IP/C/R/GI/CHE/1  
 
1 March  2022 
(22-1929) Page: 1/26 
Council for Trade -Related Aspects  of 
Intellectual Property Rights  Original: French  
 
  
REVIEW UNDER ARTICLE 24.2 OF THE APPLICATION OF THE PROVISIONS OF THE 
SECTION OF THE TRIPS AGREEMENT ON GEOGRAPHICAL INDICATIONS  
RESPONSES TO THE CHECKLIST OF QUESTIONS1 
SWITZERLAND  
This document contains updated responses to the Checklist of Questions, which the Secretariat 
received from  Switzerland by means of a communication from its Permanent Mission dated 
14 February  2022.  
 
_______________  
 
 
A. General  
1.  Is protection for geographical indications provided through unfair competition law, 
e.g., passing off, false designation of origin; through a formal procedure for 
notification/registration before protection is available; or through both? Does the 
recogniti on of a geographical indication require registration?  
Under Swiss law, the protection of a geographical indication does not require its registration. This 
protection is ensured, for all products, through protection of indications of source, which is grant ed 
automatically under the Law on the Protection of Trademarks and Indications of Source (LPM), 
without any formal notification or registration procedure, provided that the legal conditions are 
satisfied. The basis for the definition of a region or geograp hical area is set forth in Article 48 of the 
LPM. Where the use of an unregistered geographical indication is contested, it falls to a court to 
define the region or geographical area concerned, taking into consideration  possible  additional 
requirements oth er than solely the geographical source, such as observance of customary or locally 
prescribed manufacturing or processing principles or quality requirements, and taking into account 
the understanding of the relevant public and, where appropriate, the influ ence that the additional 
requirements have on the reputation of the products.  
 
A formal procedure for registration as an appellation of origin or geographical indication exists for 
all products apart from wine.  
 
Geographical indications for Swiss wines are  defined by specific regulations at federal and cantonal 
level.  Protection is therefore not granted through registration, but via legislative channels.  
A qualified Swiss  indication of source, within the meaning of Article 48.2 and 48.3 of the LPM, may 
be recognized and defined by a Federal Council ordinance under Article 50 of the LPM.  
 
A qualified geographical indication or indication of source protected by a Swiss or foreign sui  generis 
title may be registered as a geographical mark under Article 27a et seq. of the LPM.  
 
A foreign geographical indication may be protected in Switzerland under a directly applicable 
international agreement.  
 
1 Documents IP/C/13 and IP/C/13/Add.1. The four questions communicated in IP/13/Add.1 have been 
added to Sections A, B and F of the Checklist and appear as questions 7(a), 16(a), 16(b) and 46(a).  IP/C/R/GI/CHE/1  
 
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  The Federal Law on Unfair Competition (LCD) of 19  December  1986 focuses most notably on 
inaccurate or misleading descrip tions of goods, or measures liable to give rise to misunderstanding 
with respect to the goods of another person, and may be applied concurrently – in civil but not 
criminal law – to the protection derived from a special intellectual property (IP) law. Spec ial IP laws 
only exclude the application of the LCD where they regulate the matter thoroughly and, in particular, 
where they provide more extensive protection. Where an intellectual property right cannot be 
protected under a special law, or where the relev ant protection has not been obtained or no longer 
exists, protection cannot be acquired under the LCD. In other words, it is possible to have concurrent 
application of the LCD and IP laws but not to obtain an extension of the protection afforded by the 
IP laws by seeking recourse to the LCD.  
 
2.  Is there one single regime of protection of geographical indications for all products?  
If not, identify the different regimes.  
The single regime of protection for geographical indications is that of the protection of indications of 
source, without registration, under Article 47 et seq.  of the LPM.  
 
There are also a number of regimes offering protection according to the nature of t he product.  
 
• Geographical indications (both Swiss and foreign) for all types of products (apart from wines) 
may benefit from recognition as protected appellations of origin (PAO) or protected 
geographical indications (PGI) through registration in a federal  register. This registration can 
only be obtained by observing certain strict rules (representativeness of the applicant group, 
specification, public consultation, etc.).  
PAOs and PGIs  for agricultural products, processed agricultural products, forestry products 
and processed forestry products (hereinafter, agricultural PAOs and PGIs) are registered 
under Article  16 of the Law on Agriculture (LAgr) and Article 41a of the Law on Forests.  PAOs 
and PGIs for non -agricultural products (hereinafter, non -agricultural PAOs and PGIs) are 
registered under Article 50b of the LPM.  
 
• Geographical indications for Swiss wines are recognized by the cantons for wines produced 
in their territory, via canto nal legislation and in accordance with the provisions of the LAgr 
and Federal Ordinance on Wine.  
 
• PAOs and PGIs registered in Switzerland, Swiss or foreign wine appellations in conformity 
with the requirements of Article 63 of the LAgr, and indications of source that are the subject 
of an ordinance under Article 50.2 of the LPM or an equivalent foreign regulation, may also 
be registered as geographical marks under Article 27a et seq.  of the LPM.  
 
• Foreign geographical indications may be protected under an in ternational agreement 
covering all types of products or only certain categories of products.  
 
3.  Do(es) the regime(s) of protection of geographical indications also extend to services?  
No. However, indications of source for services benefit from the protecti on granted under Article  49 
of the LPM, which does not require registration, and may be the subject of a Federal Council 
ordinance under Article 50 of the LPM.  
 
4.  What provisions of law or regulations are directed to the recognition of geographical 
indicatio ns required by Articles 22.2 and 23.1 of the TRIPS Agreement?  Citations to laws 
should be provided and, if the texts of the laws have not been notified to the WTO, copies 
should be provided pursuant to Article 63.2.  
The relevant laws and regulations are as follows:  
• Federal Law on the Protection of Trademarks and Indications of Source of 28  August  1992 
(LPM; RS 232.11)2: in particular, Articles  27a-27e; 47 -52; 55 -60; 64 -65 and 67 -72h. 
 
2 Text notified to the TRIPS Council on 19 April 2017 (docume nt IP/N/1/CHE/23), 25 February 2022 
(document IP/N/1/CHE/33) and 1 March 2022 (document IP/N/1/CHE/43).  IP/C/R/GI/CHE/1  
 
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  • Ordinance on the Protection of Trademarks and Indications of Source of 23 December  1992 
(OPM; RS  232.111)3: in particular, Articles 52a -56. 
• Ordinance on the Registration of Appellations of Origin and Geographical Indications for 
Non-Agricultural Products of 2  September  2015 (Ordinance on Non -Agricultural PAOs and 
PGIs; RS 23 2.112.2).4 
• Ordinance on the Use of the Designation "Swiss" for Watches of 23  December  1971 
(RS 232.119).5 
• Ordinance on the Use of Swiss Indications of Source for Cosmetic Products of 23 November 
2016 (RS 232.112.3).6 
• Federal Law on Agriculture of 29  April 1998 (LAgr; RS 910.1)7: in particular, Articles 14, 16, 
63-64, 169 and 172 -175. 
• Federal Law on Forests of 4  October  1991 (LFo; RS 921.0): Article 41a.  
• Ordinance on the Protection of Appellations of Origin and Geographical Indicatio ns for 
Agricultural Products, Processed Agricultural Products, Forestry Products and Processed 
Forestry Products of 28  May 1997 (Ordinance on PAOs and PGIs; RS 910.12).8 
• Ordinance of the Federal Department of Economic Affairs, Education and Research (DEFR ) 
on the Minimum Control Requirements for Protected Appellations of Origin and Geographical 
Indications of 11  June 1999 (Ordinance on the Control of PAOs and PGIs; RS 910.124).9 
• Ordinance on Viticulture and the Importation of Wine of 14  November  2007 (Ord inance on 
Wine; RS 916.140)10 and various related cantonal regulations.  
 
5.  If the required recognition of geographical indications is not provided through statutes 
or regulations, please explain, in detail, the mechanism or mechanisms through which the 
prote ction required is provided.  
This question is not relevant to Switzerland.  
 
6.  Please provide a few examples of domestic geographical indications protected in 
accordance with the means discussed above and indicate the means by which such 
protection is provide d.  
• In the context of the Law on the Protection of Trademarks and Indications of Source (LPM ): 
"Swiss" or "Geneva" for watches, "Swiss" for chocolate.  
• In the context of the Ordinance on PAOs and PGIs (agricultural products ): 41 Swiss names 
had been registered as PAOs or PGIs by 31 December 2021, including Gruyère (PAO), 
Emmentaler (PAO), Viande séchée des Grisons (PGI), Longeole (PGI), Cardon épineux 
genevois (PAO), Pain de seigle valaisan (PAO) and Damassine (PAO).  
• In the co ntext of the Ordinance on the Registration of Appellations of Origin and Geographical 
Indications for Non -Agricultural Products : no registration applications have yet been 
submitted.  
• In the context of the Ordinance on Wine and cantonal legislation s: local appellations such as 
Rougemont; regional appellations such as Lavaux, Lac de Bienne and Vully; cantonal 
appellations such as Valais, Ticino and Schaffhausen; names of local wines such as Nostrano 
and Goron.  
 
 
3 Text notified to the TRIPS Council on 18 April 2017 (document IP/N/1/CHE/24) and 1 March 2022 
(document IP/N/1/CHE/42).  
4 Text notified to the TRIPS Council on 18  April 2017 (document IP/N/1/CHE/10).  
5 Text notified to the TRIPS Council on 18  April 2017 (document IP/N/1/CHE/11).  
6 Text notified to the TRIPS Council on 18  April 2017 (document IP/N/1/CHE/13).  
7 Text notified to the TRIPS Council on 18  April 2017 (document IP/N/1/CHE/14).  
8 Text notified to the TRIPS Council on 18 April 2017 (document IP/N/ 1CHE/G/15), 28 February 2022 
(document IP/N/1/CHE/37) and 1 March 2022 (document IP/N/1/CHE/41).  
9 Text notified to the TRIPS Council on 18  April 2017 (document IP/N/1/CHE/16).  
10 Text notified to the TRIPS Council on 24  September  2013 (document IP/N/1/CHE/ G/23).  IP/C/R/GI/CHE/1  
 
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  7.  Is the higher level of protection required for w ines and spirits under Article  23.2 of the 
TRIPS Agreement provided for any other product? If so, please specify such products and 
the law under which they are protected.  
The higher level of protection required for wines and spirits under Article 23.2 of t he TRIPS 
Agreement is provided, as for all other products, under Article 47.3 and 47.3 bis of the LPM. 
Furthermore, under Article 16.3, 16.6 and 16.7 and 63.6 of the LAgr and Article 50.4 of the LPM, 
geographical indications registered as protected appellat ions of origin or protected geographical 
indications may not become generic.  
 
