IP/C/W/117/Add.13/Rev.1/Corr.1  
 
11 February 2019  
(19-0771) Page: 1/21 
Council for Trade -Related Aspects of  
Intellectual Property Rights  Original: French  
 
   
REVIEW UNDER ARTICLE  24.2 OF THE APPLICA TION OF THE  
PROVISIONS OF THE SE CTION OF THE TRIPS A GREEMENT  
ON GEOGRAPHICAL INDI CATIONS  
RESPONSES TO THE CHECKLIST OF QUESTIONS1 
SWITZERLAND  
Corrigendum*  
The following  editorial corrections are advised concerning the English version only of document 
IP/C/W/117/Add.13/Rev.1 , the revised set of responses to the Checklist of Questions  provided by 
Switzerland.  Annexed to the present document , for ease of reference,  is the full corrected text of 
the revised Swiss response to the Checklist of Questio ns. 
 
Question 1 :   
 
"taking into consideration additional requirements " should read " taking into consideration possible 
additional requirements " 
 
"An ind ication of source qualified as Swiss…" should read " A qualified Swiss indication of source …" 
 
Question 6: 
 
"In the context of the Ordinance on Wine and certain cantonal legislation " should read "In the context 
of the Ordinance on Wine and cantonal legislation s…"  
 
Question 8.4:  
 
"Registered appellation of origin (appellation d'origine controlee, AOC): .."  should read " Controlled 
appellation of origin ( appellation d'origine contrôlée , AOC): …" 
 
"Local wines with their own traditional names:  local wine produced from grapes grown in the 
geographical area of a single canton, bearing a traditional name …." should read " 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…"  
 
Question 10  
 
"Agricultural PAOs and PGIs : the registration application must include, most notably, the name of 
the applicant group and evidence of its representativeness; the name to be registered; evidence 
that the name is not generic; evidence that the product comes from the geographical area concerned 
(historical records and traceability); evidence of the link with the geographical environment or 
geographical origin (evidence that the product is typical of th e area concerned) …" should read 
"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 
                                                
1 Documents IP/C/13 and IP/C/13/Add.1.  
* In English only.  IP/C/W/1 17/Add.13/Rev.1/Corr.1  
 
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  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 )…." 
 
"proof that the applicant group is representative " should read "e vidence that the applicant group is 
representative"  
 
Question 13  
 
"consultation with the cantons and the parties concerned" should read " consultation with the cantons 
and the stakeholders " 
 
"PAOs and PGIs ( excluding wine)" should read " PAOs and PGIs ( other than  wine)" 
 
"Swiss wine GIs : the cantons define the production regions and areas, as well as the conditions of 
use for registered appellations of origin and traditional names that concern their territory, following 
consultation with producers. The Confederation currently limits itself to basic definitions for wines 
with registered appellations of origin, local wines, local wines with their own traditional names, and 
Swiss table wines …" should read " Swiss wine GIs : the cantons define the production regions and 
areas, as well as the conditions of use for controll ed appellations of origin and traditional 
denominations  that concern their territory, following consultation with producers. The Confederation 
currently limits itself to basic definitions for wines with controll ed appellations of origin, local wines, 
local wines with a specific  traditional denomination , and Swiss table wines …" 
 
Question 17  
 
"Appellations of origin for Swiss wines:  the definition and protection of  GIs are based on federal and 
cantonal legislation, without any registration procedure; this renders the question irrelevant, as 
there are not, officially, any applicants " should read " Appellations of origin for Swiss wines : the 
definition and protection of GIs are based on federal and cantonal legislation, without any 
registration procedure; this renders the question irrelevant, as there are not, formally, any 
applicants. " 
 
"Federal Council ordinance under Article 50 of the  LPM: the application is genera lly filed by an 
economic sector" should read " Federal Council ordinance under Article 50 of the LPM : the request  is 
generally raised by an economic  sector".  
 
