231.11
Ordinance
on Copyright and Related Rights
(Copyright Ordinance, CopO)
of 26 April 1993 (Status as of 1 July 2025)
Preamble
The Swiss Federal Council,
on the basis of Articles 39b, 55 paragraph 2 and 78 of the Copyright Act of
9 October 19921 (CopA), Article 2 paragraph 2 of the Federal Act of
24 March 19952 on the Statute and Tasks of the Swiss Federal Institute of Intellectual Property (IPIA) and Article 46a of the Federal Act of 21 March 19973 on the Organisation of the Government and the Administration (GAOA),4
ordains:
Chapter 1 Federal Arbitration Commission for the Exploitation of Copyrights and Related Rights
Section 1 Organisation
Art. 1 Appointment
When appointing the members of the Federal Arbitration Commission for the Exploitation of Copyrights and Related Rights (Arbitration Commission), the Federal Council shall ensure that there is a balanced composition of members that takes appropriate account of specialist knowledge, the four linguistic communities, the regions of the country as well as both genders.
The Federal Council shall designate the chair, the co-arbitrators, their deputies and additional arbitrators. The vice-chair is chosen from the co-arbitrators.
The Federal Department of Justice and Police (the Department) shall publish the surnames, first names and places of residence of the newly-appointed members in the Federal Gazette.
The Department shall submit proposals to the Federal Council insofar as appointments and administrative matters fall within its competence.
Art. 25 Legal status
The term of office, resignation from the Arbitration Commission and entitlement to remuneration of members of the Commission are governed by the Commissions Ordinance of 3 June 19966.
The members of the Commission are bound by official secrecy.
Art. 3 Administrative management
The chair is responsible for the administrative management of the Arbitration Commission. If the chairperson is unable to carry out this task, it shall be undertaken by the vice-chair.
The secretariat (Art. 4) may be called upon for support in administrative activities.
Art. 4 Secretariat
In agreement with the chair of the Arbitration Commission, the Department shall appoint the secretariat of the Arbitration Commission, which shall be headed by a legal secretary. The Department shall provide the necessary infrastructure.7
The employment relationship of the secretariat personnel is governed by federal legislation on the personnel of the Confederation.8
The secretariat is independent from the administrative authorities in carrying out its functions and is only bound to the instructions of the chair.
The legal secretary shall carry out the following tasks, in particular:
drafting decisions, consultations and communications addressed to parties and authorities;
taking minutes;
maintaining documentation, providing the public with information about the Arbitration Commission and editing decisions intended for publication.
The legal secretary acts in an advisory capacity in procedures in which he or she is taking minutes.
Art. 59 Information
The Arbitration Commission shall publish its decisions of fundamental importance in official or non-official organs that provide information on administrative justice.
It may publish its decisions in a database on its website.
Art. 6 Seat
The Arbitration Commission has its seat in Bern.
Art. 710 Accounting
For the purposes of accounting, the Arbitration Commission is considered an administrative unit of the Department. The Department shall enter the Commission's revenue and expenditure in the budget; the expenditure shall be separated into personnel costs and material costs.
Art. 811
Section 2 Procedure
Art. 9 Submission of a request
With the request for approval of a tariff, the collective rights management organisations shall submit the necessary documents and a short report on the negotiations with the relevant user associations (Art. 46 para. 2 CopA).
Requests for approval of a new tariff must be presented to the Arbitration Commission at least seven months prior to the intended entry into force of the tariff. In justified cases, the chair may derogate from this time limit.
If the negotiations have not been carried out with the required diligence, the chair may return the documents and set another time limit.
Art. 10 Initiation of the procedure
Based on Article 57 CopA, the chair shall initiate the approval procedure by appointing the members of the Arbitration Board and issuing them with copies of the submissions with annexes and other documents if necessary.
The chair shall send the request for approval of a tariff to the relevant user associations participating in the negotiations with the collective rights management organisations and set an appropriate time limit for them to comment in writing.
If it is clear from the request for approval that the negotiations with the relevant user associations (Art. 46 para. 2 CopA) have resulted in an agreement, it is not necessary for the associations to comment.
Art. 1112 Decisions by circulation
Decisions are made by circulation provided that the relevant associations of users have agreed to the tariff and if no member of the Arbitration Board has submitted a request to convene a meeting; interim decisions are made by circulation.
Art. 12 Convening a meeting
The chair shall determine the date of the meeting, convene the members of the Arbitration Board and notify the collective rights management organisations and user associations involved in the procedure in a timely manner.
The meetings generally take place at the seat of the Arbitration Commission (Art. 6).
Art. 13 Hearing
The parties involved have the right to a hearing.