7(a).   Does your country's industrial property law and/or related law prevent the use of 
geographical indications identifying wines or spirits against products not originating in  
the place indicated by the geographical indication, even where the true origin of the goods 
is indicated or the geographical indication is used in translation or accompanied by 
expressions such as "kind", "type", "style", "imitation" or the like?  
Yes, an d this prohibition applies to all products.  
 
Under Article 47.3 bis of the LPM, indications of source accompanied by expressions such as "kind", 
"type", "style" or "imitation" must also meet the requirements established for indications of source 
used withou t these expressions.  
 
This provision supplements Article 47.3 of the LPM, which most notably prohibits the use of incorrect 
indications of source or names that may be confused with an incorrect indication of source.  
 
B. Definition and Criteria for Recognition  
8.  How are geographical indications defined?  
The definitions vary according to the applicable laws and regulations.  
 
In the context of the LPM  
 
Indication of source:  any direct or indirect reference to the geographical source of products or 
services, including references to properties or quality in relation to the source. Geographical names 
or signs that are not considered by the relevant public to refer to the source  of goods or services 
are not indications of source within the meaning of the LPM (Article  47.1 and 47.2 of the LPM).  
• Direct  indications of source are precise designations of the geographical source of a product 
or service: names of places, continents, co untries, regions, towns, districts or valleys, or 
other names that, in the mind of the public, refer to a precise geographical source.  
• Indirect  indications of source do not refer to a particular place explicitly, but by means of 
verbal or figurative expres sions such as names or representations of mountains, lakes, rivers 
or monuments of national or international renown, well known emblems of cities, or names 
or figurative representations of famous historical figures such as "William  Tell". 
For certain quali fied indications of source, which include geographical indications, it is not enough 
for the product to come from the place designated by the indication of source: additional 
requirements must be met. These requirements are defined, where necessary, by the  courts, in 
accordance with the understanding of the relevant public and the influence that they will have on 
the reputation of the products concerned (Article 48.2 and 48.3 of the LPM).  
 
In the context of the Ordinance on Non -Agricultural PAOs and PGIs, A rticle 2 : 
• Appellation of origin : name identifying a product as originating in a particular country, region 
or locality, as having a certain quality or characteristics that are essentially or exclusively 
due to a particular geographical environment, with it s inherent natural and human factors, 
and as having been produced in its entirety within the defined geographical area.  
• Geographical indication : name identifying a product as originating in a particular country, 
region or locality and having a certain qual ity, reputation or other characteristic essentially 
attributable to this geographical origin.  IP/C/R/GI/CHE/1  
 
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  In the context of the Ordinance on PAOs and PGIs (agricultural products), Articles 2 and 3 : 
• Appellation of origin:  name of a region, a place or, in exceptional ca ses, a country, that is 
used to describe a product originating in that region, place or country, the quality or 
characteristics of which are essentially or exclusively due to a particular geographical 
environment, with its inherent natural and human factor s, and which is produced, processed 
and refined within a defined geographical area. Traditional names of products that meet 
these conditions may be registered as appellations of origin.  
• Geographical indication:  name of a region, a place or, in exceptional cases, a country, that 
is used to describe a product originating in that region, place or country, which has a specific 
quality, reputation or other characteristic attributable to that geographical origin and is 
produced, processed or refined within a defi ned geographical area. Traditional names of 
products that meet these conditions may be registered as geographical indications.  
In the context of the Ordinance on Wine, Articles 21 to 24 : 
• Controlled appellation of origin ( appellation d'origine  contrôlée , AOC ): name of a canton or 
a geographical area of a canton. The cantons establish the requirements applicable to AOCs. 
These must provide for: the delimitation of the geographical area in which at least the grapes 
are produced; a list of authori zed vine varieties; a list of authorized cultivation methods; a 
minimum natural sugar content for each authorized vine variety; a maximum yield per unit 
area for each authorized vine variety; a list of authorized vinification methods; a system for 
the anal ysis and organoleptic examination of wine ready for sale. The cantons verify that 
AOC wines meet the requirements they have established.  
• Local wine ( vin de pays ): wine named after a region or after part of a region where it extends 
over more than one canto n. Such wine must meet the following requirements: the grapes 
must be harvested in the geographical area after which the wine is named; the minimum 
natural sugar content required is at least 14.4° Brix for white grape varieties and 15.2° Brix 
for red grape  varieties; the yield per unit area is limited to 1.8  kg/m2 for white grape varieties 
and 1.6 kg/m2 for red grape varieties.  
• Local wines with a specific  traditional denomination : local wine produced from grapes grown 
in the geographical area of a single ca nton, bearing a traditional denomination that is listed 
in Annex 3 [of the Ordinance on Wine] and defined by the legislation of the canton concerned.  
• Swiss table wine:  wine made from grapes harvested in Switzerland with a required minimum 
natural sugar con tent of at least 13.6° Brix for white grape varieties and 14.4°  Brix for red 
grape varieties.  
9.  Would such a definition comprise geographical indications identifying products of a 
certain quality or reputation which are indirectly linked to a specific region?  
The notion of "indirect link" does not seem consistent with the definition of a geographica l indication 
under the TRIPS Agreement. At least one stage of production must take place in the geographical 
area concerned for the product to be considered as originating in the country, region or locality in 
question. Depending on the nature of the produ ct and the protection mechanism, this stage may be 
the production of raw materials (for example, in certain cases, grapes from a defined geographical 
area may be transformed into wine outside this geographical area, with the said wine nevertheless 
benefiti ng from the geographical indication pertaining to the region in which the grapes were grown) 
or the processing of raw materials not from the defined geographical area (for example, the metals 
used to manufacture a Swiss watch do not generally come from Swi tzerland).  
 
10.  In determining whether recognition should be given a geographical indication, what 
criteria are considered?  
The definitions vary according to the applicable laws and regulations.  
 
In the context of the LPM  
 
Indication of source : any direct or indirect reference to the geographical source of products or 
services, including references to properties or quality in relation to the source. Geographical names IP/C/R/GI/CHE/1  
 
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  or signs that are not considered by the relevant public to refer to the source of goods or se rvices 
are not indications of source within the meaning of the LPM (Article  47.1 and 47.2 of the LPM).  
• Direct  indications of source are precise designations of the geographical source of a product 
or service: names of places, continents, countries, region s, towns, districts or valleys, or 
other names that, in the mind of the public, refer to a precise geographical source.  
• Indirect  indications of source do not refer to a particular place explicitly, but by means of 
verbal or figurative expressions such as n ames or representations of mountains, lakes, rivers 
or monuments of national or international renown, well known emblems of cities, or names 
or figurative representations of famous historical figures such as "William  Tell". 
For certain qualified indication s of source, which include geographical indications, it is not enough 
for the product to come from the place designated by the indication of source: additional 
requirements must be met. These requirements are defined, where necessary, by the courts, in 
accordance with the understanding of the relevant public and the influence that they will have on 
the reputation of the products concerned (Article 48.2 and 48.3 of the LPM).  
 
In the context of the Ordinance on Non -Agricultural PAOs and PGIs, Article 2 : 
• Appel lation of origin:  name identifying a product as originating in a particular country, region 
or locality, as having a certain quality or characteristics that are essentially or exclusively 
due to a particular geographical environment, with its inherent natu ral and human factors, 
and as having been produced in its entirety within the defined geographical area.  
• Geographical indication:  name identifying a product as originating in a particular country, 
region or locality and having a certain quality, reputation  or other characteristic essentially 
attributable to this geographical origin.  
In the context of the Ordinance on PAOs and PGIs (agricultural products), Articles 2 and 3 : 
• Appellation of origin : name of a region, a place or, in exceptional cases, a country, that is 
used to describe a product originating in that region, place or country, the quality or 
characteristics of which are essentially or exclusively due to a particular geographical 
environ ment, with its inherent natural and human factors, and which is produced, processed 
and refined within a defined geographical area. Traditional names of products that meet 
these conditions may be registered as appellations of origin.  
• Geographical indicatio n: name of a region, a place or, in exceptional cases, a country, that 
is used to describe a product originating in that region, place or country, which has a specific 
quality, reputation or other characteristic attributable to that geographical origin and  is 
produced, processed or refined within a defined geographical area. Traditional names of 
products that meet these conditions may be registered as geographical indications.  
In the context of the Ordinance on Wine, Articles 21 to 24 : 
• Controlled appellatio n of origin ( appellation d'origine contrôlée , AOC ): name of a canton or 
a geographical area of a canton. The cantons establish the requirements applicable to AOCs. 
These must provide for: the delimitation of the geographical area in which at least the grap es 
are produced; a list of authorized vine varieties; a list of authorized cultivation methods; a 
minimum natural sugar content for each authorized vine variety; a maximum yield per unit 
area for each authorized vine variety; a list of authorized vinificat ion methods; a system for 
the analysis and organoleptic examination of wine ready for sale. The cantons verify that 
AOC wines meet the requirements they have established.  
• Local wine ( vin de pays ): wine named after a region or after part of a region where i t extends 
over more than one canton. Such wine must meet the following requirements: the grapes 
must be harvested in the geographical area after which the wine is named; the minimum 
natural sugar content required is at least 14.4° Brix for white grape vari eties and 15.2° Brix 
for red grape varieties; the yield per unit area is limited to 1.8  kg/m2 for white grape varieties 
and 1.6 kg/m2 for red grape varieties.  
• Local wines with a specific  traditional denomination : local wine produced from grapes grown 
in the geographical area of a single canton, bearing a traditional denomination that is listed 
in Annex 3 [of the Ordinance on Wine] and defined by the legislation of the canton concerned.  IP/C/R/GI/CHE/1  
 
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  • Swiss table wine : wine made from grapes harvested in Switzerland with a required minimum 
natural sugar content of at least 13.6° Brix for white grape varieties and 14.4°  Brix for red 
grape varieties.  
Where "criteria" is understood to mean the information that must accompany an applic ation for the 
recognition of a geographical indication (GI) as a PAO or PGI, they are as follows:  
 
• Agricultural PAOs and PGIs : the registration application must include, most notably, the 
name of the applicant group and proof of its representativeness; the  name to be registered; 
proof that the name is not generic; proof that the product comes from the geographical area 
concerned (historical records and traceability); evidence of the link with the geographical 
environment or geographical origin ( typicity of the product linked to its terroir ); a description 
of authentic and consistently applied local methods, if any; the product specification; proof 
that the registration application was approved at a meeting of the representatives of the 
group; and a summary o f the above mentioned information (Articles 6 and 7 of the Ordinance 
on PAOs and PGIs).  
• Non-agricultural PAOs and PGIs : the registration application must include, most notably, the 
name, address and composition of the applicant group; evidence that the applicant group is 
representative; evidence of the essential or exclusive link between the quality, 
characteristics or rep utation of the product and its geographical origin; and the product 
specification (Articles 5 and 6 of the Ordinance on Non -Agricultural PAOs and PGIs).  
11.  Is there any human creativity involved in the making of specific products under 
protection by the syste m of geographical indications? If so, how much? And do these 
products involve any human factors?  
Human factors are explicitly mentioned in the definition of appellation of origin, but are also present, 
to varying degrees, in the requirements set out in Ar ticle 48.2 and 48.3 of the LPM, or in the 
processes that confer upon products benefiting from a PGI their quality, reputation or other particular 
characteristics, or in the criteria for the definition of geographical indications for Swiss wines.  
 