Question 18  
 
"Swiss wine GIs : in their legislation, the cantons def ine the use of appellations of origin and local 
wines with their own traditional names …" should read "Swiss wine GIs : in their legislation, the 
cantons define the use of appellations of origin and local wines with a specific  traditional 
denomination …"  
 
Question 19  
 
"PAOs and PGIs ( excluding wine)" should read  "PAOs and PGIs ( other than  wine)" 
 
"Federal Council ordinance under Article 50 of the LPM : while applications are generally filed by an 
economic sector " should read " Federal Council ordinance under Article 50 of the LPM : while requests  
are generally raised by  economic sector s" 
 
 
_______________  
  IP/C/W/117/Add.13/Rev.1/Corr.1  
 
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  ANNEX  
 
1  RESPONSES TO THE QUESTIONS IN DOCUMENT IP/C/13  
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 
recognition 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 granted 
automatically under  the Law on the Protection of Trademarks and Indications of Source (LPM), 
without a ny formal notification or registration procedur e, provided that the legal conditions are 
satisfied (see replies to questions 8 to 10 and 13 below for more details) . The basis for the definition 
of a region or ge ographical 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  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.  
 
A formal  procedure for registration as an appellation of origin or geographical indication exists for 
all products apart from wine (for more details, see reply to question 2 below).  
 
Geographical indications for Swiss wines are defined by specific regulations at f ederal and cantonal 
level. Protection is therefore not granted through registration, but via legislative channels . For more 
details, s ee reply to qu estion 2 below . 
 
A qualified Swiss indication of source, wi thin the meaning of Article 48. 2 and 48.3 of the LPM, may 
be recognized and defined  by a Federal Council o rdinance 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 27 a et seq.  of the LPM.  
 
The Federal Law on Unfair Competition (LCD) of 1 9 December  1986 focuses  most notably on 
inaccurate or misleading descriptions of goods,  or measures liable to give rise to misunderstanding 
with respect to the goods  of anothe r person , and may be applied concurrently – in civil but not 
criminal law – to the protection derived from a special intellectual property (IP) law . Special IP laws 
only exclude the application of the LCD where  they regulate the matter thoroughly and, in p articular, 
where  they provid e more extensive protection . Where an intellectual property right cannot be 
protected under a special law, or where  the relevant 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 indicat ions 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 (see reply to question  1 above).  
 
There are also a number of  regimes offering protection according to the nature of the product.  
 
Geographical indications (both Swiss and foreign) for all types of pr oducts ( apart from  wines) may 
benefit from recognition as protected appellation s 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 
consultatio n, etc. ; for further details , see replies to questions 8 to 10 below).  IP/C/W/1 17/Add.13/Rev.1/Corr.1  
 
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PAOs and PGI s for agricultural products, processed agricultural products, forestry products and 
processed forestry products (hereinafter, agricu ltural PAOs and PGIs) are registered und er Article  16 
of the Law on Agriculture (LAgr) and Article 41 a of the Law on Forests . PAOs and PGI s for 
non-agricultural products (he reinafter, non -agricultural PAOs and PGIs) are registered under Article 
50a of the LPM.  
 
Geographical indications for  Swiss  wines are recognized by the cantons for wines produced in their 
territory, via cantonal legislation and in accordance wi th the provisions of the LAgr a nd Federal 
Ordinance on Wine.  
 
PAOs and PGI s registered in Switzerland, Swiss or foreign wine appellatio ns in conformity with the 
require ments 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 mark s under Article 27 a et seq. of the LPM.  
 
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 p rotection 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 
indications required by Articles 22.2 and 23.1 of the TRIPS Agre ement ? 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 27 a-27e; 47-52; 55-60; 64-65, 67 -72h. 
• Ordinance on the Protection of Trademarks of 2 3 December  1992 (OPM ; RS 232.111 )3: in 
particular,  Articles 52 a-52n and 53 -56. 
• Ordinance on the Registration of Appellations of Origin and Geographical Indications for 
Non-Agricultural Products  of 2 September  2015 (Ordinance on Non -Agricultural PAO s and 
PGIs; RS 232.112.2) .4 
• Ordinance  on the Use of the Designation "Swiss"  for Watches  of 23 December  1971 
(RS 232.119).5 
• Federal Law on Agriculture of 2 9 April 1998 (LAgr ; RS 910.1 )6: in particular,  Articles 14, 
16, 63 -64, 169, and 172 -175. 
• Federal Law on Forests of 4 October  1991 (LFo ; RS 921.0) : Article 41 a. 
• Ordinance on the Protection o f Appellations of Origin and Geographical Indications for 
Agricultural Products, Processed Agricultural Products , Forestry Products and Processed 
Forestry Products  of 28 May 1997 (Ordinance on PAO s and P GIs; RS 910.12).7 
• Ordinance of the Federal Department  of Economic Affairs, Education and Research  (DEFR)  
on the Minimum Control Requirements for Protected Appellations of Origin and 
                                                
