I. Current law and practice
- 1. What non-sales infringing acts, i.e. infringing acts which do not involve sales, are recognized in your jurisdiction?
The Swiss Trademark Act (“TA”), Patent Act (“PA”), Design Act (“DA”) and Copyright Act (“CA”) all provide the IP owner with the following exclusive rights (in connection with commercial purposes):
- Manufacturing goods – whether or not the goods are thereafter placed on the market is irrelevant1.
- Offering goods – the offering can happen in the context of both public and private tenders, on flyers, classified ads and storefront windows for instance, regardless of the characterization of the underlying legal relationship (sales, loan, lease, etc.). Whether the goods are then sold (or loaned /leased) is irrelevant2.
- Placing goods on the market.
- Importing, exporting or transiting goods – (under the TA and DA even for private purposes) the import of goods to Switzerland may be prohibited even if the same are not intended to be placed on…