12.  Are there  any other intellectual property rights involved, such as patents for 
example?  
Other intellectual property rights apply regardless of GI protection, in the various areas concerned.  
13.  What authority, if any, may define the geographic region or area for which  rights are 
claimed and on what basis is such definition made?  
Protection without registration under the LPM : the basis for the definition of a region or geographical 
area is set out by the provisions of Article 48 of the LPM. Where the use of an unregist ered 
geographical indication is contested, it falls to a court to define the region or geographical area 
concerned, taking into consideration additional requirements other than solely the geographical 
source, such as observance of customary or locally pres cribed manufacturing or processing principles 
or quality requirements, and taking into account the understanding of the relevant public and, where 
appropriate, the influence that the additional requirements have on the reputation of the products.  
 
Federal Council ordinance under Article 50 of the LPM : the definition of the region or geographical 
area is proposed by the economic sector concerned and approved by the Federal Council following 
consultation with the cantons and the stakeholders . 
 
PAOs and PGIs ( other than wine): the authority in charge of the register, the Federal Office for 
Agriculture (OFAG) (agricultural products) or the Swiss Federal Institute of Intellectual Property (IPI) 
(non-agricultural products), is responsible for approving the definit ion of the geographical area 
proposed by the representative group of producers in its registration application, on the basis of the 
definition of the PAO or the PGI, taking into account elements identified during the material 
examination of the registratio n application, observations made during the consultations with the 
federal and cantonal authorities, and any objections regarding the delimitation of the geographical 
area. 
 
Swiss wine GIs : the cantons define the production regions and areas, as well as th e conditions of 
use for controlled appellations of origin and traditional denominations that concern their territory, IP/C/R/GI/CHE/1  
 
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  following consultation with producers. The Confederation currently limits itself to basic definitions 
for wines with controlled appellatio ns of origin, local wines, local wines with a specific  traditional 
denomination , and Swiss table wines, under Articles 21 to 24 of the Ordinance on Wine.  
14.  Does your legislation contain criteria for homonymous geographical indications for 
wines?  
The provisions of the TRIPS Agreement are applicable; the Ordinance on Wine does not contain any 
specific provisions on homonymous geographical indications for wines. Some specific cases of 
homonymy are covered by the provisions of the bilateral agreements to which Switzerland is party, 
for example, Article 7 of the Protocol to the Treaty of 14  May 1974 between the Swiss Confederation 
and the French Republic on the protection of indications of source, appellations of origin and other 
geographical names, which e ntered into force on 10  October  1975 (RS  0.232.111.193.49).  
 
15.  Does your national legislation provide for recognition and protection of geographical 
indications or appellations of origin of foreign countries?  
The protection of geographical indications witho ut registration under the LPM applies to geographical 
indications of foreign countries in the same way as it does to those of Switzerland. Registration as a 
PAO or PGI, or the registration of a geographical mark under Article 27a of the LPM, is possible fo r 
geographical indications of both foreign countries and Switzerland. Switzerland has also concluded 
bilateral and multilateral agreements on the protection of indications of source, appellations of origin 
and geographical indications.  
 
16.  Is there any specific prohibition in the legislation/regulations/rules/procedures 
covering geographical indications not protected in the country of origin? If so, please 
specify the relevant statutory provision.  
A sign that is not recognized as a geograph ical indication by a protection title in its country of origin 
still benefits from protection as an indication of source under the LPM, without registration. 
Article  48.5 of the LPM provides that a foreign indication of source is correct where the statutor y 
requirements of the country concerned are met. Geographical names or signs that are not considered 
by the relevant public to indicate the source of products or services are excluded (Article 47.2 of the 
LPM), and any possible misleading of consumers in S witzerland remains reserved (Article 48.5 of 
the LPM).  
 
However, while obtaining a protection title (a PAO, a PGI or a geographical mark) requires proof that 
the geographical indication is recognized as such in its country of origin, there is no requiremen t for 
the geographical indication in question to be recognized under the same protection instrument. The 
withdrawal of the protection of a geographical indication in its country of origin constitutes grounds 
for the ex officio  cancellation of its registrat ion as a PAO or PGI in Switzerland, under Article 15.1(c) 
of the Ordinance on PAOs and PGIs, Article  13.1(c) of the Ordinance on Non -Agricultural PAOs and 
PGIs or Article 35(d) of the LPM with regard to geographical marks, in accordance with Article 24.9 
of the TRIPS Agreement.  
 
16(a).   Is there a clear distinction among the terms "geographical indications", 
"appellations of origin" and "indications of source" in your country's industrial property 
law and/or related law, or are there any substantive criteri a to distinguish these terms?  
The definitions vary according to the applicable laws and regulations.  
 
In the context of the LPM  
 
Indication of source : any direct or indirect reference to the geographical source of products or 
services, including reference s to properties or quality in relation to the source. Geographical names 
or signs that are not considered by the relevant public to refer to the source of goods or services 
are not indications of source within the meaning of the LPM (Article  47.1 and 47.2 of the LPM).  
• Direct  indications of source are precise designations of the geographical source of a product 
or service: names of places, continents, countries, regions, towns, districts or valleys, or 
other names that, in the mind of the public, refer to a  precise geographical source.  IP/C/R/GI/CHE/1  
 
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  • Indirect  indications of source do not refer to a particular place explicitly, but by means of 
verbal or figurative expressions such as names or representations of mountains, lakes, rivers 
or monuments of national or internatio nal renown, well known emblems of cities, or names 
or figurative representations of famous historical figures such as "William  Tell". 
For certain qualified indications of source, which include geographical indications, it is not enough 
for the product to c ome from the place designated by the indication of source: additional 
requirements must be met. These requirements are defined, where necessary, by the courts, in 
accordance with the understanding of the relevant public and the influence that they will hav e on 
the reputation of the products concerned (Article 48.2 and 48.3 of the LPM).  
 
In the context of the Ordinance on Non -Agricultural PAOs and PGIs, Article 2 : 
• Appellation of origin : name identifying a product as originating in a particular country, region 
or locality, as having a certain quality or characteristics that are essentially or exclusively 
due to a particular geographical environment, with its inherent natural and human fac tors, 
and as having been produced in its entirety within the defined geographical area.  
• Geographical indication : name identifying a product as originating in a particular country, 
region or locality and having a certain quality, reputation or other charact eristic essentially 
attributable to this geographical origin.  
In the context of the Ordinance on PAOs and PGIs (agricultural products), Articles 2 and 3 : 
• Appellation of origin : name of a region, a place or, in exceptional cases, a country, that is 
used to describe a product originating in that region, place or country, the quality or 
characteristics of which are essentially or exclusively due to a particular geographical 
environment, with its inherent natural and human factors, and which is produced, proces sed 
and refined within a defined geographical area. Traditional names of products that meet 
these conditions may be registered as appellations of origin.  
• Geographical indication : name of a region, a place or, in exceptional cases, a country, that 
is used t o describe a product originating in that region, place or country, which has a specific 
quality, reputation or other characteristic attributable to that geographical origin and is 
produced, processed or refined within a defined geographical area. Tradition al names of 
products that meet these conditions may be registered as geographical indications.  
In the context of the Ordinance on Wine, Articles 21 to 24 : 
• Controlled appellation of origin ( appellation d'origine contrôlée , AOC ): name of a canton or 
a geogra phical area of a canton. The cantons establish the requirements applicable to AOCs. 
These must provide for: the delimitation of the geographical area in which at least the grapes 
are produced; a list of authorized vine varieties; a list of authorized culti vation methods; a 
minimum natural sugar content for each authorized vine variety; a maximum yield per unit 
area for each authorized vine variety; a list of authorized vinification methods; a system for 
the analysis and organoleptic examination of wine read y for sale. The cantons verify that 
AOC wines meet the requirements they have established.  
• Local wine ( vin de pays ): wine named after a region or after part of a region where it extends 
over more than one canton. Such wine must meet the following requireme nts: the grapes 
must be harvested in the geographical area after which the wine is named; the minimum 
natural sugar content required is at least 14.4° Brix for white grape varieties and 15.2° Brix 
for red grape varieties; the yield per unit area is limited  to 1.8  kg/m2 for white grape varieties 
and 1.6 kg/m2 for red grape varieties.  
• Local wines with a specific  traditional denomination : local wine produced from grapes grown 
in the geographical area of a single canton, bearing a traditional denomination that is listed 
in Annex 3 [of the Ordinance on Wine] and defined by the legislation of the canton concerned.  
• Swiss table wine:  wine made from grapes harvested in Switzerland with a required minimum 
natural sugar content of at least 13.6° Brix for white grape varieties and 14.4°  Brix for red 
grape varieties.  
16(b).   Does your legislation contain criteria for homonymous geographical indicatio ns 
for wines and spirits?   
 IP/C/R/GI/CHE/1  
 
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  The provisions of the TRIPS Agreement are applicable; the Ordinance on Wine does not contain any 
specific provisions on homonymous geographical indications for wines. Some specific cases of 
homonymy are covered by the provisions  of the bilateral agreements to which Switzerland is party, 
for example, Article 7 of the Protocol to the Treaty of 14  May 1974 between the Swiss Confederation 
and the French Republic on the protection of indications of source, appellations of origin and o ther 
geographical names, which entered into force on 10  October  1975 (RS  0.232.111.193.49).  
C. Procedure for Recognition  
17.  With respect to any formal system for recognition of geographical indications, must 
the applicant be a governmental organization or can a private entity own the rights to a 
geographical indication?  
Applicants seeking the formal recognition of a geographical indication are generally private entities 
representing the beneficiaries of the geographical indication.  
 
Agricultural PAOs and PGIs  (Article 5 of the Ordinance on PAOs and PGIs): the applicant must be a 
group (made up of producers and/or processors and representative of the product).  
 
For agricultural products and processed agricultural products, a group is deemed to be 
representative where:  
a. its members produce, process or refine at least half the volume of the product;  
b. at least 60% of the producers, 60% of the processors and 60% of the refiners of the product 
are members; and  
c. it is shown that the group operates according  to democratic principles.  
 
For forestry products and processed forestry products, a group is deemed to be representative 
where:  
a. its members produce, process or refine at least half the volume of the product;  
b. its members represent at least 60% of the fores ted area and 60% of the processors; and  
c. it is shown that the group operates according to democratic principles.  
 