2 Text notified to the TRIPS Council on 19  April 2017 (document IP/N/1/CHE/23). Last amended under 
section I of the Federal Law of 21  June 2013, in force since 1  January  2017 (RO 2015 3631; FF 2009 7711).  
3 Text notified to the TRIPS Council on 18  April 2017 (document IP/N/1/CHE/24).  
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/14).  
7 Text notified to the TRIPS Council on 18  April 2017 (document IP/N/1/CHE/G/15).  IP/C/W/117/Add.13/Rev.1/Corr.1  
 
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  Geographical Indications  of 11 June 1999 (Ordinance on the Control of PAO s and PGI s; RS 
910.124 ).8 
• Ordinance on Viticulture and  the Importation of Wine  of 14 November  2007 (Ordinance on 
Wine; RS 916.140)9 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 
protection required is provided.  
This question is not relevant  to Switzerland . See the replies above and below.  
 
6.  Please provide a few examples of domestic geographical indications protected in 
accordance with the m eans discussed above and indicate the means by which such 
protection is provided.  
• 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) : 33 Swiss names 
had been  registered as PAOs or PGIs by 3 1 May 2017, 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 context of the Ordinance on the Registration of Appellations of Origin and 
Geographical Indications for Non -Agricultural Products : no registration applications have 
yet been submitted, as this Ordinance has only been in force since 1 January  2017. 
• 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 . 
7.  Is the higher level of protection required for wines 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 whi ch they are protected.  
The higher level of protection required for wines and spirits under Article 23.2 of the TRIPS 
Agreement is provided , as for all other products, under Article 47. 3 and 47.3bis of the LPM . 
Furthermore,  under Article 16 .3, 16.6 and 16.7 of the LAgr  and Article 50 a.4 of the LPM , geographical 
indications registered as protected appellations of origin or protected geographical indications may 
not become generic . 
 
B. DEFINITION AND CRITERIA FOR RECOGNITION  
8.  How are geographical indication s defined?  
The definitions vary according to the applicable laws and regulations.  
 
8.1 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 mea ning 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 
                                                
8 Text notified to the TRIPS Council on 18  April 2017 (document IP/N/1/CHE/16).  
9 Text notified to the TRIPS Council on 24  September  2013 (document IP/N/1/CHE/G/2 3). IP/C/W/1 17/Add.13/Rev.1/Corr.1  
 
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  valleys , or other names that, in the mind of the public, refer to a precise geograp hical 
source.  
• 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 international 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 come  from the pla ce 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 reputat ion of the products concerned (Article 48. 2 and 48.3 of the LPM).  
 
8.2 In the context of the Ordinance on Non -Agricultural PAO s and PGI s, Article 2:  
 
• Appellation of origin : name identifying a product as originating  in a particular country, 
region or locali ty, as having a certain quality or characteristics that are essentially or 
exclusively due to a particular geographical environment, with its 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 quality, reputation or other characteristic essentially 
attributable to this geographical origin . 
8.3  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 origina ting 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, 
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, repu tation 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.  
8.4 In the context of the Ordinance on W ine, Article s 21 to 24:  
 
• Controll ed appellation of origin  (appellation d'origine contr ôlée, AOC ): name of a canton 
or a geographical area of a canton . The cantons establi sh 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 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 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  it 
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 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 . IP/C/W/117/Add.13/Rev.1/Corr.1  
 
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  • 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 o n 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 . 
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 geographical 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 product 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 nevertheles s 
benefiting 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 com e from Switzerland).  
 
10.  In determining whether recognition should be given a geographical indication, what 
criteria are considered?  
See the criteria listed in the definitions in the reply to question 8 above.  
 
