All that glitters is not gold
For Christmas, I ordered a piece of jewellery from a high-end brand for my mum. I found it at a very attractive price on an Asian website. However, I received a letter from customs informing me that my parcel had been seized and that I could face problems... What is happening to me?
Kendall
Every year, thousands of parcels from Asia cross our borders, containing counterfeit jewellery, watches and fashion accessories; the authorities therefore pay particular attention to them.
Under Swiss law, the Trademark Protection Act (LPM) and the Designs Act (LDes) prohibit the importation of counterfeit goods, even by private individuals. Swiss customs officials are particularly vigilant during the festive season. When counterfeit goods are identified in postal parcels, they may be seized and destroyed. Your gift may not escape this unenviable fate.
To console you, you should know that unlike our European neighbours, who severely punish this type of import, Switzerland does not systematically impose criminal fines on individuals for such offences. The LPM does provide for penalties in cases of fraudulent use or distribution of imitations, but in practice, these provisions mainly target serious or commercial cases. Ordinary consumers will therefore not, in principle, be prosecuted, except in cases of obvious repeat offences or large-scale imports.
However, be aware of the civil consequences, which can be costly. The trademark owner could take action against you if the customs authorities have informed them of your case and send you a letter claiming damages, turning your initial savings into a hefty bill.
What should you do in your situation? The wisest and most economical solution: if you are not entirely sure that the product you ordered is genuine, agree to have the goods destroyed. You will then only pay the administrative costs of around CHF 100, but you will not be required to pay any fines or compensation, which is ultimately the lesser of two evils.
The moral of this Christmas story? Beware of bogus websites and stick to official ones: it's better to give a modest but genuine gift than a fake luxury item that ends up in the bin... or the rubbish tip!
