The Swiss Advertising Federation (SW) published its position on the new Federal Act against Unfair Competition (UCA) on Thursday. As part of the ongoing consultation procedure on the creation of a new criminal offense in the area of ambush marketing (free-rider marketing), the umbrella association will submit a negative opinion to the Federal Council before the deadline in mid-August. SW has sent the letter, dated August 10, to Werbewoche.
After consulting the Board of Directors and the members of the association, SW has come to the conclusion that the existing legal standards already offer sufficient protection against inadmissible references in commercial communication.
In addition, the new article of law "would introduce a new monopoly law that is contrary to the system and hostile to the economy in favor of the particular interests of individuals." The article is also not constitutional, as the requirements of public interest and proportionality are not met, the letter continues. The provisions on administrative and legal assistance are also superfluous and contrary to the system, as civil and criminal law standards and international obligations already exist.
In mid-May, the federal government opened the consultation procedure for the amendment of the Federal Act against Unfair Competition (UWG). The amendment provides for better protection against parasite marketing. With a view to the 2008 European Football Championships in Switzerland and Austria, the federal government wants to use the amendment to strengthen protection against ambush marketing campaigns. The aim of the amendment to the UCA is to declare "unjustified references to third parties and their services in a parasitic manner" as unfair if they are likely to "exploit the reputation of third parties or their services".