Where  "criteria " is understood to mean the information that must accompany an application 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 na me is not generic ; proof that the product comes from the 
geographical area  concerned  (historical record s and traceability) ; evidence of the link wi th 
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 approv ed at a meeting of 
the representatives of the group ; and a summary of 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, a ddress and com position of the applicant group ; evidence  that the applicant 
group is representative ; evidence of  the essential or exclusive link between the quality, 
characteristics or reputation of the product and its geographical origin ; and the product 
specification (Articl es 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 system 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 Article 48.2 and 48.3 of the LPM, or in the 
processes that confe r upon products benefiting from a PGI their quality, reputation or other particular 
characteristic s, or in the criteria for the definition of geographical indications  for Swiss wine s. 
 
12.  Are there any other intellectual property rights involved, such as pate nts 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?  IP/C/W/1 17/Add.13/Rev.1/Corr.1  
 
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  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 unregistered 
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 prescribed manufacturing or processing principles 
or quality requir ements, 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 definition of the geographical area 
proposed by the rep resentative 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 registration 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 the conditions of 
use for controll ed appellations of origin and traditional denominations  that concern their territory, 
following consultation with producers . The Confederation currently limits itself to basic definitions 
for wines with controll ed appellations 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 (see reply 
8.4 to question 8 above).  
 
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 1 4 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 entered 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 indications without registration under the LPM ap plies to geographical indications 
of foreign countries in the s ame way as it does to those of  Switzerland . Registration as a PAO or 
PGI, or the registration of a geographical mark under Article 27 a of the LPM , is possible for 
geographical indications of bo th 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 (see reply to question 52 below) . 
 
16.  Is there any speci fic 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 recogniz ed as a geographical 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 statutory 
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 Switzerland 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 requirement for IP/C/W/117/Add.13/Rev.1/Corr.1  
 
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  the geograph ical 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 registration as a PAO or PG I in Switzerland, under Article 15.1(c) 
of the Ordinance on PAOs and PGIs, Artic le 13.1(c) of the Ordinance on Non -Agricultural PAOs and 
PGIs or Article 35(d) of the LPM with regard to geographical mark s, in accordance with Article 24.9 
of the TRIPS Agreem ent. 
 
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?  
Applicant s seeking  the formal recognition  of a geographical indication are generally private entit ies 
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 forested  area and 60 % of the processo rs; 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 produce 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 representative 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 where:  
 
a. the production of its members amount s 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 memb ers 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 the following conditions are met:  
 
a. it is the only producer willing  to file a n application  for registration;  IP/C/W/1 17/Add.13/Rev.1/Corr.1  
 
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  b. the geographical area described in the application for registration has characteristics  that 
differ significantly from those of neighbouring geographical areas or the characteristics of 
the product differ from those of products produced in neighbouring geographical areas.  
 
Appellation s of origin for Swiss wines : the def inition and protection  of GIs are  based on federal and 
cantonal legislation, wit hout any registration procedure ; this renders the question irrelevant, as 
there are not, formally, any applicants.  
 
Federal Council o rdinance 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 m ark based on a Federal Council o rdinance unde r 
Article 50 of the LPM or an equivalent foreign regulation, the applicant must be the umbrella 
organiz ation of the economic sector concerned.  
 
18.  What are the competent authorities where the protection of a geographical indication 
can be obtained?  
PAOs and P GIs for  agricultural products ( other than wine ): the Federal Office 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 legis lation, 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 Ordin ance on W ine are also respected (see reply 8.3 to question 8 abo ve). 
 
Federal Council o rdinance 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, in certain cases, by the competent authority of the country of origin on behalf of the 
beneficiaries (see reply to question 17 above).  
 
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 association that 
enters into dialogue with the cantonal authorities to express the demands of producers and defend 
their interests.  
 
Geographical marks : under Article 27 b 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 responsible for the 
regulation of wine appellations, the group that has obtained the protection of a foreign wine 
appellation , or the umbrella organiz ation of an economic sector.  
 
