LEGAL ENVIRONMENT
INTELLECTUAL PROPERTY
Switzerland has had some form of legal intellectual property law since the 1884 Paris Convention. As a member of the World Intellectual Property Organization, Switzerland is a signatory to 20 agreements. These agreements cover copyright, trademarks, industrial property and other issues related to intellectual property. Additionally, as a part of WTO membership, Switzerland is also a signatory to the TRIPS agreement of July 1995. The TRIPS agreement is the Trade Related Aspects of Intellectual Property, which is a part of the GATT agreement.

The Swiss Federal Institute of Intellectual Property governs this regulatory area. Enforcement of these laws falls under the national domain of the Swiss Federal Supreme Court. Switzerland’s Intellectual property laws were amended in 1995. Recent developments to the country's intellectual property laws have been initiated by developments in international intellectual property laws and Switzerland's desire to harmonize its laws with that of the European Union.

Under the original Copyright Act (July 1993), protection was granted to work of literature and art that have “ an individual character, irrespective of their purpose or value.”1  Also protected under this Act is software. Under this law software is treated as a literary work. The Copyright Act also protects the author's right to commercial exploitation and moral rights. Copyright protection lasts for 70 years from the author's death. Software copyright, however, expires 50 years after the  author's death.

The Business Software Alliance survey found that from 1994 -2001 Switzerland 's piracy rates fell. One cause for the decrease is the stronger copyright laws and enforcement. Credit can also be given to software industry groups such as the BSA whose mission is to help educate business consumers on  software copyrights. During 1994 time period, Switzerland's piracy rate was less than the total rate for Europe and the World.  By 2001, these rates have moved closer in range while Switzerland maintained the best rate of the three. Again, international copyright laws and enforcement  have contributed to this decline.


                                        Business Software Alliance Piracy Study Results 2001

 Piracy Rates Retail Software Revenue  Lost to
 Piracy (US $Millions)

1994
 2001
 1994
 2001
Switzerland
 38%
 33%
 $    65.8
 $      68.5
Total Europe
 52%
 37%
 $  2.783
 $    2.660
Total World
 49%
 40%
 $  2.346
 $  10.970
                                       Source: Business Software Alliance



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