Ensuring Authenticity: The Swiss Indication of Source and ‘Swissness’ Calculator

Introduction

Switzerland, renowned for its precision and quality, takes great pride in safeguarding the integrity of its “Swiss Made” brand. The “Swissness” legislation provides a robust framework to strengthen this brand, preventing wrongful use and ensuring the long-term value of the label.

This article explores the criteria for using the “Swiss Made” brand, the fight against wrongful use, the role of the Swiss authorities, and the innovative ‘Swissness’ calculator for industrial products.

Criteria for Using the “Swiss Made” Brand

The “Swiss Made” designation is not restricted by authorization, but adherence to legally defined criteria for determining origin is crucial. Products are categorized into natural products, foodstuffs, industrial products, and services. The use of accurate indications of source is allowed, ensuring that if a product claims to be Swiss, it genuinely originates from Switzerland.

Swiss Cross vs. Swiss Coat of Arms

The “Swiss” indication, whether standalone or combined with other terms like “Made in Switzerland,” is considered an indication of source. Figurative marks such as the Swiss cross are permitted for advertising, ensuring that the product is accurately represented. However, private companies are prohibited from using the Swiss coat of arms.

Fighting Wrongful Use

To maintain the reputation of Swiss products, stringent measures are in place to combat wrongful use. The Trade Mark Protection Act forms the basis for fighting misuse, with legal consequences for those violating the criteria. The Swiss authorities, including the Swiss embassies, play a crucial role in enforcing protection both domestically and abroad. Criminal charges and civil actions can be taken against offenders, with trade and consumer protection associations also authorized to file charges.

“Swissness” Legislation and Industry Ordinances

The new ‘Swissness’ legislation, including revisions to trade mark protection acts and coats of arms regulations, sets stringent criteria for the use of the “Swiss Made” brand. Industry ordinances, initiated by trade associations, further define criteria for specific goods or services, ensuring precision and adherence to sector-specific nuances.

The ‘Swissness’ Calculator

The ‘Swissness’ calculator for industrial products is a unique tool that helps businesses calculate the percentage of Swiss origin. Though it provides valuable insights, the calculator’s results are not legally binding. Courts ultimately determine whether a product meets the statutory ‘Swissness’ requirements. Users should exercise caution, as the Federal Institute of Intellectual Property (IPI) accepts no liability for the accuracy of the calculator results.

Conclusion

Switzerland’s commitment to preserving the authenticity of its products is evident through the “Swissness” legislation and the ‘Swissness’ calculator. These measures not only deter wrongful use but also empower consumers to make informed choices. As the ‘Swissness’ legislation evolves, it continues to be a cornerstone in maintaining the unparalleled reputation of Swiss products on a global scale.