Federal Council o rdinance under Article 50 of the LPM : while requests  are generally raised by  
economic sector s, the Federal Council may also take the initiative and issue  an ordinance  of this 
type. 
 IP/C/W/117/Add.13/Rev.1/Corr.1  
 
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  Geographical indications protected without registration as indication s of source under  Articles 47 
et seq. of the LPM : a court's  recognition 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 i nfringement of their right to an indication of source, 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 wi th a statutory d uty to protect  
consumer s, by the IPI  against the unlawful  use of indications such as "Switzerland", "Swiss " or any 
other symbol or indication referring to the geographical territory of the Swiss Confederation, or by 
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 examining 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 registration 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 payable 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 mark s: the filing fee is CHF 550, a  surcharge of CHF 100 is applied for a n additional 
class, and a fee  of CHF 800 is charged for an objection . The registration of a geographical mark is 
valid for ten  years and renewable for the same amount of time upon payment of a fee of CHF 700.  
 
21.  If criteria must be set out in an application for recognition of a geograph ical 
indication, are those criteria purely geographic in nature?  
The criteria set forth in the definitions in the reply to question 8 , and the information provided in 
reply to  questions 10 and 17 above , relate 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 descr iption of the tree species and  physical or other intrinsic 
characteristics;  
d. a description of the method of obt aining the product;  
e. the designation of one or more certification bodies, and the minimum control requirements . 
 
The specification 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 order to safeguard the quality of the 
product and ensure traceability or control.  
 IP/C/W/1 17/Add.13/Rev.1/Corr.1  
 
- 12 - 
 
  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 : 
 
a. the name or names and the registration category (appellation of origin or geo graphical 
indication);  
b. a definition of the product's geographical area;  
c. a definition of the stages of production, where the application 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 contr ol bodies responsible for ensuring compliance with 
the specification.  
 
The specification may also include:  
 
a. criteria for evaluating 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 geographical area in order to safeguard the quality of the product 
and ensure traceability or control.  
 
23.  What information must be supplie d in an application for rights in a geographical 
indication?  
See replies to questions 10 and 22 above . 
 
24.  Must the goods or services with respect to which a geographical indication is claimed 
be set out?  
Yes, a registr ation application for a PAO or  PGI must include a very precise description of the product 
benefiting from the PAO or PGI (see replies  to question s 10 and 22  above).  
 
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 concerned (OFAG or the IPI), it is duly published . The publication of the application opens a 
three -month period during which an y object ions 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, particular ly where  the name is gen eric; 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 conc erned 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 lo dged against this authority's decision with the Federal Administrative Tribunal 
and, as a last resort , with the Federal Tribunal.  
 
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, trans -border IP/C/W/117/Add.13/Rev.1/Corr.1  
 
- 13 - 
 
  name or foreign name entirely  or partly homonymous with a cantonal geographical entity, the 
canto ns 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 Federal Law on Administrative Procedure of 2 0 December  1968; where 
the name concerned is a Swiss name, trans -border name or foreign name entirely  or partly 
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 pr otection of geographical 
indications or appellations of origin of foreign countries, what is the procedure that has 
to be followed in order to obtain such recognition and consequent protection?  
See replies to questions 15 above and 52 below.  
 
D. MAINTENANC E 
28.  How long does recognition for a geographical indication continue?  
The protection provided for a geographical indication is, by definition and under Swiss law, of 
unlimited  duration.  
 
For PAOs and PGIs , it is expressly stated that , once registered, appellations of orig in and 
geographical indications cannot  become generic (Article 16.3  of the  LAgr and Article 50 a.4 of the  
LPM). 
 
In the context of the LPM , it is protected, as an indication of source, against any incorrect  use, for 
as long as the releva nt public consider it a reference to the source of pro ducts or services 
(Article  47.2 of the  LPM).  
 
Where  the geographical indication is registered as a geographical mark , the protection is valid for 
ten years and  renewabl e for further ten -year periods upo n 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 reaffirmat ion. 
See replies to questions 20 and 28 above.  
 
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 GI s that are  unregistered  
but nevertheless protected as  indication s of source under Article 47 et seq. of the LPM, or for the 
protection of GIs registered as  PAOs or PGI s, recognized as appellation s 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 mark s (Article 27 e.3 of the LPM ). 
 
A geographical name not registered as a geographical indication may becom e 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?  
See reply to question 30 above.  
 
