Intellectual property · Switzerland
Work with an intellectual property lawyer in Switzerland
Trade marks, inventions, designs, content and licences are protected under Swiss federal law, but disputes are heard in cantonal courts and in three different languages. Tell us what has happened and we will match you, free of charge, with a Swiss intellectual property lawyer suited to your file.
- Swiss-qualified intellectual property counsel, matched to your matter
- Experience before cantonal courts, the Federal Patent Court and the Federal Supreme Court
- Free, confidential and entirely without obligation
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Matching service
Specialist intellectual property counsel, across a federal state of 26 court systems
Intellectual property disputes are rarely only about law. A copied product, a contested trade mark, a licence that no longer fits your business, or a former partner trading on your name can all put revenue and reputation at risk. Switzerland applies federal private law through 26 cantonal court systems, and proceedings run in German, French or Italian depending on the canton, so the choice of counsel matters from the first letter. We are a free matching service: you describe the situation once, and we introduce you to an intellectual property lawyer in Switzerland whose practice fits your file — whether it belongs before a cantonal court, the Federal Patent Court in St. Gallen, or is settled before proceedings begin.
Switzerland in practice
How intellectual property matters work in Switzerland
Swiss intellectual property disputes sit inside a federal legal order with cantonal courts, so procedure, language and cost rules shift depending on where the case is heard. Below are the structural points to know before instructing counsel, followed by the main statutory periods set out in Swiss federal law.
One federal law, 26 cantonal court systems
Substantive private law is federal and codified — principally the Civil Code and the Code of Obligations — while the courts remain cantonal. Since 2011 the Civil Procedure Code has provided a single federal code of civil procedure, but court organisation, judicial composition and the rules on court fees and party compensation are still largely cantonal.
Where a case is actually heard
Civil and commercial claims are heard at first instance by the cantonal courts, with appeals to the cantonal court of appeal and, finally, to the Federal Supreme Court in Lausanne. Switzerland also has a specialist first-instance Federal Patent Court in St. Gallen, alongside the Federal Criminal Court in Bellinzona and the Federal Administrative Court in St. Gallen.
Who may represent you
In Swiss civil procedure there is no general obligation to be represented by a lawyer: parties may appear in person or instruct any person capable of acting as their representative (Art. 68 CPC). Before the Federal Supreme Court, however, representation by an admitted lawyer is mandatory in civil matters (Art. 40 BGG). A lawyer admitted in one canton may act throughout Switzerland.
Court costs, party compensation and legal aid
The claimant normally pays an advance on court costs (Art. 98 CPC), and the unsuccessful party bears the costs of the proceedings (Art. 106 CPC). Fees follow cantonal tariff schedules, and the court fixes party compensation under the cantonal tariff (Art. 105 CPC). Free legal aid may be granted to a natural person who lacks sufficient resources and whose case is not devoid of any chance of success.
Cross-border enforcement and the Lugano Convention
Switzerland is not a member of the European Union; it conducts relations with the EU through a network of sectoral bilateral agreements. For cross-border civil and commercial litigation it is a party to the 2007 Lugano Convention, which aligns the rules on jurisdiction and on the recognition and enforcement of judgments with the EU’s Brussels I regime — decisive where an infringement or licence chain spans Switzerland and the EU.
Language follows the canton, not the client
Switzerland has four national languages; German, French and Italian are official languages of the Confederation, and each canton determines its own. Proceedings are therefore not conducted in one uniform language: the working language of your file is German, French or Italian depending on where the competent court sits, which affects counsel choice, evidence and translation costs.
The country data on this page is taken from official Swiss sources — federal legislation published on fedlex.admin.ch, the Federal Constitution and the Federal Office of Justice — consulted in 2025 as general information, not as legal advice.
- Federal Constitution and federal legislation — court system and languages
- Federal Act on the Free Movement of Lawyers (BGFA)
- Swiss Civil Procedure Code — court costs, party compensation and legal aid
- Code of Obligations — limitation periods
- Swiss Civil Code — divorce and succession periods
- Federal Administrative Procedure Act — appeal period
- Lugano Convention 2007 — Federal Office of Justice
The problem
Why Swiss intellectual property disputes stall before they start
The law is federal, but the practicalities are local — and they decide how long a case takes and what it costs.
