What is at Issue?

The Swiss Parliament is set to decide on a motion entitled «Besserer Schutz des geistigen Eigentums vor KI-Missbrauch» («Better protection of intellectual property from AI abuse»). Introduced in late 2024, the motion was – in the eyes of many observers unexpectedly – endorsed by the Federal Council and approved by the Council of States. The outcome of the motion will soon be determined by the National Council.

What Are the Motion’s Objectives?

The motion highlights that AI poses risks to the protection of copyrighted works. It argues that the rapid AI developments threaten intellectual property rights, innovation and fair competition in Switzerland.

To counter these risks, the use of copyrighted works in connection with generative AI systems would be permitted only with the rights holder’s consent. In particular, using copyrighted works to train AI systems would require prior authorization from the rights holder. Moreover, the motion seeks to prohibit AI providers (such as ChatGPT) from relying on copyright limitations – e.g. the right to use works for scientific research.

With its focus on media and journalistic content, the motion aligns with a series of political initiatives in recent years aimed at strengthening the copyright position of media companies. In the same vein, the Federal Council has recently submitted to Parliament a draft amendment to the Copyright Act introducing a neighboring right for media companies and journalists, granting them a remuneration claim. It is important to note, however, that the impact of the motion is not limited to journalistic content; its scope would reach beyond and encompass other copyrighted works.

What is the Potential Impact of the Motion’s Implementation?

While the motion claims to promote innovation and fair competition in Switzerland, its implementation would likely have the opposite effect as it only protects the rights holders› interests in a one-sided manner. By introducing a statutory requirement for prior authorization, the implementation of the motion would place Swiss AI developers and users at a significant disadvantage compared to other countries. The impact would extend beyond technology companies to researchers and the use of AI in everyday business operations.

In practice, the motion would render the training of AI models effectively impossible in Switzerland. Given the vast amounts of data required, obtaining consent from all relevant rights holders would be unfeasible. The consequences for AI research and development in Switzerland could therefore be severe: research institutions and companies are unlikely to accept the administrative burden of such an isolated Swiss regime. Instead, there is a serious risk of relocation abroad, which could lead to AI applications no longer being offered in Switzerland.

Statement and Outlook

Parliament’s engagement in the debate on reconciling copyright law with the use of protected works in AI applications is a positive development. However, the approach proposed by the motion – which is unparalleled in the international regulatory landscape – would tip the scales too far in favor of rights holders, which would harm AI developers and users and jeopardize Switzerland’s position as an innovation hub, including in the field of AI.

Whether the National Council will pass the motion remains to be seen. The Science, Education and Culture Committee of the National Council is currently reviewing the proposal, with a plenary vote in the National Council expected in autumn. Should the motion pass, the Federal Council would be required to draft legislation implementing its demands.

Adopting and implementing the motion would pre-empt ongoing discussions on alternative, less intrusive approaches to achieving a fair balance of interests. This includes, in particular, the consultation draft on AI regulation commissioned by the Federal Council, which is to be presented by the end of 2026 (see our bulletin of 13 February 2025). Given the significance of the issue, the preparation of that draft appears to be the more appropriate framework for developing an approach on how to navigate the interplay between AI and copyright.