infringed by counterfeiting.
According to the Federal Council, infringements of trademark, patent, design or copyright rights cause considerable damage. These can range from loss of profits to loss of taxes and social security contributions for the state to health risks for consumers.
