IP litigation in Switzerland is currently still governed by the codes of civil procedure in each of the 26 cantons, all of which differ significantly from each other. Under the revised Federal Constitution of 1999, the Swiss federation is now entitled to legislate in the field of court organisation and civil procedure. This shift in competence will have an impact on IP litigation in Switzerland, both with respect to court competence and to the proceedings.
As a first major step, the establishment of the proposed Federal Patent Court could the change the IP court system as we know it; furthermore, the planned Federal Code of Civil Procedure will also harmonise the procedural rules for IP litigation on a nationwide basis.