For an appellation of origin, the group must include producers from each stage of production and 
specifically for each product:  
a. those that prod uce the raw materials;  
b. those that process the product;  
c. those that refine it.  
 
Non-agricultural PAOs and PGIs  (Article 4 of the Ordinance on Non -Agricultural PAOs and PGIs): the 
applicant must be a private group (made up of producers and/or processors and r epresentative of 
the product). For foreign names, the registration application may also be filed by the competent 
authority of the country of origin, on behalf of the beneficiaries.  
 
For an appellation of origin, the group is deemed to be representative wh ere: 
a. the production of its members amounts to at least half of the total production of the product;  
b. its members represent at least 60% of the producers involved in each stage of production.  
 
For a geographical indication, the group is deemed to be representative where:  
a. the production of its members amounts to at least half of the total production of the product;  
b. its members represent at least 60% of the producers that place the end product on the 
market.  
 
A person may be regarded as a group where th e following conditions are met:  
a. it is the only producer willing to file an application for registration;  
b. the geographical area described in the application for registration has characteristics that 
differ significantly from those of neighbouring geographic al areas or the characteristics of 
the product differ from those of products produced in neighbouring geographical areas.  
 
Appellations of origin for Swiss wines : the definition and protection of GIs are based on federal and 
cantonal legislation, without a ny registration procedure; this renders the question irrelevant, as 
there are not, formally , any applicants.  
 IP/C/R/GI/CHE/1  
 
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  Federal Council ordinance under Article 50 of the LPM : the request is generally raised by an economic 
sector.  
 
Geographical marks under Article 27 a et seq.  of the LPM : for a mark based on a PAO or PGI, the 
applicant must be the representative group of beneficiaries of the PAO or PGI; for a mark based on 
an appellation of origin for wine, the applicant must be the Swiss canton concerned, the foreign 
authority responsible for the regulation of wine appellations, or the group that has obtained the 
protection of a foreign wine appellation; for a mark based on a Federal Council ordinance under 
Article 50 of the LPM or an equivalent foreign regulation, the  applicant must be the umbrella 
organization of the economic sector concerned.  
 
18.  What are the competent authorities where the protection of a geographical indication 
can be obtained?  
PAOs and PGIs for agricultural products (other than wine ): the Federal Of fice for Agriculture (OFAG) 
is the competent authority for examining applications and for registration.  
 
PAOs and PGIs for non -agricultural products : the Swiss Federal Institute of Intellectual Property 
(IPI) is the competent authority for examining applications and for registration.  
 
Geographical marks:  the IPI is competent for examining applications and for registration.  
 
Swiss wine GIs:  in their legislation, the cantons define the use of appellations of origin and local 
wines with a specific traditional denomination on the understanding that the federal provisions of 
the LAgr and the Ordinance on Wine are also respected.  
 
Federal Council  ordinance under Article 50 of the LPM : the application is addressed to the Federal 
Council.  
 
19.  Do the procedures which lead to the recognition of a geographical indication take 
place ex officio  or must they be based on the initiative of an entity or person?   
PAOs and PGIs ( other than wine): the procedures that lead to the recognition of a geographical 
indication must be initiated by a group that is representative of the producers of the product 
concerned or, for a non -agricultural product, by the competent a uthority of the country of origin on 
behalf of the beneficiaries.  
 
Swiss wine GIs : the cantons regulate the wine GIs pertaining to their territory through cantonal 
legislation. As a rule, the cantonal wine sector is represented by a professional associatio n that 
enters into dialogue with the cantonal authorities to express the demands of producers and defend 
their interests.  
 
Geographical marks : under Article 27b of the LPM, applications for the registration of a geographical 
mark may be filed, according to  the nature of the product and the protection title of the geographical 
indication or indication of source concerned, by the representative group for the PAO or PGI, the 
Swiss canton protecting an appellation of origin for wine, the foreign authority respo nsible for the 
regulation of wine appellations, the group that has obtained the protection of a foreign wine 
appellation, or the umbrella organization of an economic sector.  
 
Federal Council ordinance under Article 50 of the LPM : while requests are general ly raised by 
economic sector s, the Federal Council may also take the initiative and issue an ordinance of this 
type. 
 
Geographical indications protected without registration as indications of source under Articles 47 
et seq. of the LPM : a court's recogniti on of the rights to an indication of source may result from an 
action brought by any person demonstrating a legal interest in establishing their right, by any person 
suffering or at risk of suffering an infringement of their right to an indication of sourc e, by trade and 
business associations with rules and regulations authorizing them to protect the economic interests 
of their members, by organizations of national or regional importance with a statutory duty to protect 
consumers, by the IPI against the unl awful use of indications such as "Switzerland", "Swiss" or any 
other symbol or indication referring to the geographical territory of the Swiss Confederation, or by IP/C/R/GI/CHE/1  
 
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  the canton concerned against the unlawful use of its name or any other symbol or indication referring 
to its geographical territory (Articles 52, 55 and 56 of the LPM).  
 
20.  What, if any, fees are involved in the application and maintenance of rights in a 
geographical indication?  
Agricultural PAOs and PGIs : OFAG does not charge any fees for examinin g the registration 
application or for actual registration. The same applies for applications to modify the specification of 
a registered PAO or PGI. Should any objection be raised, the costs of the procedure are borne by 
the losing party. Since the registr ation is valid for an unlimited duration, there is no fee for 
maintaining rights to a PAO or PGI.  
 
Swiss wine GIs:  these are defined directly by federal and cantonal legislation; no fees are payable.  
 
Non-agricultural PAOs and PGIs : a fee of CHF 4,000 is p ayable for a registration application. A fee 
of CHF 2,000 is charged for an objection to a registration application, while an application to modify 
the specification of a registered PAO or PGI incurs a fee of CHF 800. Since the registration is valid 
for an  unlimited duration, there is no fee for maintaining rights to a PAO or PGI.  
 
Geographical marks : the filing fee is CHF 550, a surcharge of CHF 100 is applied for an additional 
class, and a fee of CHF 800 is charged for an objection. The registration of a geographical mark is 
valid for 10 years and renewable for the same amount of time upon payment of a fee of CHF 700.  
 
Lisbon System:  the IPI  does not charge fees for the examination of international registrations for 
which protection is sought on Swiss territory. A fee of CHF 800 is charged for an application to refuse 
the effects of an international registration, and also for a request for a transitional period.  
 
21.  If criteria must be set out in an application for recognition of a geographical 
indication, are those criteria purely geographic in nature?  
The criteria arising from the definitions of geographical indication and the information on th e criteria 
and procedure for recognition of a geographical indication are related to the geographical origin of 
the product.  
 
22.  What other criteria, if any, must be set out in an application for recognition of a 
geographical indication?  
Agricultural PAOs or  PGIs: the required and optional content of the specification is set out in Article  7 
of the Ordinance on PAOs and PGIs.  
 
The specification must include the following information:  
a. the name of the product, including the appellation of origin or geographical indication;  
b. a definition of the geographical area;  
c. a description of the product including, in particular, its raw materials and principal physical, 
chemical, microbiological and organoleptic characteristics; for forestry products and 
processed  forestry products, a description of the tree species and physical or other intrinsic 
characteristics;  
d. a description of the method of obtaining the product;  
e. the designation of one or more certification bodies, and the minimum control requirements.  
 
The spe cification may also include:  
a. specific labelling details;  
b. a description of the product's distinctive form, if any;  
c. information concerning packaging, where the applicant group can prove that the product 
must be packaged in the defined geographical area in or der to safeguard the quality of the 
product and ensure traceability or control.  
 
Non-agricultural PAOs and PGIs : the required and optional content of the specification is set out in 
Article 6 of the Ordinance on Non -Agricultural PAOs and PGIs.  
 
The specification must include the following information:  IP/C/R/GI/CHE/1  
 
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  a. the name or names and the registration category (appellation of origin or geographical 
indication);  
b. a definition of the product's geographical area;  
c. a definition of the stages of production, where the a pplication concerns an appellation of 
origin;  
d. a description of the product including, where appropriate, its raw materials and main 
sensorial, physical, chemical and microbiological characteristics;  
e. a description of the method of obtaining the product;  
f. the designation of one or more certification bodies or, for foreign names, the designation of 
one or more authorities or private control bodies responsible for ensuring compliance with 
the specification.  
 
The specification may also include:  
a. criteria for evalu ating the quality of the end product;  
b. a description of the product's distinctive form;  
c. specific details regarding labelling or packaging;  
d. information concerning packaging, where the group can prove that the product must be 
packaged in the defined geographi cal area in order to safeguard the quality of the product 
and ensure traceability or control.  
 
23.  What information must be supplied in an application for rights in a geographical 
indication?  
This information depends on the type of product, the legal instrume nt and the procedure.  
 
24.  Must the goods or services with respect to which a geographical indication is claimed 
be set out?  
Yes, a registration application for a PAO or PGI must include a very precise description of the product 
benefiting from the PAO or PGI .  
 
25.  What mechanisms are provided to oppose the recognition of a geographical 
indication? How is an investigation conducted after such a complaint?  
Where a registration application for a PAO or a PGI is approved by the authority in charge of the 
register conce rned (OFAG or the IPI), it is duly published. The publication of the application opens a 
three -month period during which any objections may be addressed, in writing, to the authority in 
charge of the register concerned.  
 
Registration may be opposed on the following grounds: the name does not satisfy the conditions set 
out in the relevant legislation, particularly where the name is generic; the group is not 
representative; or the proposed registration would jeopardize an entirely or partly homonymous 
mark or  name that has been in use for a long time (Article 10 of the Ordinance on PAOs and PGIs, 
and Article 9 of the Ordinance on Non -Agricultural PAOs and PGIs).  
 
The authority in charge of the register concerned decides whether or not an objection is valid 
(Article 11 of the Ordinance on PAOs and PGIs, and Article 9 of the Ordinance on Non -Agricultural 
PAOs and PGIs).  
 
An appeal may be lodged against this authority's decision with the Federal Administrative Tribunal 
and, as a last resort, with the Federal Tribu nal. 
 
26.  Who can oppose the recognition of a geographical indication?  
Agricultural PAOs and PGIs : the registration of a PAO or PGI may be opposed by anyone that can 
show they have a legitimate interest; where the name concerned is a Swiss name, cross -border 
name or foreign name entirely or partly homonymous with a cantonal geographical entity, the 
cantons may also oppose the registration.  
 
Non-agricultural PAOs and PGIs : the registration of a PAO or PGI may be opposed by any party 
within the meaning of the Fe deral Law on Administrative Procedure of 20  December  1968; where 
the name concerned is a Swiss name, cross -border name or foreign name entirely or partly IP/C/R/GI/CHE/1  
 
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  homonymous with a cantonal geographical entity or a traditional name used in Switzerland, the 
cantons may also oppose the registration.  
 