Art. 14 Deliberation
If the hearing does not result in an agreement among the parties, the Arbitration Board shall immediately begin its deliberation.
The deliberation and the subsequent vote shall take place in the absence of the parties.
In the event of a tied vote, the chair shall have the casting vote.
Art. 15 Adjustment of the tariff proposal
If the Arbitration Board finds that a tariff or individual provisions of a tariff cannot be approved, it shall give the collective rights management organisation the opportunity to amend its tariff proposal before a decision is made so that it may be approved.
If the collective rights management organisation does not use this opportunity, the Arbitration Board may make the necessary modifications itself (Art. 59 para. 2 CopA).
Art. 16 Notification of the decision
The chair shall give notice of the decision following the deliberation, orally or in the form of written conclusions.13
The chair shall independently examine and approve the written statement of reasons; if the wording raises questions, it may be presented to the other members of the Arbitration Board by circulation.14
The period within which an appeal may be filed begins with the service of the reasoned written decision.15
The members of the Arbitration Board and the legal secretary shall be named in the decision; it shall be signed by the chair and the legal secretary.
Section 316 Fees
Art. 16a Fees and expenses
The fees for the examination and approval of the collective rights management organisations’ tariffs (Art. 55–60 CopA) are governed mutatis mutandis by Articles 1 letter a, 2 and 14–18 of the Ordinance of 10 September 196917 on Fees and Costs in Administrative Procedures.
The expenses of the Arbitration Commission shall be invoiced separately. The following are considered expenses:
daily allowances and remuneration;
costs of gathering evidence, scientific investigations, special examinations and obtaining necessary information and documents;
costs of work which the Arbitration Commission commissions third parties to carry out;
transmission and communication costs.
Art. 16b Payment obligation
The collective rights management organisation submitting the tariff for approval must pay the fees and expenses.
If two or more collective rights management organisations are obliged to pay the same costs, they are jointly and severally liable.
In justified cases, the Arbitration Commission may impose part of the costs on the user associations involved in the proceedings.
Art. 16c Due date
The fees and expenses become due with the service of the reasoned written decision.
Art. 16d Applicability of the General Fees Ordinance
In the absence of any specific provision in this Ordinance, the provisions of the General Fees Ordinance of 8 September 200418 apply.
Chapter 1a.19 Monitoring Office for Technological Measures
Art. 16e20 Organization
The Swiss Federal Institute of Intellectual Property (IPI) shall perform the duties of the specialized agency referred to in Article 39b, paragraph 1, of the Copyright Act.
Art. 16f Execution of tasks
Based on its own observations (Art. 39b para. 1 let. a CopA) or based on reports (Art. 16g), the monitoring office shall investigate whether there are indications of misuse of technical measures.
If it discovers such indications, (Art. 39b para. 1 let. b CopA), it shall, as liaison body, seek an amicable agreement with the parties involved.
It does not have the power to make decisions or give instructions.21
In exercising its powers, it may also call upon agents who do not form part of the Federal Administration; these persons are bound by a duty of confidentiality.
Art. 16g Reports
Any person who suspects that technological measures are being misused may report this in writing to the monitoring office.
The monitoring office shall confirm receipt of the report and examine it in accordance with Article 16f paragraph 1.
It shall inform the concerned parties of the result of its investigations.
Chapter 2 Protection of Computer Programs
Art. 17
The permitted use of a computer program in accordance with Article 12 paragraph 2 CopA includes:
the use of the program in accordance with its intended purpose including loading, displaying, running, transmitting or storing the program as well as producing a copy of the work as required for carrying out these activities by the lawful acquirer;
observing, studying or testing the functioning of the program for the purpose of determining the ideas and principles underlying a program element when this is done in the context of performing acts of use of the program in accordance with its intended purpose.
Necessary information on interfaces under Article 21 paragraph 1 CopA is information which is essential for establishing the interoperability of an independently developed program with other programs and which is not readily accessible to users of the program.
Unreasonable prejudice of the normal exploitation of the program within the meaning of Article 21 paragraph 2 CopA occurs in particular when the interface information obtained by decoding is used to develop, produce or commercialise a program that is expressed in a largely similar form.
Chapter 2a …
Art. 17a22
Chapter 323 Assistance in the Movement of Goods into or out of the Customs Territory
Art. 18 Scope
This chapter applies to assistance in the movement of goods into or out of the customs territory where there is a suspicion that their distribution violates the legislation in force in Switzerland regarding copyright or related rights.
Art. 18a Small Consignment
A small consignment is defined as a shipment containing no more than three items and having a gross weight of less than five kilograms.
