The Federal Assembly of the Swiss Confederation, on the basis of Article 122 of the Federal Constitution1,2 decrees: 2 Amended by Annex No 1 of the FA of 21 June 2013, in force since 1 Jan. 2017 (AS 2015 3631; BBl 2009 8533). |
Section 1 Organisational Form and Tasks |
Art. 1 Organisational form
1 The Swiss Federal Institute of Intellectual Property (IPI)4 is a public law institution of the Confederation with its own legal personality. 2 The IPI is autonomous in its organisation and operational management; it keeps its own accounts. 3 The IPI is run in accordance with business principles. 4 Expression in accordance with Annex No 1 of the FA of 21 June 2013, in force since 1 Jan. 2017 (AS 2015 3631; BBl 2009 8533). This amendment has been made throughout the text. |
Art. 2 Tasks
1 The IPI shall fulfil the following tasks:
2 The Federal Council may assign further tasks to the IPI; Articles 13 and 14 apply.6 3 The IPI shall work with the European Patent Organisation, with other international organisations and with domestic and foreign organisations. 3bis In performing the tasks under paragraph 1 letter f, the IPI may conclude international treaties of limited scope. In this regard, it shall coordinate with other federal agencies involved in international cooperation.7 4 It may use the services of other administrative units of the Confederation in return for remuneration. 5 Amended by Annex No II 2 of the Designs Act of 5 Oct. 2001, in force since 1 July 2002 (AS 2002 1456; BBl 2000 2729). 6 Amended by No I 1 of the FA of 17 June 2005 on the 2004 Budgetary Relief Programme, in force since 1 Jan. 2006 (AS 2005 5427; BBl 2005 759). 7 Inserted by Annex No 1 of the FA of 21 June 2013, in force since 1 Jan. 2017 (AS 2015 3631; BBl 2009 8533). |
Section 2 Governing Bodies and Personnel |
Art. 4 The Institute Council
1 The Institute Council consists of the president and eight other members. 2 It shall approve the annual report, the annual financial statements and the IPI’s budget. 3 It shall submit the fee regulations to the Federal Council for approval.8 4 It shall determine the composition of the Executive Board. 5 Article 6a paragraphs 1–5 of the Federal Personnel Act of 24 March 20009 applies by analogy to the remuneration of the members of the Institute Council and other contractual conditions agreed with these persons.10 8 Amended by No I 1 of the FA of 17 June 2005 on the 2004 Budgetary Relief Programme, in force since 1 Jan. 2006 (AS 2005 5427; BBl 2005 759). 10 Inserted by No I 1 of the FA of 20 June 2003 on the Remuneration and Other Contractual Conditions of Senior Staff and Management Officers of Federal Enterprises and Institutions, in force since 1 Feb. 2004 (AS 2004 297; BBl 2002 74967514). |
Art. 5 The Director General
1 In performing sovereign activities, the Director General shall be bound by the instructions of the Federal Council or the competent department; this is without prejudice to Article 1 paragraph 2 and the special legislation. 2 The Director General shall preside over the Executive Board and report annually to the supervisory authority on the activities of the IPI. |
Art. 7 Management
1 The Executive Board shall be responsible for the management of the IPI unless the Institute Council is expressly responsible under Article 4 or Article 8 paragraph 3. 2 It shall prepare the annual report, the financial statements and the budget every year. |
Art. 8 Personnel
1 The IPI shall employ its personnel in accordance with public law; the Federal Council shall enact the necessary provisions. 2 The IPI shall have full competence in employing its personnel. 3 The terms of employment of the members of the Executive Board shall be set by the Institute Council. Article 6a paragraphs 1–5 of the Federal Act of 24 March 200011 on the Personnel of the Swiss Confederation applies by analogy12. 12 Second sentence inserted by No I 1 of the FA of 20 June 2003 on the Remuneration and Other Contractual Conditions of Senior Staff and Management Officers of Federal Enterprises and Institutions, in force since 1 Feb. 2004 (AS 2004 297; BBl 2002 74967514). |
Section 3 Supervision |
Section 4 Planning and Financing |
Art. 12 Operating funds 13
The IPI’s operating funds shall consist of the fees for its sovereign activities and remuneration for services. 13 Amended by No I 1 of the FA of 17 June 2005 on the 2004 Budgetary Relief Programme, in force since 1 Jan. 2006 (AS 2005 5427; BBl 2005 759). |
Art. 13 Fees for sovereign activities
1 The IPI shall charge fees in connection with the granting and maintenance of intellectual property rights, the keeping and publication of registers, the granting of authorisations, and the supervision of collective rights management organisations and legally required publications. 2 …14 3 The IPI’s fee regulations are subject to approval by the Federal Council. 14 Repealed by No I 1 of the FA of 17 June 2005 on the 2004 Budgetary Relief Programme, with effect from 1 Jan. 2006 (AS 2005 5427; BBl 2005 759). |
Art. 1515
15 Repealed by No I 1 of the FA of 17 June 2005 on the Budgetary Relief Programme 2004, with effect from 1 Jan. 2006 (AS 2005 5427; BBl 2005 759). |
Section 5 Referendum and Commencement 16
16 Amended by No II 6 of the FA of 20 March 2008 on the Formal Revision of Federal Legislation, in force since 1 Aug. 2008 (AS 2008 3437; BBl 2007 6121). |
Art. 1817
17 Repealed by No II 6 of the FA of 20 March 2008 on the Formal Revision of Federal Legislation, with effect from 1 Aug. 2008 (AS 2008 3437; BBl 2007 6121). |
Art. 19 …18
1 This Act is subject to an optional referendum. 2 The Federal Council shall determine the commencement date. Commencement date:19 1 January 1996 18 Repealed by No II 6 of the FA of 20 March 2008 on the Formal Revision of Federal Legislation, with effect from 1 Aug. 2008 (AS 2008 3437; BBl 2007 6121). 19 FCD of 25 Oct. 1995. |
Annex |
Amendment of current legislation |
…20 20 The amendments can be consulted under AS 1995 5050. |