The court is not where you expect
Substantive law is federal, but the courts belong to 26 cantons. Jurisdiction, procedure, court fees and party compensation follow cantonal rules, so the same claim can look very different depending on where it is filed.
Language becomes a cost line
Proceedings run in German, French or Italian depending on the canton. Without counsel who works in that language and before that court, translations, travel and duplicated briefing quickly add to the budget.
Timing and cash flow
Swiss periods vary by claim — 10 years for ordinary contractual claims, three years relative for non-contractual damages — and the claimant normally advances court costs before the court begins work, with fees set by cantonal tariffs.
How we help
A shortlist of Swiss counsel, built around your case
One short brief, a confidential review, and introductions to lawyers whose practice matches the dispute you actually have.
Specialists, not generalists
We match you with lawyers who work on the kind of intellectual property matter you face — brand, invention, design, content, licensing or unfair competition.
Admitted and supervised in Switzerland
Every lawyer we introduce holds a cantonal practising certificate and is entered on a cantonal roll, under the supervision of the cantonal authorities in the federal framework.
Nationwide reach
A single admission allows a Swiss lawyer to represent parties before judicial authorities throughout the country, and their network can cover the language region where your file will be heard.
Free and without obligation
Describing your case costs nothing and commits you to nothing. You decide whether to instruct once you have spoken to the lawyer we introduce.
Cross-border
When a case crosses Swiss borders
Switzerland is not an EU member and works with the EU through sectoral bilateral agreements and the 2007 Lugano Convention on jurisdiction and the enforcement of judgments. If your dispute touches more than one country, we also match you with counsel in:
Questions
Intellectual property in Switzerland: common questions
Do I need an intellectual property lawyer in Switzerland to bring a case?
Not always at first instance. In Swiss civil procedure there is no general obligation to be represented by a lawyer, and parties may appear in person or instruct a representative (Art. 68 CPC). Before the Federal Supreme Court, however, representation by an admitted lawyer is mandatory in civil matters (Art. 40 BGG). In practice, technical evidence and pleadings usually make specialist counsel the sensible choice.
Which Swiss court will hear my intellectual property dispute?
Civil claims are heard at first instance by the cantonal courts, with appeals to the cantonal court of appeal and, ultimately, to the Federal Supreme Court in Lausanne. Switzerland also has a specialist first-instance Federal Patent Court in St. Gallen. Which court is competent, and in which language it sits, depends on the canton.
Can a lawyer admitted in another canton represent me in Switzerland?
Yes. Under the Federal Act on the Free Movement of Lawyers, a lawyer admitted in one canton may practise and represent parties before judicial authorities throughout Switzerland. Lawyers are entered on the roll of the canton where they have their place of business, and the cantonal supervisory authorities oversee the profession.
What time limits apply to intellectual property disputes in Switzerland?
It depends on the type of claim. General contractual claims lapse after 10 years, while non-contractual damages claims follow a shorter relative period of three years with a ten-year absolute cap. Because intellectual property disputes often combine contractual and non-contractual elements, the period that applies to your file should be checked with a lawyer early.
What does a Swiss intellectual property case cost?
Court fees in ordinary civil cases follow cantonal tariff schedules and there is no single federal tariff, while the claimant normally pays an advance on court costs (Art. 98 CPC). The unsuccessful party bears the costs of the proceedings (Art. 106 CPC), and the court fixes party compensation under the cantonal tariff (Art. 105 CPC). Lawyers’ fees are freely agreed or based on cantonal schedules. Free legal aid may be available to a natural person lacking sufficient resources where the case is not devoid of any chance of success.
Does Switzerland’s non-EU status affect cross-border enforcement?
It can. Switzerland is not an EU member and instead relies on sectoral bilateral agreements. For cross-border civil and commercial litigation it is party to the 2007 Lugano Convention, which aligns jurisdiction and the recognition and enforcement of judgments with the EU’s Brussels I regime — a decisive point where an infringement, licence or distribution chain spans Switzerland and the EU.
Next step
Find your intellectual property lawyer in Switzerland
Describe your dispute in a few lines: what is at stake, the canton involved if you already know it, and what you have received so far. We review your brief confidentially and introduce you to Swiss counsel whose practice covers your type of case. The matching service costs you nothing and places you under no obligation to instruct.