27.  If your national legislation provides for recognition and protection of geographical 
indications or appellations of origin of foreign countries, what is the procedure that has 
to be followed in order to obtain such recogn ition and consequent protection?  
The protection of geographical indications without registration under the LPM applies to geographical 
indications of foreign countries in the same way as it does to those of Switzerland. Registration as a 
PAO or PGI, or th e registration of a geographical mark under Article 27a of the LPM, is possible for 
geographical indications of both foreign countries and Switzerland, and the applicable procedures 
are identical. Switzerland has also concluded bilateral and multilateral a greements on the protection 
of indications of source, appellations of origin and geographical indications.  
 
D. Maintenance  
28.  How long does recognition for a geographical indication continue?  
The protection provided for a geographical indication is, by definiti on and under Swiss law, of 
unlimited duration.  
 
For PAOs and PGIs , it is expressly stated that, once registered, appellations of origin and 
geographical indications cannot become generic (Article  16.3 of the LAgr and Article 50a.4 of the 
LPM).  
 
In the context of the LPM , it is protected, as an indication of source, agai nst any incorrect use, for 
as long as the relevant public consider it a reference to the source of products or services 
(Article  47.2 of the LPM).  
 
Where the geographical indication is registered as a geographical mark , the protection is valid for 
10 years  and renewable for further 10 -year periods upon payment of a fee (Article  10 of the LPM).  
 
29.  If recognition of a geographical indication must be renewed or reaffirmed, what 
information must be provided in order to effect such a renewal or reaffirmation? Specify 
any fees involved in renewal or reaffirmation.  
Registration as a PAO or PGI does not need to be renewed or reaffirmed. The registration of a 
geographical mark is valid for 10 years and renewable for the same amount of time upon payme nt 
of a fee of CHF 700.  
  
30.  Must a geographical indication be used in order to maintain rights? If so, how is such 
use determined?  
No, Swiss law does not include any usage requirement for the protection of GIs that are unregistered 
but nevertheless protecte d as indications of source under Article 47 et seq.  of the LPM, or for the 
protection of GIs registered as PAOs or PGIs, recognized as appellations of origin for wine or 
benefiting from a Federal Council ordinance under Article 50 of the LPM. Geographical marks are 
excluded from the provisions concerning the use of marks and, in particular, the consequences of 
the non -use of marks (Article 27e.3 of the LPM).  
 
A geographical name not registered as a geographical indication may become generic, but only the 
courts can establish this. In accordance with the regular practice of the courts, anyone alleging that 
an indication of source has become a generic name must provide satisfactory proof.  
 
31.  Is there a specified limit for non ‑use before rights in a geographical indication cease 
and, if so, what is that limit?  
No.  
32.  Who monitors the use of geographical indication to determine if the criteria identified 
in the application continue to be met?  IP/C/R/GI/CHE/1  
 
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  Agricultural PAOs and PGIs : the use of appellations of origin and geograp hical indications is 
monitored by an accredited certification body that meets the requirements set forth under Articles  18 
to 20 of the Ordinance on PAOs and PGIs, under the supervision of OFAG. The duties of the 
certification bodies are set out in the Ord inance of the Federal Department of Economic Affairs, 
Education and Research (DEFR) on the Minimum Control Requirements for Protected Appellations of 
Origin and Geographical Indications. In the case of food products, cantonal consumer protection 
bodies can  also take administrative measures where the use of PAOs or PGIs is violated on the 
market. OFAG is the competent authority for other products.  
Non-agricultural PAOs and PGIs : the use of Swiss appellations of origin and geographical indications 
is monitore d by an accredited certification body that meets the requirements set forth under 
Article  15 of the Ordinance on Non -Agricultural PAOs and PGIs, under the surveillance of the IPI. 
The duties of certification bodies are set out in Article 16 of that Ordinan ce. Compliance with the 
specification of a foreign PAO or PGI must be verified before products are placed on the market, in 
accordance with the regulations of the country concerned, by one or more private control bodies or 
by one or more authorities design ated by the country of origin (Article 18 of the Ordinance on 
Non-Agricultural PAOs and PGIs).  
Swiss wine appellations:  the cantons are responsible for monitoring the production requirements 
and production volume for grapes used in wine production, in acco rdance with Articles 28 to 31 of 
the Ordinance on Wine. Trade in wine is monitored by a control body designated by the Confederation 
(Articles 33 to 41 of the Ordinance on Wine).  
33.  If a government entity is responsible for monitoring the use of geographical  
indications, what are its procedures for doing so?  
Agricultural PAOs and PGIs : the use of appellations of origin and geographical indications is 
monitored by an accredited certification body that meets the requirements set forth under Articles  18 
to 20 of the Ordinance on PAOs and PGIs, under the supervision of OFAG. The duties of t he 
certification bodies are set out in the Ordinance of the Federal Department of Economic Affairs, 
Education and Research (DEFR) on the Minimum Control Requirements for Protected Appellations of 
Origin and Geographical Indications. In the case of food pro ducts, cantonal consumer protection 
bodies can also take administrative measures where the use of PAOs or PGIs is violated on the 
market. OFAG is the competent authority for other products.  
 
Non-agricultural PAOs and PGIs : the use of Swiss appellations of origin and geographical indications 
is monitored by an accredited certification body that meets the requirements set forth under 
Article  15 of the Ordinance on Non -Agricultural PAOs and PGIs, under the surveillance of the IPI. 
The duties of certification b odies are set out in Article 16 of that Ordinance. Compliance with the 
specification of a foreign PAO or PGI must be verified before products are placed on the market, in 
accordance with the regulations of the country concerned, by one or more private cont rol bodies or 
by one or more authorities designated by the country of origin (Article 18 of the Ordinance on Non -
Agricultural PAOs and PGIs).  
Swiss wine appellations : the cantons are responsible for monitoring the production requirements 
and production vol ume for grapes used in wine production, in accordance with Articles 28 to 31 of 
the Ordinance on Wine. Trade in wine is monitored by a control body designated by the Confederation 
(Articles 33 to 41 of the Ordinance on Wine).  
34.  Are there means by which inte rested parties may request termination of a 
geographical indication based on non -use or failure to maintain the criteria identified in 
the application? Describe the procedure.  
PAOs and PGIs : pursuant to Article 15 of the Ordinance on PAOs and PGIs or Arti cle 13 of the 
Ordinance on Non -Agricultural PAOs and PGIs, the authority in charge of the register concerned may 
cancel the registration of a protected name following consultation with the federal and cantonal 
authorities and the parties:  
a. on request, where  the protected name is no longer used or where all users and the relevant 
cantons are no longer interested in maintaining the registration of the protected name;  
b. ex officio , if it is established that compliance with the specification for the protected name  is 
no longer ensured for good reason;  
c. ex officio , for a foreign name, where it is no longer protected in its country of origin.  IP/C/R/GI/CHE/1  
 
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Geographical marks : pursuant to Article 35d of the LPM, the IPI may cancel the registration of a 
geographical mark where the p rotected appellation of origin or geographical indication on which the 
geographical mark is based is cancelled.  
Geographical indications for Swiss wine : no cancellation procedure is provided for under federal or 
cantonal legislation, although changes in le gislation may lead to the modification of the list of 
recognized geographical indications.  
35.  Do the procedures which lead to forfeiture of a geographical indication take place ex 
officio  or must they be based on the initiative of an entity or person?  
PAOs and PGIs:  pursuant to Article 15 of the Ordinance on PAOs and PGIs or Article 13 of the 
Ordinance on Non -Agricultural PAOs and PGIs, the authority in charge of the register concerned may 
cancel the registration of a protected name following consultati on with the federal and cantonal 
authorities and the parties:  
a. on request, where the protected name is no longer used or where all users and the relevant 
cantons are no longer interested in maintaining the registration of the protected name;  
b. ex officio , if it is established that compliance with the specification for the protected name is 
no longer ensured for good reason;  
c. ex officio , for a foreign name, where it is no longer protected in its country of origin.  
 
Geographical marks : pursuant to Article 35d of the LPM, the IPI may cancel the registration of a 
geographical mark where the protected appellation of origin or geographical indication on which the 
geographical mark is based is cancelled.  
Geographical indications for Swiss wine:  no cancellation procedure is provided for under federal or 
cantonal legislation, although changes in legislation may lead to the modification of the list of 
recognized geographical indications.  
E. Scope of Rights and Use  
36.  May anyone who meets the criteria su bmitted to obtain recognition of a geographical 
indication use that geographical indication after recognition is given or must additional 
criteria or procedures be followed by that party before use is permitted?  
GIs protected without registration under Ar ticles 47 et seq.  of the LPM : the GI may be used by 
anyone meeting the requirements specified in the LPM, without any authorization or control 
procedure. Monitoring of compliance with the requirements applicable to indications of source and 
any additional requirements under Article 48.2 of the LPM may be carried out by professional 
associations or groups.  
 
PAOs and PGIs : anyone placing products on the market that meets the criteria set forth in the 
specification may use the protected appellation of origin o r geographical indication. For each 
producer, compliance with the criteria set forth in the specification must be confirmed by a 
certification body or, for foreign non -agricultural PAOs or PGIs, by one or more private control bodies 
or one or more authorit ies designated by the country of origin. The use of a PAO or PGI is conditional 
only upon the certification of products, including traceability marks.  
 
Swiss wine GIs : anyone meeting the criteria established under federal and cantonal legislation may 
use the appellation of origin or local wine name.  
 
Geographical marks : under Article 27d.1 of the LPM, a geographical mark may be used by anyone 
meeting the requirements set forth in the regulations governing the use of the mark. Furthermore, 
under Article 27c. 2 of the LPM, the regulations governing the use of the mark may not provide for 
remuneration for its use.  
 
37.  Who makes the determination regarding use of a geographical indication by particular 
parties, the entity responsible for the recognition or the entit y that obtained the 
recognition?  IP/C/R/GI/CHE/1  
 
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  GIs protected without registration under Articles 47 et seq.  of the LPM : the GI may be used by 
anyone meeting the requirements specified in the LPM, without any authorization or control 
procedure. Monitoring of compliance w ith the requirements applicable to indications of source and 
any additional requirements under Article 48.2 of the LPM may be carried out by professional 
associations or groups.  
 
PAOs and PGIs : anyone placing products on the market that meets the criteria set forth in the 
specification may use the protected appellation of origin or geographical indication. For each 
producer, compliance with the criteria set forth in the specification must be confirmed by a 
certification body or, for foreign non -agricultural  PAOs or PGIs, by one or more private control bodies 
or one or more authorities designated by the country of origin. The use of a PAO or PGI is conditional 
only upon the certification of products, including traceability marks.  
 
