Artificial intelligence (AI) is of strategic importance to Switzerland’s economic competitiveness, scientific excellence, and social development. This makes a balanced approach to intellectual property protection all the more important. Switzerland must focus on prevention, legal certainty, and international compatibility—not on barriers that hinder research and innovation.
The Gössi motion (24.4596) addresses a legitimate concern: protecting intellectual property in the age of AI. In its current form, however, it goes far beyond this goal. Instead of the internationally established opt-out standard¹ it calls for a strict opt-in² for Switzerland: any use of protected content for AI would have to be explicitly authorized in advance.
This would have serious consequences:
• Obstacles to research and innovation: Important exceptions to copyright law, particularly the research exception, would be eliminated. Universities, startups, and companies would thus face insurmountable hurdles, as it would be practically impossible to obtain consent on a global scale.
• Competitive disadvantage for Switzerland as a business location: While AI innovations are being driven forward internationally, Switzerland would be sidelining itself. Global providers could block their services for the Swiss market, which would amount to digital self-isolation.
• Threat to economic dynamism: Swiss companies, particularly SMEs, would be denied the opportunity to use AI efficiently, optimize processes, develop new business models, and remain innovative and competitive thanks to AI.
• Decline in productivity and innovation: Innovative Swiss companies would have no chance of keeping up in one of the most promising fields. This also weakens competitiveness when it comes to attracting talent.
Our recommendation:
swissAI recommends rejecting the Gössi motion in its current form. Instead, the following measures are more effective:
1. Legal certainty and compensation
Establishing a clear legal framework for an expanded collective license that allows content to be used in exchange for compensation. Rights holders can opt out or enter into specific licensing agreements.
2. Technical controls instead of bans
Introduction and international coordination of a machine-readable standard (e.g., further development of robots.txt3, llms.txt4) as a binding opt-out signal. This provides rights holders with a simple, effective tool for control.
3. Protection for hybrid AI content
Examining whether AI-generated content that involves significant human input should be eligible for protection in order to create incentives for high-quality work.
4. Strengthening the Diversity of Information
Promoting regional and up-to-the-minute reporting as part of public service broadcasting to ensure access to key information independent of global AI platforms.
5. Maintaining Competitiveness
Ensuring that Swiss companies can use AI to compete internationally—to drive innovation, boost productivity, and attract skilled workers.
Next Steps:
We suggest convening a roundtable—following the successful example of AGUR125—where policymakers, academics, the business community, and rights holders can work together to develop a viable, internationally compatible solution.
Definitions of Terms
1Opt-out standard: Content may generally be used as long as rights holders do not expressly object. This approach is internationally established and fosters innovation while allowing licensors to retain control.
2Opt-in standard: Content may only be used if rights holders have expressly granted their consent in advance. This approach is administratively very burdensome and significantly hinders innovation.
3robots.txt: A text file on websites that allows content managers to specify whether and which content may be indexed by search engines or other bots.
4llms.txt: A proposed new standard modeled after robots.txt, designed specifically to regulate whether content may be used to train large language models (LLMs).
5AGUR12: Abbreviation for “Copyright Working Group 2012,” a roundtable established by the Federal Council and stakeholders to develop proposals for the further development of Swiss copyright law. AGUR12 achieved concrete results based on broad support and a consensus-oriented approach.