Art. 18b Request for Assistance
Holders of copyright or related rights, or licensees entitled to bring legal action (applicants), must submit a request for assistance to the Federal Office of Customs and Border Security (FOCBS).
The BAZG shall decide on the application no later than 40 days after receiving the documents, once these have been submitted to the BAZG in full.
The approved application is valid for two years unless it is submitted for a shorter period of validity. It may be renewed.
Art. 19 Detention of Goods
If the BAZG detains goods, it shall store them for a fee or, at the applicant’s expense, entrust them to a third party for safekeeping.
It shall notify the applicant of the name and address of the declarant, holder, or owner, a detailed description, the quantity, and the sender of the detained goods.
If the goods constitute a small consignment and were destroyed under the simplified procedure, the Office shall notify the applicant of the quantity and type of the destroyed goods, as well as the sender.
If it is already clear before the expiration of the time limit under Article 77(3) or (4) of the Copyright Act (URG) that the applicant cannot obtain precautionary measures, the goods shall be released immediately.
Art. 20 Transfer of jurisdiction in the case of small consignments
If the goods being detained constitute a small consignment, the OFCM shall transfer jurisdiction for the conduct of the proceedings to the IPI and shall hand over the goods to the IPI or to a third party designated by the IPI for safekeeping.
If the IPI is the applicant, the OFCM shall remain competent.
Art. 20a Samples or specimens
The applicant may request the handover or mailing of samples or specimens for examination or the inspection of the goods.
The BAZG may also provide the applicant with photographs of the detained goods in lieu of samples or specimens, provided that these allow for an examination.
The request may be filed together with the request for assistance with the BAZG or, while the goods are being detained, with the competent authority.
Art. 20b Protection of Trade and Business Secrets
The declarant, holder, or owner of the goods may request the BAZG to refuse the taking of samples or specimens. The request must be substantiated.
The BAZG shall inform the declarant, holder, or owner of the goods of the option under paragraph 1 and shall grant him or her a reasonable period of time.
If the BAZG permits the applicant to inspect the detained goods, it shall, when determining the time, take due account of the interests of the applicant as well as those of the declarant, holder, or owner.
Art. 20c Preservation of Evidence in the Event of Destruction of the Goods
The BAZG shall retain the samples or specimens for one year from the date of notification to the applicant, holder, or owner that the goods are being retained. After this period has expired, it shall request the declarant, holder, or owner to take possession of the samples or specimens or to bear the costs of further storage. If the declarant, holder, or owner fails to comply with the request or does not respond within 30 days, the BAZG shall destroy the samples or specimens.
The BAZG may, instead of taking samples or specimens, take photographs of the destroyed goods, provided that this ensures the purpose of securing evidence.
Art. 20d Processing, Disclosure, and Retention of Personal Data and Data of Legal Entities
The authorities responsible for the enforcement of mutual assistance are authorized to process the following personal data and data of legal entities concerning persons involved in the movement of goods into or out of the customs territory or in the provision of mutual assistance, for the purposes set forth in Articles 75–77hbis of the Copyright Act, in particular in connection with the processing of requests for assistance, the reporting of suspicious shipments, the detention or destruction of goods, and the removal or dispatch of samples and specimens:
Personal details of the applicant, sender, declarant, holder, or owner of the goods, including their first and last names or company name and address;
Information and documents relating to applications under Article 76 of the URG;
Information and documents regarding the goods detained pursuant to Article 77 of the Copyright Act;
Information and documents regarding assistance, including the detention and destruction of goods as well as the taking and dispatch of samples and specimens.
If the IPI is responsible for conducting the proceedings, the OFC shall provide it with the necessary data pursuant to paragraph 1.
The competent authorities may retain the data for as long as required for the purpose of processing, but for no longer than five years after the expiration of the validity of a request for assistance or after the assistance has been provided.
Art. 21 Fees
The fees for assistance provided by the BAZG are governed by the Ordinance of 4 April 200724 on the Fees of the Federal Office for Customs and Border Security.
If the IGE is responsible for conducting the proceedings, the fees are governed by the IGE Ordinance of 14 June 201625 on Fees.
Chapter 4 …
Art. 21a –21f26
Chapter 527 Final Provisions
Art. 22 Repeal of current law
The following are repealed:
the Implementing Ordinance of 7 February 194128 to the Federal Act on the Collection of Copyright Royalties;
the Ordinance of the FDJP of 8 April 198229 on the Granting of Authorisations for the Exploitation of Copyrights;
the Regulations of 22 May 195830 of the Federal Arbitration Commission on the Exploitation of Copyrights.
Art. 23 Commencement
This Ordinance comes into force on 1 July 1993.