Traditional Knowledge Laws: Switzerland

Trigger of Disclosure

Article 49a

1. The patent application must contain information on the source:

      a. of the genetic resource to which the inventor or the patent applicant had access, provided the invention is directly based on this resource;

      b. of traditional knowledge of indigenous or local communities of genetic resources to which the inventor or the patent applicant had access, provided the invention is directly based on this knowledge.

Content of Disclosure

Article 49a

1. The patent application must contain information on the source […].

2. If the source is unknown to the inventor or the patent applicant, the patent applicant must confirm this in writing.

Consequences of Non-Compliance

Article 59

2. If the patent application does not meet the other requirements of this Act or the Ordinance, the Institute shall set a time limit for the patent applicant by which the deficiencies must be remedies.

Article 59a

3. The Institute shall reject the patent application if:

b. the deficiencies mentioned in Article 59 paragraph 2 have not been remedied.

Article 81a

1. Any person who wilfully provides false information under Article 49a is liable to a fine of up to 100,000 francs.

2. The court may order the publication of the judgment.