32.  Who monitors the use of geographical indications to determine if the criteria 
identified in the application continue to be met?  IP/C/W/1 17/Add.13/Rev.1/Corr.1  
 
- 14 - 
 
  Agricultural PAOs and PGIs : the use of appellations of origin and geographical indications is 
monitored by a n accredited  certification body  that meets the requirements set forth und er Articles  18 
to 20 of the Ordinance on PAOs and PGIs, under the supervision  of OFAG . The du ties of the 
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 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 appella tions 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 certif ication bodies are set out in Article 16 of that ordinance . Compliance with the specif ication 
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 pri vate control 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 volume for  grapes used in  wine production, in accordance with Article s 28 to 31 of 
the Ordinance on W ine. Trade in wine is monitored  by a control body designated by the Confederation 
or, for producers that vinify their own grape production  only, by a control body that may be 
designated by the cantons  (Articl es 33 to 41 of the Ordinance on W ine). 
 
33.  If a government entity is responsible for monitoring the use of geographical 
indications, what are its procedures for doing so?  
See reply to question 32  above.  
 
34.  Are there means by which interested 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 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 consultation with the federal and cantonal 
authori ties 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 compli ance 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 mark s: pursuant to  Article 35 d of the LPM, the IPI may can cel 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.  
 
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?  
See reply to question 34 above.  
 IP/C/W/117/Add.13/Rev.1/Corr.1  
 
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  E. SCOPE OF RIGHTS AND USE  
36.  May anyone who meets the criteria submitted to obtain recognition of a geographical 
indication use that geographical indication aft er recognition is given or must additional 
criteria or procedures be followed by that party before use is permitted?  
PAOs and PGIs : anyone placing products on the market that meets the criteria set forth  in the 
specification may use the protected appellati on 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 c ertification of products, including traceability marks . 
 
Swiss wine GIs: anyone meeting  the criteria established under federal and cantonal legisla tion may 
use the appellation of origin or local wine name . 
 
Geographical marks : under Article 27 d.1 of the LPM, a geographical mark may be used by any one 
meeting  the requirements set forth in the regulations governing the use of the mark . Furthermore, 
under Article 27 c.2 of the LPM , the regulations governing the use of the mark may not provide for 
remuneration for its use . 
 
GIs p rotected without registration under Articles 47 et seq. of the LPM : anyone meeting  the 
requirements set forth in the LPM may u se the GI  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.  
 
37.  Who makes the determination regarding use of a geographical indication by particular 
parties, the entity responsible for the recognition or the entity that obtained the 
recognition?  
See replies to questions 32 and 36 above.  
 
38.  Are there fees involved in receiving authorization to use a particular geographical 
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, h owever, be indirect fees relating to the checks or  certification 
required.  
 
GIs p rotected without registration under Articles 47 et seq. of the LPM : the GI may be used by 
anyone meeting  the requirements specified in the LPM, with out any authoriz ation 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 betwe en control and certification bodies, producers 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 indications . 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 particular party, 
what procedures are followed to resolve it?  
See replies to question 47 et seq.  below.  
 
40.  Must individual authorized users 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?  IP/C/W/1 17/Add.13/Rev.1/Corr.1  
 
- 16 - 
 
  See replies to questions 28, 29, 30 and 34 above.  
 
41.  If there is a dispute over continuity of use by a particular party, how is it reso lved?  
The question is not relevant in the context of  Swiss law . See replies to questions 28, 29, 30 and 34 
above.  
 
42.  Does the regime for protection of geographical indications allow geographical 
indications to be licensed and, if so, what conditions are impo sed on such licences ? If such 
conditions are not met, what is the effect on the geographical indication?  
Licensing is not authorized for geographical indications recogniz ed by a protection 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 geogra phical indication, under Article 24.4 of the 
TRIPS Agreement, applied in your country?  
The grandfathered use of a GI recogniz ed as such, or for which registration has been requested, is 
regulated by various provisions that are not specific to GIs for wines and spirits.  
 
First, grandfathered uses  for identical or similar products that do not correspond to the requirements 
of the  application for the registra tion 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 years for marketing as of the date of registra tion 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).  
 