Swiss wine GIs : anyone meeti ng the criteria established under federal and cantonal legislation may 
use the appellation of origin or local wine name.  
 
Geographical marks : under Article 27d.1 of the LPM, a geographical mark may be used by anyone 
meeting the requirements set forth in th e regulations governing the use of the mark. Furthermore, 
under Article 27c.2 of the LPM, the regulations governing the use of the mark may not provide for 
remuneration for its use.  
 
38.  Are there fees involved in receiving authorization to use a particular ge ographical 
indication and, if so, what are those fees and how are they established?  
No, under Swiss law there are no fees involved in receiving authorization to use a particular 
geographical indication. There may, however, be indirect fees relating to the  checks or certification 
required.  
 
GIs protected without registration under Articles 47 et seq.  of the LPM : the GI may be used by 
anyone meeting the requirements specified in the LPM, without any authorization or control 
procedure.  
 
PAOs and PGIs : the certification requirement (or, for foreign non -agricultural PAOs and PGIs, the 
monitoring by private bodies or competent authorities) involves certain costs, payable in accordance 
with private contracts between control and certification bodies, produc ers and processors and, where 
appropriate, inter professional associations.  
 
Swiss wine GIs : as a rule, fees paid by cellar owners and traders relate to the monitoring of trade 
in wine (wine making and trading), regardless of the use of geographical indica tions. In certain 
cantons, a fee is required to cover the costs associated with organizing the organoleptic examination 
that is required before an appellation of origin may be used.  
 
39.  If there is a dispute regarding use of a geographical indication by a par ticular party, 
what procedures are followed to resolve it?  
Protection without registration under the LPM, non -agricultural PAOs and PGIs and geographical 
indications protected under an international agreement : 
 
The possible remedies in civil law are as fo llows:  
• declaratory action to establish a right or legal relationship (Article  52); 
• actions to enforce performance (i.e. prohibition of an infringement or threat of infringement 
of a geographical indication), order to desist, order to reveal the source of o bjects illegally 
bearing an indication of source (Article  55); 
• action for damages, etc. (Article  55); 
• confiscation, destruction, etc. (Article  57); 
• precautionary provisional measures (Article  59); 
• publication of judgement (Article  60). 
 IP/C/R/GI/CHE/1  
 
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  Furthermore, Articl e 51a provides that the user of an indication of source must prove that the 
indication is correct.  
 
The criminal penalties (Article 64) are a custodial sentence not exceeding one year or a monetary 
penalty for whoever intentionally uses an inaccurate indic ation of source or a designation likely to 
be confused with an inaccurate designation, or creates a risk of deception by using a name, address 
or mark in connection with products or services from another source. Where the offender is acting 
for commercial gain, the penalty is a custodial sentence not exceeding five years or a monetary 
penalty. The custodial sentence is combined with a monetary penalty.  
 
Provision is also made for border measures:  
• The Federal Customs Administration may notify the beneficiary of an indication of source or 
a trade or business association with the capacity to institute legal proceedings when there 
is reason to suspect the imminent importation or exportation of products to which the 
indication of source has been illega lly affixed (Article  70 of the LPM). The beneficiary of the 
indication of source or the trade or business association (hereinafter, the applicant) may 
request that the goods be detained.  
• The goods may be detained for a maximum of 10 working days. In except ional 
circumstances, the detention period may be extended by a maximum of 10 working days. 
Anyone that improperly requests the detention of goods must make good the injury caused 
where the provisional measures are unjustified or where they have not been or dered 
(Articles  70 to 72b of the LPM and Articles  54 to 57 of the Ordinance on the Protection of 
Marks and Indications of Source).  
• The applicant may request the destruction of the goods, which is carried out at the expense 
of the applicant and on the condi tion that the declarant, holder or owner of the goods has 
not objected to the destruction (Article 72c to 72g of the LPM).  
 
Agricultural PAOs and PGIs and wine GIs : 
 
Criminal provisions: anyone that intentionally makes unlawful use of an appellation of ori gin or 
geographical indication protected under Article 16 (agricultural products, processed agricultural 
products, forestry products and processed forestry products) or of an appellation of origin or 
indication of source covered by Article 63 (wine) will, upon complaint, receive a custodial sentence 
not exceeding one year or a monetary penalty. Where the offender is acting for commercial gain, he 
will be prosecuted ex officio . The penalty is a custodial sentence not exceeding five years or a 
monetary penalt y (Article  172 of the LAgr).  
 
For civil proceedings, see the remedies provided by the LPM.  
 
Law on Unfair Competition (LCD ): 
 
Civil provisions: anyone whose goodwill, credit or professional reputation, or business or economic 
interests in general, are the subject of an act of unfair competition or are threatened therewith may 
request the judge to prohibit it where imminent, to put an end to it where it still continues, or to 
declare it illegal where the trouble it has caused persists. In particular, he may request that a 
rectification be made or that the judgement be communicated to third parties or published.  He may 
also ask for damages (Article  9 of the LCD).  Proceedings may also be instituted by customers whose 
economic interests are threatened or injur ed by an act of unfair competition. Proceedings may also 
be initiated by trade or business associations with rules and regulations authorizing them to protect 
the economic interests of their members, organizations of national or regional importance with a 
statutory duty to protect consumers, and the Confederation, where it considers such action 
necessary to protect public interests (Article  10 of the LCD).  
 
Criminal provisions: anyone that intentionally engages in unfair competition (for example, by 
providi ng inaccurate or misleading information on his goods or by taking measures liable to give rise 
to misunderstanding with respect to the goods) will, upon complaint, be liable to a custodial sentence 
not exceeding three years or a monetary penalty (Article  23 of the LCD).  
 IP/C/R/GI/CHE/1  
 
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  40.  Must individual authorized user of a geographical indication use that geographical 
indication continually to retain their right to use it and, if so, how is their use determined 
and how long will disuse be permitted?  
The question is not re levant in the context of Swiss law.  
41.  If there is a dispute over continuity of use by a particular party, how is it resolved?  
The question is not relevant in the context of Swiss law.  
 
42.  Does the regime for protection of geographical indications allow geogra phical 
indications to be licensed and, if so, what conditions are imposed on such licenses? If such 
conditions are not met, what is the effect on the geographical indication?  
Licensing is not authorized for geographical indications recognized by a protect ion title, whether 
PAOs and PGIs, Swiss wine GIs or an ordinance under Article 50 of the LPM, since the concept of 
licensing runs counter to the very nature of a geographical indication. Furthermore, under 
Article  27e.1 of the LPM, a geographical mark may not be transferred or licensed.  
 
43.  How is "grandfathered use" of a geographical indication, under Article 24.4 of the 
TRIPS Agreement, applied in your country?  
The grandfathered use of a GI recognized as such, or for which registration has been requested, is 
regulated by various provisions  that are not specific to geographical indications for wines and spirits.  
 
First, grandfathered uses for identical or similar products that do not correspond to the requirements 
of the application for the registration of a PAO or PGI constitute grounds for  objecting to the 
registration of the PAO or PGI. Such an objection may lead to the registration application being 
modified to include the grandfathered uses in question, possibly with a transitional period, to the 
registration application being rejected, or to the objection itself being rejected.  
 
Where the registration of the PAO or PGI is approved, the grandfathered uses of the name concerned 
benefit, for identical or similar products, from a transitional period of two years for production and 
three year s for marketing as of the date of registration of the PAO or PGI (Article  17a of the 
Ordinance on PAOs and PGIs, and Article 21 of the Ordinance on Non -Agricultural PAOs and PGIs). 
Similarly, a third party may request the transitional period envisaged in A rticle 17 of the Geneva Act 
in order to put an end to the previous use in good faith of a name or indication that is the subject of 
an international registration for which protection is sought on Swiss territory (Article 50e.4 of the 
LPM).  
 
The use of a na me registered as a PAO or PGI for products that are not identical or similar or for 
services is regulated, on the one hand, by the general provisions on the protection of indications of 
source, under which such use must correspond to the source of the prod ucts or services, and, on 
the other, by the provisions prohibiting the commercial use of a name protected as a PAO or PGI for 
a non comparable product, where such use relies on the reputation of the protected name (Article 
17.1(b) of the Ordinance on PAOs and PGIs, and Article 19.1(b) of the Ordinance on Non -Agricultural 
PAOs and PGIs).  
 
Ordinance under Article 50 of the LPM : grandfathered uses may be invoked in the context of 
consultation procedures prior to the adoption of the ordinance and may lead to th e ordinance being 
modified to include the grandfathered uses in question, possibly with a transitional period, to the 
ordinance being rejected, or to the objections being rejected.  
 
F. Relationship to Trademarks  
44.  What steps are taken to ensure that, in recogni zing a geographical indication, the 
obligations of Article 16.1 of the TRIPS Agreement are not nullified and impaired?  
In general, given that geographical indications describe the geographical source of a product, they 
are treated as signs in the public d omain. Accordingly, as a general rule, they cannot be monopolized 
by a single enterprise.  IP/C/R/GI/CHE/1  
 
- 20 - 
 
  Marks:  the general principle described above applies. Unless they have established themselves as 
marks for the products or services concerned, signs in the public do main are excluded from 
protection (absolute reason for exclusion, Article  2(a) of the LPM). The same applies where the sign 
is liable to mislead or is contrary to the law in force (Article  2(c) and  (d) of the LPM).  
 
PAOs and PGIs : the holder of a prior mark may object to the proposed registration of a PAO or PGI 
where it would jeopardize his entirely or partly homonymous mark (Article 10.3(d) of the Ordinance 
on PAOs and PGIs, and Article 9.3(c) of the Ordinance on Non -Agricultural  PAOs and PGIs). Where 
the holder's objection is accepted, the appellation of origin or geographical indication will not be 
registered. Where the objection is rejected, the PAO or PGI will be registered and the holder of the 
mark may continue to use it (si multaneously with the appellation of origin or geographical indication) 
provided, however, that he meets the criteria laid down for the use of the appellation of origin or 
geographical indication. This obligation does not apply to the use of marks that are  identical or 
similar to a registered appellation of origin or geographical indication and which have been filed or 
registered in good faith or acquired through use in good faith before 1  January  1996, or before the 
name of the registered geographical indi cation was protected in the country of origin, where there 
are no grounds for invalidity or revocation of the mark as provided for by the law (Articles 16.6 of 
the LAgr and Article  50b.5 of the LPM).  
 
International registrations under the Geneva Act (Lisbo n System ): the holder of an earlier trademark 
registered in good faith for an identical or comparable product may request the refusal of the effects 
of an international registration on Swiss territory if the protection of this international registration 
infringes his trademark (Article 50e of the LPM). A mark that was filed or registered in good faith 
before the name or indication that is the subject of the international registration was protected on 
Swiss territory and the use of which for an identical or comparable product would be contrary to 
Article 11 of the Geneva Act may continue to be used, where there are  no grounds for its invalidity 
or revocation as provided for by th e law. Its registration may be extended under the same conditions 
(Article 50e.5 of the LPM).  
 
