Understanding intellectual property
May 2, 2025
Introduction
In Switzerland’s dynamic business environment, intellectual property is a vital asset. It encompasses all intangible creations of the human mind – ranging from innovative technologies to artistic and literary works.
The protection of these intangible assets is of central economic importance for companies and startups:
Securing competitive position
Strengthening market position
Protection against unauthorized use
The strategic use of these protection rights enables companies to successfully commercialize their innovations and build sustainable competitive advantages. This article covers the following topics to introduce you to the subject of intellectual property.
What is intellectual property?
Intellectual property encompasses all non-physical creations of the human mind. These intangible assets arise from creative, innovative, or intellectual achievements and enjoy legal protection. The history of intellectual property dates back to the 15th century. The first patent law was enacted in 1474 in Venice to protect inventors and their innovations. In Switzerland, the protection of intellectual property developed in the 19th century.
Modern Swiss law recognizes five central categories of intellectual property:
Copyrights
Patents
Trademarks
Designs
Trade Secrets
These protection rights grant the holders exclusive rights of use and exploitation of their intellectual creations. The legal claims make it possible to exclude others from unauthorized use and to exploit one's own innovations economically.
Types of intellectual property
Swiss law recognizes different forms of protection for intellectual property. These differ in their application, duration of protection, and the prerequisites for acquiring the rights.
1. Copyrights
Copyright protects intellectual creations in literature and art with an individual character. Protection arises automatically with the creation of the work - no registration is required.
Protected works include, for example:
Literary texts and written works
Musical pieces and compositions
Computer programs (Note: Protection here lasts only for 50 years)
Architectural works
The duration of protection is 70 years after the author's death. Unlike patents or trademarks, no official examination or registration is required. The protection is not territorially limited and applies automatically in all countries of the Berne Convention.
Special feature: Copyright protects the specific form of expression of an idea, not the idea itself. A novel is protected; the underlying plot idea can be used by other authors.
2. Patents
Patents are industrial property rights for technical inventions. They grant the holder the exclusive right to use the protected invention for a maximum of 20 years.
Requirements for patentability:
Novelty: The invention must not be part of the state of the art
Inventive step: The solution must not be obvious to professionals
Industrial applicability: The invention must be technically feasible
The first-to-file principle applies: whoever files first gets the protection. Thorough preparation of the patent application is crucial for success.
3. Trademarks
A trademark is a protected distinguishing mark that differentiates the products or services of a company from those of competitors. The trademark protection allows companies to:
Secure exclusive rights to logos, names, or slogans
Build a strong market position
Establish trust with customers
Legally take action against imitations
The protection is valid for 10 years and can be extended indefinitely. Costs vary depending on the number of classes of goods and services.
4. Designs
Design protection secures the external appearance of a product. Design law protects two- or three-dimensional designs characterized by lines, contours, colors, or materials.
Protection requirements:
Novelty: The design must not be publicly known before registration
Individual character: An overall impression that differs from existing designs
Visibility: The design must be visible when used as intended
The protection is for a maximum of 25 years and must be renewed every 5 years.
Why is the protection of intellectual property important?
The protection of intellectual property forms the foundation for sustainable business success. By legally securing innovations, companies create a clear competitive advantage:
Exclusive market position: Protected inventions and designs allow sole use and marketing
Monetization opportunities: Licensing patents and trademark rights generates additional revenue streams
Investment security: Legal protection makes innovations attractive to investors
Brand value: Protected trademarks enhance the company's image and customer trust, such as through the trademark protection in Switzerland, which helps protect your company's logo and brand throughout Switzerland.
The strategic utilization of protection rights enables companies to amortize their development costs and finance new innovations. A well-considered IP portfolio strengthens the market position and creates long-term competitive advantages.
How to protect intellectual property?
The protection of intellectual property requires specific registration procedures with the competent authorities. In Switzerland, the Swiss Federal Institute of Intellectual Property (IGE) is the central contact point.
The application should ideally be carried out with professional support, as legal errors are difficult to correct later. Careful documentation of all development steps and innovations forms the basis for successful protection.
Conclusion
The protection of intellectual property forms the foundation for sustainable business success in Switzerland. The various protection rights - from patents to trademarks to trade secrets - secure innovations and create competitive advantages. Early and strategic protection of your intellectual creations is crucial.
Contact us for a non-binding initial consultation.
