   
  
IP/N/1/CHE/39  
IP/N/1/CHE/C/11  
 
28 February 2022  
(22-1855) Page: 1/3 
Council for Trade -Related Aspects  
of Intellectual Property Rights  Original: French  
 
 
NOTIFICATION OF LAWS AND REGULATIONS  UNDER  
ARTICLE 63.2  OF THE TRIPS AGREEMENT  
SWITZERLAND: FEDERAL LAW ON COPYRIGHT AND NEIGHBOURING RIGHTS  
Notifying Member  SWITZERLAND  
 
Details of the notified legal text  
 
Title Loi fédérale sur le droit d'auteur et les droits voisins  (Federal Law on 
Copyright and Neighbouring Rights)  
Subject matter  Copyright and related rights  
Nature of 
notification  [X] Main dedicated intellectual property law or regulation  
[  ] Other law or regulation  
Link to legal text* https://ip -documents.info/2022/IP/CHE/22_0943_00_f.pdf  
Notification 
status  [  ] First notification  
[  ] Amendment or revision to notified legal text  
[X] Replacement or consolidation of notified legal text(s)  
Previous 
notification(s) 
referred to  IP/N/1/CHE/C/8, IP/N/1/CHE/E/2, IP/N/1/CHE/6  
Brief descrip tion of the notified legal text  
 
Definition of a work and its author, the existence, acquisition and scope of copyright and 
neighbouring rights, term of protection, copyright societies (rates and monitoring), civil and 
criminal proceedings, Customs measure s, etc.  
 
Most recent amendments:  
Article 2.3 bis: 
- Protection of photographs without individual character  
 
Article  13a: 
- Right to remuneration for making available audiovisual works (can only be exercised by 
copyright societies)  
 
Article 22b:  
- Use of orphan works ( broadening  of scope, conditions, etc.)  
 
Article 24.1 bis: 
- Archive and back -up copies (adaptations)  
 IP/N/1/CHE/39 • IP/N/1/CHE/C/11  
 
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  Article  24c: 
- Restriction for the benefit of persons with disabilities (adaptations necessary for the 
ratification of the Marrakesh Treaty, broadening of the scope and conditions of application)  
 
Article 24d:  
Use of works for the purposes of scientific research  (authorization to make the copies necessary 
for the automated analysis of large volumes of data)  
 
Article 24e:  
- Privilege for inventories  
 
Article 29.2a bis and 29.4:  
- Term of protection for photographs without individual character (50 years after production)  
 
Article 35a: 
- Right to remuneration for the making available of performances in audiovisual works (can onl y 
be exercised by copyright societies)  
 
Article 39.1:  
- Extension of the term of protection of performances, phonograms and audiovisual  fixation (70 
years from performance, publication or production)  
 
Article  39d: 
- Requirement for internet hosting providers creating a specific risk of copyright infringement to 
ensure that content removed from their servers is not reinstated (stay down re quirement)  
 
Article 43a:  
- Extended collective licences  
 
Article 60.4:  
- Electronic notification of users  
 
Article 62.1 bis: 
- Preferential rate for libraries to rent copies of works  
 
Article 74.2:  
- Violation of the stay down requirement constitutes a risk of infringement of copyright and 
neighbouring rights  
- Streamlining of the tariff approval procedure  
 
Article  77i: 
- Authorization to process personal data for the purposes of criminal prosecution of copyright 
infringement  
 
Throughout the Law , "supervisory authority" is replaced by "IPI".  
Language(s) of 
notified legal text French  
Entry into force  1 April  2020 
Other date  Adoption: 27 September  2019 
 
Notification details  
 
Submission date 
of notification  20 January  2022 IP/N/1/CHE/39 • IP/N/1/CHE/C/11  
 
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  Other information   
Agency or 
authority 
responsible  Institut Fédéral de la Propriété Intellectuelle , IPI (Federal Institute of 
Intellectual Property ) 
Stauffacherstrasse 65/59g  
CH – 3003 Berne  
Switzerland  
 
Telephone:  +41 31 377 77 77  
Email:  info@ipi.ch  
 
 
* Links are provided to texts of laws and regulations notified under the TRIPS Agreement in the form 
supplied by the Member concerned; the WTO Secretariat does not endorse or revise their content.  