45.  What steps are taken to ensure that, in recognizing a geographical indication, the 
obligations of Article 16.2 and 16.3 of the TRIPS Agreement are not nullified and 
impaired?  
In general, given that geographical indications describe the geogr aphical source of a product, they 
are treated as signs in the public domain. Accordingly, as a general rule, they cannot be monopolized 
by a single enterprise.  
 
Marks : the general principle described above applies. Unless they have established themselves as 
marks for the products or services concerned, signs in the public domain are excluded from 
protection (absolute reason for exclusion, Article  2(a) of the LPM). The same applies where the sign 
is liable to mislead or is contrary to the law in force (Arti cle 2(c) and  (d) of the LPM).  
 
PAOs and PGIs : the holder of a prior mark may object to the proposed registration of a PAO or PGI 
where it would jeopardize his entirely or partly homonymous mark (Article 10.3(d) of the Ordinance 
on PAOs and PGIs, and Articl e 9.3(c) of the Ordinance on Non -Agricultural PAOs and PGIs). Where 
the holder's objection is accepted, the appellation of origin or geographical indication will not be 
registered. Where the objection is rejected, the PAO or PGI will be registered and the holder of the 
mark may continue to use it (simultaneously with the appellation of origin or geographical indication) 
provided, however, that he meets the criteria laid down for the use of the appellation of origin or 
geographical indication. This obligatio n does not apply to the use of marks that are identical or 
similar to a registered appellation of origin or geographical indication and which have been filed or 
registered in good faith or acquired through use in good faith before 1  January  1996, or before  the 
name of the registered geographical indication was protected in the country of origin, where there 
are no grounds for invalidity or revocation of the mark as provided for by the law (Articles 16.6 of 
the LAgr and Article  50b.5 of the LPM).  
 
International registrations under the Geneva Act (Lisbon System ): the holder of an earlier trademark 
registered in good faith for an identical or comparable product may request the refusal of the effects 
of an international registration on Swiss territory if the protection of this international registration 
infringes his trademark (Article 50e of the LPM). A mark that was filed or registered in good faith 
before the name or indication that is the subject of the international registration was protected on 
Swiss territory and the use of which for an identical or comparable product would be contrary to IP/C/R/GI/CHE/1  
 
- 21 - 
 
  Article 11 of the Geneva Act may continue to be used, where there are  no grounds for its invalidity 
or revocation as provided for by th e law. Its registration ma y be extended under the same conditions 
(Article 50e.5 of the LPM).  
 
46.  What procedures are foreseen in case of a conflict of a geographical indication with a 
trademark?  
In general, given that geographical indications describe the geographical source of a pro duct, they 
are treated as signs in the public domain. Accordingly, as a general rule, they cannot be monopolized 
by a single enterprise.  
 
Marks : the general principle described above applies. Unless they have established themselves as 
marks for the produc ts or services concerned, signs in the public domain are excluded from 
protection (absolute reason for exclusion, Article  2(a) of the LPM). The same applies where the sign 
is liable to mislead or is contrary to the law in force (Article  2(c) and  (d) of the  LPM).  
 
PAOs and PGIs : the holder of a prior mark may object to the proposed registration of a PAO or PGI 
where it would jeopardize his entirely or partly homonymous mark (Article 10.3(d) of the Ordinance 
on PAOs and PGIs, and Article 9.3(c) of the Ordinan ce on Non -Agricultural PAOs and PGIs). Where 
the holder's objection is accepted, the appellation of origin or geographical indication will not be 
registered. Where the objection is rejected, the PAO or PGI will be registered and the holder of the 
mark may continue to use it (simultaneously with the appellation of origin or geographical indication) 
provided, however, that he meets the criteria laid down for the use of the appellation of origin or 
geographical indication. This obligation does not apply to the  use of marks that are identical or 
similar to a registered appellation of origin or geographical indication and which have been filed or 
registered in good faith or acquired through use in good faith before 1  January  1996, or before the 
name of the regist ered geographical indication was protected in the country of origin, where there 
are no grounds for invalidity or revocation of the mark as provided for by the law (Articles 16.6 of 
the LAgr and Article  50b.5 of the LPM).  
 
International registrations under  the Geneva Act (Lisbon System ): the holder of an earlier trademark 
registered in good faith for an identical or comparable product may request the refusal of the effects 
of an international registration on Swiss territory if the protection of this interna tional registration 
infringes his trademark (Article 50e of the LPM). A mark that was filed or registered in good faith 
before the name or indication that is the subject of the international registration was protected on 
Swiss territory and the use of whic h for an identical or comparable product would be contrary to 
Article 11 of the Geneva Act may continue to be used, where there are  no grounds for its invalidity 
or revocation as provided for by th e law. Its registration may be extended under the same cond itions 
(Article 50e.5 of the LPM).  
46(a)   Does your economy's industrial property law and/or related law provide the refusal 
or invalidation of a trademark registration, which consists of or contains geographical 
indications identifying wines or spirits wi th respect to such wines or spirits not originating 
in the indicated territory?  
 
In general, given that geographical indications describe the geographical source of a product, they 
are treated as signs in the public domain. Accordingly, as a general rule,  they cannot be monopolized 
by a single enterprise.  
 
Unless they have established themselves as marks for the products or services concerned, signs in 
the public domain are excluded from protection (absolute reason for exclusion, Article  2(a) of the 
LPM).  The same applies where the sign is liable to mislead or is contrary to the law in force 
(Article  2(c) and  (d) of the LPM). It is contrary to the law to register a mark containing a geographical 
indication identifying wines or spirits for other wines or sp irits not bearing the geographical indication 
in question, or to register a mark containing a geographical indication protected under domestic 
legislation or a bilateral agreement for products not bearing the geographical indication in question.  
 
G. Enforceme nt 
47.  How are rights in the geographical indication enforced?  Are provisions available 
under unfair competition law?  Trademark law?  Other laws?  Provide citations to the laws IP/C/R/GI/CHE/1  
 
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  and, if they have not been notified under Article 63.2 of the TRIPS Agreement, pl ease 
provide copies.  
Protection without registration under the LPM, non -agricultural PAOs and PGIs and geographical 
indications protected under an international agreement : 
 
The possible remedies in civil law are as follows:  
• declaratory action to establish a right or legal relationship (Article  52); 
• actions to enforce performance (i.e. prohibition of an infringement or threat of infringement 
of a geographical indication), order to desist, order to reveal the source of objects illegally 
bearing an i ndication of source (Article  55); 
• action for damages, etc. (Article  55); 
• confiscation, destruction, etc. (Article  57); 
• precautionary provisional measures (Article  59); 
• publication of judgement (Article  60). 
Furthermore, Article 51a provides that the user o f an indication of source must prove that the 
indication is correct.  
 
The criminal penalties (Article 64) are a custodial sentence not exceeding one year or a monetary 
penalty for whoever intentionally uses an inaccurate indication of source or a designati on likely to 
be confused with an inaccurate designation, or creates a risk of deception by using a name, address 
or mark in connection with products or services from another source. Where the offender is acting 
for commercial gain, the penalty is a custodi al sentence not exceeding five years or a monetary 
penalty. The custodial sentence is combined with a monetary penalty.  
 
Provision is also made for border measures:  
• The Federal Customs Administration may notify the beneficiary of an indication of source or  
a trade or business association with the capacity to institute legal proceedings when there 
is reason to suspect the imminent importation or exportation of products to which the 
indication of source has been illegally affixed (Article  70 of the LPM). The beneficiary of the 
indication of source or the trade or business association (hereinafter, the applicant) may 
request that the goods be detained.  
• The goods may be detained for a maximum of 10 working days. In exceptional 
circumstances, the detention period  may be extended by a maximum of 10 working days. 
Anyone that improperly requests the detention of goods must make good the injury caused 
where the provisional measures are unjustified or where they have not been ordered 
(Articles  70 to 72b of the LPM and Articles  54 to 57 of the Ordinance on the Protection of 
Marks and Indications of Source).  
• The applicant may request the destruction of the goods, which is carried out at the expense 
of the applicant and on the condition that the declarant, holder or owner of the goods has 
not objected to the destruction (Article 72c to 72g of the LPM).  
 
Agricultural PAOs and PGIs and wine GIs : 
 
Criminal provisions: anyone that intentionally makes unlawful use of an appellation of origin or 
geographical indication protected under Article 16 (agricultural products, processed agricultural 
products, forestry products and processed forestry products) or of an appellation of origin or 
indication of source covered by Article 63 (wine) will, upon complaint, receive a custodial sentence 
not exceeding one year or a monetary penalty. Where the offender is acting for commercial gain, he 
will be prosecuted ex officio . The penalty is a custodial sentence not exceeding five years or a 
monetary penalty (Article  172 of the LAgr).  
 
For civil proceedings, see the remedies provided by the LPM.  
 IP/C/R/GI/CHE/1  
 
- 23 - 
 
  Law on Unfair Competition (LCD ): 
 
Civil provisions: anyone whose goodwill,  credit or professional reputation, or business or economic 
interests in general, are the subject of an act of unfair competition or are threatened therewith may 
request the judge to prohibit it where imminent, to put an end to it where it still continues,  or to 
declare it illegal where the trouble it has caused persists. In particular, he may request that a 
rectification be made or that the judgement be communicated to third parties or published.  He may 
also ask for damages (Article  9 of the LCD).  Procee dings may also be instituted by customers whose 
economic interests are threatened or injured by an act of unfair competition. Proceedings may also 
be initiated by trade or business associations with rules and regulations authorizing them to protect 
the eco nomic interests of their members, organizations of national or regional importance with a 
statutory duty to protect consumers, and the Confederation, where it considers such action 
necessary to protect public interests (Article  10 of the LCD).  
 
Criminal pr ovisions: anyone that intentionally engages in unfair competition (for example, by 
providing inaccurate or misleading information on his goods or by taking measures liable to give rise 
to misunderstanding with respect to the goods) will, upon complaint, be  liable to a custodial sentence 
not exceeding three years or a monetary penalty (Article  23 of the LCD).  
 
48.  Both sets of questions are divided into patent -related subject matter and plant variety 
subject matter.  
Pursuant to Article 52 of the LPM, a declarat ory action to establish a right or a legal relationship 
concerning an indication of source may be brought by anyone demonstrating a legal interest in such 
a declaration. Pursuant to Article 55 of the LPM, an action for the enforcement of performance 
(termi nation or prohibition of an act, etc.) may be brought by anyone suffering or at risk of suffering 
an infringement of his right to an indication of source. The right to bring a declaratory action or an 
action for the enforcement of performance in relation t o indications of source, is also recognized by 
Article 56 of the LPM for:  
• trade and business associations with rules and regulations authorizing them to protect the 
economic interests of their members;  
• organizations of national or regional importance with a statutory duty to protect consumers;  
• the IPI, to the extent that indications such as "  Switzerland  ", " Swiss  " or other symbols or 
indications referring to the geographical territory of the Swiss Confederation are used;  
• the canton concerned, to the exte nt that its name or other symbols or indications referring 
to its geographical territory are used.  
 