The use  of a name 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 products or services, and, on 
the other, by the prov isions 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 n ame (Article 
17.1(b) of the Ordinance on PAOs and PGIs, and Article 19.1(b) of the Ordinance o n 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 the ordinance being 
modified to include the grandf athered 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 recognizing 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 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 (ab solute r eason 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 registra tion of a PAO or PGI 
where it would jeopardize his entirely or partly homonymous mark (Article 10.3(d) of the Ordinance IP/C/W/117/Add.13/Rev.1/Corr.1  
 
- 17 - 
 
  on PAOs and PGIs, and Arti cle 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 ind ication) 
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 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 50 a.5 of the LPM).  
 
45.  What steps are taken to ensure that, in recognizing a geograp hical indication, the 
obligations of Articles 16.2 and 16.3 of the TRIPS Agreement are not nullified and 
impaired?  
See reply to question 44  above . 
 
46.  What procedures are foreseen in case of a conflict of a geographical indication with a 
trademark?  
See reply to question 44 above . 
 
G. ENFORCEMENT  
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 
and, if they have not been notified under Article 63.2 of the TRIPS Agreement, please 
provide copies.  
Protection without registration under the LPM and non -agricultural PAOS and PGIs : 
 
The possible remedies in civil law are as follows:  
 
• declaratory action to establish a right or legal relationship (Articl e 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 indication of source (Article 55);  
• action for da mages, etc. (Article 55);  
• confiscation, d estruction, etc. (Article  57); 
• precautionary provisional measures (Article 59);  
• publication of judgement (Article 60).  
Furthermore, Article 51 a 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 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.  
 
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 (Ar ticle 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.  IP/C/W/1 17/Add.13/Rev.1/Corr.1  
 
- 18 - 
 
  • The goods may be detained for a maximum of ten working days . In exceptional 
circumst ances, the detention period may be extended by a maximum of ten working days . 
Anyone that improperly requests the detention of goods mus t make good the injury caused 
where  the provisional measures are  unjustified or where  they have not been ordered 
(Articl es 70 to 72 b of the LPM and Article s 54 to 57 of the Ordinance on the Protection of 
Marks and Indications of S ource).  
• 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 72 c to 72g of the LPM).  
Agricultural PAOs and PGIs and wine GIs: 
 
Criminal provisions : anyone that intentiona lly 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 
indicatio n of sou rce 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 sentenc e not exceeding five years or a 
monetary penalty (Article 172 of the LAgr).  
 
For civil proceedings, see the remedies provided by the LPM.  
 
Law on Unfair C ompetition  (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 (Arti cle 9 of the  LCD). Proceedings 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 economic interests of their members , organizations of national or regional importance with a 
statuto ry duty to protect consumer s, and the Confederation , where it considers such action 
necessary to protect public interest s (Article 10 of the LCD).  
 
Criminal provisions : anyone that intentionally engages in unfair competition (for example, by 
providing inaccurate or misle ading information on his goods or by taking measures liable to give rise 
to misundersta nding with respect to the goods ) will, upon compl aint, be liable to a custodial sentence 
not exceeding three years or a monetary penalty (Article 23 of the  LCD).  
 
48.  Who has the right to enforce a geographical indication?  
Pursuant to Article 52 of the LPM,  a declaratory 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, a n action for the enforcement of perform ance 
(termination or prohibition of an act, etc.) may be brought by anyone suffering  or at risk of suffering 
an infringement of his rig ht to an indication of source . The right to bring a declaratory action or an 
action for the enforcement of performance in  relation to indicat ions of source, is also recogniz ed 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 
consumer s; 
• the IPI, to the extent that indications  such as " Switze rland", "Swiss"  or other symbols  or 
indications referring to the geographical territory of the Swiss Confederation are used;  
• the canton concerned,  to the  extent that its name or other symbols or indications  referring 
to its geographical territory are used.  IP/C/W/117/Add.13/Rev.1/Corr.1  
 
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  49.  What judicial or administrative bodies have jurisdiction over enforcement actions 
related to geographical indications ? Are there fees involved an d, if so, what are those 
fees?  
See generally  the description given by the Swiss del egation in document IP/N/6/CHE/210 (checklist 
on issues of enforcement).  
 
The judicial bodies (courts) are mainl y 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.  
 
For border measures, see the reply to question 47 above.  
 
