01
Blockchain regulation in Switzerland: key points
- Switzerland regulates activities, not technologies; there is no standalone blockchain law.
- Blockchain software is protected by copyright like any other computer code.
- Copying individual lines of code is not sufficient to circumvent copyright protection.
- Blockchain software is generally not patentable unless it achieves a technical effect.
02
Does Switzerland have a standalone blockchain law?
No. A central principle of the Swiss legal system is technology neutrality: activities are regulated, not individual technologies, regardless of the form or channel through which they are carried out. There is therefore no standalone Swiss regulation of blockchain or distributed ledger technology as such. Whether an activity is regulated depends not on whether it is performed through a blockchain, but solely on what the activity actually involves.
03
Is blockchain software protected by copyright?
Yes. From an intellectual property perspective, blockchain and cryptoassets are treated like ordinary computer code. Source code with individual character may be protected under the Swiss Copyright Act. Ideas, concepts and algorithms as such are not covered. They may be used to create new, independent software, provided its architecture and coding differ fundamentally. Whether an adaptation reproduces the protected form of expression must be assessed individually; merely cosmetic changes do not automatically create an independent work. In addition to possible patent protection, algorithms and concepts may also be protected under unfair competition or trade secret law.
04
Can I patent my blockchain software?
Generally not, even if the software meets the criteria of novelty, inventive step and industrial applicability. An exception exists where the software achieves a technical effect. Under case law, this is the case where software interacts with physical data or software-controlled devices in a novel way. For example, a program creating novel interactions between processors compared with existing systems has been recognised as patentable. Pure logical methods and algorithms are not patentable as such, but their application may be patentable if it produces a technical effect. Digital filtering of image data using particular mathematical methods has, for example, been recognised as patentable.
05
Frequently asked questions
Do I need to register my blockchain application with an authority simply because it uses blockchain? No. Only the activity carried out with it is decisive, not the technology used.
Is a minor change to the code enough to avoid plagiarism? No. A minor change is not sufficient; the new software must differ fundamentally in its architecture and coding.
Can I protect an algorithm as such? Not through copyright and generally not through patent law either, although protection may be available under trade secret or unfair competition law.
When is blockchain software patentable? Only where it achieves a technical effect, such as a novel interaction with physical data or hardware.
Does the regulation change if I carry out the same activity without blockchain? No. Because Swiss law is technology-neutral, the regulatory classification remains the same regardless of the technology used.
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