49.  What judicial or administrative bodies have jurisdiction over enforcement actions 
related to geographical indications?  Are there fees involved and, if so, what are those 
fees?  
In general, see the description given by the Swiss delegation in document IP/N/6/CHE/311 (checklist 
on issues of enforcement).  
 
The judicial bodies (courts) are mainly responsible for proceedings. Prosecution falls to the cantons 
alone. In all cases, a final cantonal decision may be appealed to the Federal Tribunal.  
 
Cantonal consumer protection bodies may take administrative action in relation to breaches of 
geographical indication law in the area of food products.  
 
Provis ion is also made for border measures:  
• The Federal Customs Administration may notify the beneficiary of an indication of source or 
a trade or business association with the capacity to institute legal proceedings when there 
is reason to suspect the imminent importation or exportation of products to which the 
indication of source has been illegally affixed (Article  70 of the LPM). The beneficiary of the 
 
11  Text notified to the TRIPS Council in 2022 (document IP/N/6/CHE/3).  IP/C/R/GI/CHE/1  
 
- 24 - 
 
  indication of source or the trade or business association (hereinafter, the applicant) may 
request that the goods be detained.  
• The goods may be detained for a maximum of 10 working days. In exceptional 
circumstances, the detention period may be extended by a maximum of 10 working days. 
Anyone that improperly requests the detention of goods must make good the inj ury caused 
where the provisional measures are unjustified or where they have not been ordered 
(Articles  70 to 72b of the LPM and Articles  54 to 57 of the Ordinance on the Protection of 
Marks and Indications of Source).  
• The applicant may request the destruc tion of the goods, which is carried out at the expense 
of the applicant and on the condition that the declarant, holder or owner of the goods has 
not objected to the destruction (Article 72c to 72g of the LPM).  
 
For a more detailed description of the judic ial system and fees, costs, etc., see document 
IP/N/6/CHE/3.  
 
50.  Must the public be notified of the existence of a geographical indication and, if so, 
how and how often?  
Generally speaking, the protection of indications of source is based on the understandin g of the 
Swiss public, in accordance with Article 47.2 of the LPM.  
 
Regarding GI recognition procedures:  
 
Swiss wine GIs : the public is informed within the framework of the adoption of legislation 
(consultation procedure and publication of federal and cant onal laws and regulations). Furthermore, 
under Article 25 of the Ordinance on Wine, OFAG publishes the Swiss inventory of controlled 
appellations of origin.  
 
Agricultural PAOs and PGIs: the registration application, where approved, is published together wi th 
the main elements of the specification in the Swiss official trade gazette ( Feuille officielle suisse du 
commerce ). OFAG also notifies the public in a press release. An y objection to the registration may 
be addressed to OFAG in the three months following the date of this publication (Articles 9 and 10 
of the Ordinance on PAOs and PGIs). The registration of the PAO or PGI, once any objections or 
appeals have been rejected , is also published in the Swiss official trade gazette (Article 12 of the 
Ordinance on PAOs and PGIs). Anyone may consult the PAO and PGI register and request extracts 
from it (Article 13.3 of the Ordinance on PAOs and PGIs). The information contained in the register 
in accordance with Article 13.2 of the Ordinance on PAOs and PGIs is published and made freely 
available on the OFAG website.  
 
Non-agricultural PAOs and PGIs : once a registration application has been received, the IPI will 
publish the followin g information: the name or names concerned, the name and address of the 
applicant group or of the competent authority for the country of origin and, where appropriate, of 
its representative, the registration category requested (PAO or PGI), and the date wh en the 
application was filed (Article 8.3(a) of the Ordinance on Non -Agricultural PAOs and PGIs). Where the 
application is approved, the IPI will publish the above -mentioned information and the specification 
(Article 8.3(b) of the Ordinance on Non -Agricult ural PAOs and PGIs). Any objection to the registration 
may be addressed to the IPI in the three months following the date of this publication (Article 9 of 
the Ordinance on Non -Agricultural PAOs and PGIs). The IPI will enter the name in the register of 
non-agricultural PAOs and PGIs once any objections or appeals have been rejected. Anyone may 
consult the PAO and PGI register and request extracts from it (Article 11.7 of the Ordinance on Non -
Agricultural PAOs and PGIs). The information contained in the regi ster in accordance with Article 
11.4 of the Ordinance on Non -Agricultural PAOs and PGIs is published and made freely available on 
the IPI website.  
 
Geographical marks : registration applications and information on procedures are published in the 
intellectual property protection title database swissreg . 
 
Bilateral agreements: lists of third -country geogr aphical indications eligible for protection under a 
bilateral agreement are published in the Swiss official trade gazette, allowing interested parties to 
submit objections and invoke prior rights.  
 IP/C/R/GI/CHE/1  
 
- 25 - 
 
  Lisbon System : international registrations for which prote ction is sought on Swiss territory are 
published in the federal gazette. Interested parties have a period of three months to request the 
refusal of the effects of the international registration on Swiss territory by invoking the grounds 
mentioned in Articl e 50e.1 of the LPM.  
 
51.  Is unauthorized use of a geographical indication subject to criminal action and, if so, 
describe the procedures.  If the law has not been notified pursuant to Article 63.2 of the 
TRIPS Agreement, please provide a copy.  
Yes, see reply to question 47 above.  
 
Protection without registration under the LPM, non -agricultural PAOs and PGIs and geographical 
indications protected under an international agreement : 
 
The criminal penalties (Article 64) are a custodial sentence not exceeding one ye ar or a monetary 
penalty for whoever intentionally uses an inaccurate indication of source or a designation likely to 
be confused with an inaccurate designation, or creates a risk of deception by using a name, address 
or mark in connection with products or  services from another source. Where the offender is acting 
for commercial gain, the penalty is a custodial sentence not exceeding five years or a monetary 
penalty. The custodial sentence is combined with a monetary penalty.  
 
Agricultural PAOs and PGIs and  wine GIs : 
 
Criminal provisions: anyone that intentionally makes unlawful use of an appellation of origin or 
geographical indication protected under Article 16 (agricultural products, processed agricultural 
products, forestry products and processed forestr y products) or of an appellation of origin or 
indication of source covered by Article 63 (wine) will, upon complaint, receive a custodial sentence 
not exceeding one year or a monetary penalty. Where the offender is acting for commercial gain, he 
will be pr osecuted ex officio . The penalty is a custodial sentence not exceeding five years or a 
monetary penalty (Article  172 of the LAgr).  
 
Law on Unfair Competition (LCD ): 
 
Criminal provisions: anyone that intentionally engages in unfair competition (for example,  by 
providing inaccurate or misleading information on his goods or by taking measures liable to give rise 
to misunderstanding with respect to the goods) will, upon complaint, be liable to a custodial sentence 
not exceeding three years or a monetary penalty  (Article  23 of the LCD).  
H. INTERNATIONAL AGREEMENTS  
52.  Is your government party to an international, including bilateral or plurilateral, 
agreement for the notification and/or registration of geographical indications?  If so, 
please name the international agr eement and explain the relationship between it and your 
national legislation.  
Bilateral agreements on geographical indications and indications of source : 
 
• Treaty of 7 March 1967 between the Swiss Confederation and the Federal Republic of 
Germany on the protection of indications of source and other geographical names, entered 
into force on 30 August 1969 (RS  0.232.111.191.36);  
• Treaty of 16 November 1973 between the Swiss Confederation and the Czechoslovak 
Socialist Republic on the protection of indication s of source, appellations of origin and other 
geographical names, entered into force on 14  January  1976 (RS  0.232.111.197.41).  
 (N.B. The Treaty has remained in force for the Czech Republic following an exchange of notes 
on 24  February  1994; the same appli es to the Slovak Republic following an exchange of 
notes on 13  October/25  November  1994.)  
• Treaty of 9 April 1974 between the Swiss Confederation and the Spanish State on the 
protection of indications of source, appellations of origin and similar names, ent ered into 
force on 10 March 1976 (RS 0.232.111.193.32);  IP/C/R/GI/CHE/1  
 
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  • Treaty of 14 May 1974 between the Swiss Confederation and the French Republic on the 
protection of indications of source, appellations of origin and other geographical names, 
entered into force on 10 October 1975 (RS  0.232.111.193.49);  
• Treaty of 16  September  1977 between the Swiss Confederation and the Portuguese Republic 
on the protection of indications of source, appellations of origin and similar names, entered 
into force on 14  May 1980 (RS  0.232.11 1.196.54)  
• Treaty of 14 December 1979 between the Swiss Confederation and the Hungarian People's 
Republic on the protection of indications of source, appellations of origin and other 
geographical names, entered into force on 14 August 1981 (RS  0.232.111.194 .18); 
• Agreement of 21  June 1999 between the Swiss Confederation and the European Union on 
trade in agricultural products: Annex 7 on wine sector products (entered into force on 
1 June 2002), Annex 8 on spirits (entered into force on 1  June 2002), and Annex  12 on the 
protection of appellations of origin and geographical indications of agricultural products and 
foodstuffs (entered into force on 1  December  2011) (RS 0.916.026.81)  
• Agreement of 29  April 2010 between the Swiss Confederation and the Russian Federation 
on the protection of geographical indications and appellations of origin, entered into force 
on 1 September  2011 (RS 0.232.111.196.65)  
• Agreement of 23  September  2013 between the Swiss Confederation and Jamaica on the 
mutual recognition and prote ction of geographical indications, entered into force on 
1 September  2014 (RS 0.232.111.194.58)  
• Agreement of 31 May 2018 between the Swiss Confederation and Georgia on the mutual 
recognition and protection of geographical indications, appellations of origi n and indications 
of source, entered into force on 1  September  2019 (RS 0.232.111.193.60)  
 
53.  What other international agreements, if any, have been entered into?  What do those 
agreements provide?  
Switzerland is party to the following international conventio ns:  
• Paris Convention for the Protection of Industrial Property  (Stockholm Act, 1967) 
(RS 0.232.04)  
• Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods 
(Stockholm Act, 1967) (RS  0.232.111.131)  
• Convention of 1  June 1951 on the Use of Appellations of Origin and Denominations of 
Cheeses (Stresa Convention; RS 0.817.142.1)  
• Lisbon System: Geneva Act of the Lisbon Agreement on Appellations of Origin and 
Geographical Indications (2015), entered into force on 1 December 2021 (RS  0.232.111.14).  
 
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