For a more detailed description  of the judicial system and fees, costs,  etc., see document 
IP/N/6/CHE/2 . 
 
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 understanding 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 the publication of federal and cantonal laws and regulations) . 
Furthermore, under Article 25 of the Ordina nce on W ine, OFAG publishes the Swiss inventory of 
controlled appellations of ori gin. 
 
Agricultural PAOs and PGIs : the registration application, where  approved, is published together with 
the main elemen ts of the specification in the Feuille officielle  suisse  du commerce  (Swiss  official 
trade gazette) . OFAG also notifies the public in a press release . Any 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 PAO s 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-agricult ural PAOs and PGIs : once a registration application  has been received , the IPI will 
publish the following 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, whe re appropriate, of 
its representative, the registration category requested (PAO or PGI) , and the date when the 
application was filed (Arti cle 8.3(a) of the Ordinance on N on-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 -Agricultural PAOs and PGIs) . Any objection to the registration 
may be addressed to the IPI in the three months following the date of this publication (Art icle 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 fr om it (Article 11.7 of the Ordinance on  
Non-Agricultural PAOs and PGIs) . The information contained in the register 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 . 
                                                
10 This document is currently being updated following the entry into force of certain legislative 
amendments and will be notified shortly.  IP/C/W/1 17/Add.13/Rev.1/Corr.1  
 
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  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, s ee reply to question 47 above.  
 
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 agreement and explain the relationship betwee n 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 3 0 August  1969 (RS 0.232.111.191.36)  
• Treaty of 1 6 November  1973 between the Swiss Confederation and the Czechoslovak 
Socialist Republic on the protection of indications of source, appellations of 
origin  and other geographical names, entered into force on 1 4 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 applies 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, entered into 
force on 1 0 March  1976 (RS 0.232.111. 193.32)  
• Treaty of 1 4 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 1 0 October  1975 (RS 0.232.111.193.49)  
• Treaty of 1 6 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 1 4 May 1980 (RS 0.232.111.196.54)  
• Treaty of 1 4 December  1979 between th e 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 1 4 August  1981 (RS  0.232.111.194.18)  
• Agreement of 2 1 June 1999 between the Swis s 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 geographic al indications of agricultural  products 
and foodstuffs  (entered into force on 1 December  2011) (RS 0.916.026.81)  
• Agreement of 2 9 April 2010 between the Swiss Confederation and the Russian Federation 
on the protection of geographical indicatio ns and appellations of origin, entered into force 
on 1 September  2011 (RS 0.232.111.196.65)  
• Agreement of 2 3 September  2013 between the Swiss Confederation and Jamaica on the 
mutual recognition and protection of geographical indications, entered into force on 
1 September  2014 (RS 0.232.111.194.58)  IP/C/W/117/Add.13/Rev.1/Corr.1  
 
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  53.  What other international agreements, if any, have been entered into ? What do those 
agreements provide?  
Switzerland is party to the following international conventions:  
 
• Paris Convention for the Protection of Industrial Property (Stoc kholm 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 (Stres a Convention ; RS 0.817.142.1)  
2  RESPONSES TO THE QUESTIONS IN DOCUMENT IP/C/13/ADD.1  
GENERAL (SECTION A OF DOCUMENT IP/C/13)  
1. Does your country's industrial property law and/or related law prevent the use of 
geographical indi cations 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 
expres sions such as "kind", "type", "style", "imitation" or the like?  
 
Yes, and 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 without 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.  
 
DEFINITIONS AND CRITERIA FOR RECOGNITION (SECTION B OF DOCUMENT IP/C/13)  
2. 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 criteria to distinguish these terms?  
 
See reply to question  8 in document IP/C/13 . 
 
3. Does your legislation contain criteria for homonymous geographical in dications for 
wines and spirits?  
 
See reply to question 14 in  document IP/C/13.  
 
RELATIONSHIP TO TRADEMARKS (SECTION F OF DOCUMENT IP/C/13)  
4. Does your country's industrial property law and/or related law provide for the 
refusal or invalidation of a trademark registration which consists of or contains 
geographical indications identifying wines or spirits with respect to such wines or spirits 
not originating in the indicated territory?  
 
See reply to question 44  in document IP/C/13.  
 
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