IP/C/W/117/Add.13/Rev.1  
18 September  2017 
(17-4918) Page: 1/20 
Council for Trade -Related Aspects  
of Intellectual Property  Original:  French  
 
   
REVIEW UNDER ARTICLE  24.2 OF THE APPLICAT ION OF THE  
PROVISIONS OF THE SE CTION OF THE TRIPS A GREEMENT  
ON GEOGRAPHICAL INDI CATIONS  
RESPONSES TO THE CHECKLIST OF QUESTIONS1 
Revision  
SWITZERLAND  
This document contains updated responses  to the Checklist of Questions, which the Secretaria t 
received from Switzerland  by means of a communica tion from its Permanent Mission dated 
14 September  2017. 
 
_______________  
 
 
1  RESPONSES TO THE QUESTION S 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 Trademark s and Indications of Source (LPM), 
without a ny formal notification or registration procedure, 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  additional requirements  other th an 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 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 federal 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 . 
 
                                                
1 Documents  IP/C/13 and IP/C/13/Add.1.  IP/C/W/117/Add.13/Rev.1  
- 2 - 
  An indication of source qualified as Swiss, 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 protecte d 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 another 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 
particular, where  they provid e more extensive protection . Where an intellectual property right 
cannot be prot ected 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 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 (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 Swis s and foreign) for all types of pr oducts ( 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 obtaine d 
by observing certain strict rules (representativeness of the applicant group, specification , public 
consultation, etc. ; for further details , see replies to questions 8 to 10 below).  
 
PAOs and PGI s for agricultural products, processed agricultural product s, forestry products and 
processed forestry products (hereinafter, agricu ltural PAOs and PGIs) are registered under 
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 50 a 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 appellation s 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 . 
 IP/C/W/117/Add.13/Rev.1  
- 3 - 
  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 Agreement ? Citations to laws 
should be provided and, if the texts of the laws have not been notified to the WTO, 
copies should be provid ed 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 PGI s; RS 232.112.2) .4 
 Ordinance  on the Use of the Designation "Swiss"  for Watches of 2 3 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 of 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 Appellation s of Origin and 
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 regula tions. 
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 means 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.  
                                                
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).  
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/23).  IP/C/W/117/Add.13/Rev.1  
- 4 - 
   In the context of the Ordinance on PAOs and PGIs  (agricultural products) : 33 Swiss 
names had been  registered as PAOs or PGIs by 31 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 certain cantonal legislation : 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 which they are protected.  
The higher level of protection required for wines and spirits under Art icle 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 ap pellations of origin or protected geographical 
indications may not  become generic . 
 
B. DEFINITION AND CRITERIA FOR RECOGNITION  
8.  How are geographical indications defined?  
The definitions vary according to the applicable laws and regulations.  
 
8.1 In the cont ext 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 se rvice: 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.  
 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 place designated by the indication of source : additional 
requirements must be met . These requirement s 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).  
 
8.2 In the context of the Ordi nance 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 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 factors, and as having been  produced in its entirety within the  defined 
geographical area.  IP/C/W/117/Add.13/Rev.1  
- 5 - 
   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, re putation 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:  
 
 Registered appellation of origin  (appellation d'origine controlee , 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 authorized vine varieties ; a list of authorized 
cultivation  methods ; a minimum natural sugar content  for each  authorized vine variety ; 
a maximum yi eld 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 . 
 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 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 . 
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 prod uction 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 benefiting from the geographical indication pertaining  to the regio n 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 Switzerland).  
 IP/C/W/117/Add.13/Rev.1  
- 6 - 
  10.  In determining whether recognition should be gi ven 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 evidence of its representativeness ; the name to be 
registered ; evidence that the na me is not generic ; evidence that the product comes from 
the geographical area  concerned  (historical record s and traceability) ; evidence of the link 
with the geographical environment or geographical origin (evidence that the product is 
typical of the area concerned) ; 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 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, address and com position of the applicant group ; proof 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 def inition 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 confer upon products benefiting from a PGI their quality, reputation or other 
particular c haracteristic s, 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 definitio n 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 considerat ion additional requirements other 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 an d, 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 concer ned and approved by the Federal Council following 
consultation with the cantons and the parties  concerned.  
 
PAOs and PGIs (excluding 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 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 registration application, observations made during the  consultations with the IP/C/W/117/Add.13/Rev.1  
- 7 - 
  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 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, 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 hom onymous 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 1 0 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 applies 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 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 (see reply to question 52 below) . 
 
16.  Is there any specific prohibition in the legislation/regulations/rules/procedures 
covering g eographical 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 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 registration as a PAO or PGI in Switzerland, 
under Article 15.1(c) of the Ordinance on PAO s 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 Agreement.  
 
C. PROCEDURE FOR RECOGNITION  
17.  With respect to any formal s ystem 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.  
 IP/C/W/117/Add.13/Rev.1  
- 8 - 
  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 an d 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, proces s 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 competen t 
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 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 the following conditions are met:  
 
a. it is the only producer willing  to file a n application  for registration;  
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 geogra phical 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, officially, any applicant s. 
 
Federal Council o rdinance under Article 50 of the LPM : the application is generally filed 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 under IP/C/W/117/Add.13/Rev.1  
- 9 - 
  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 PGIs 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 applicati ons and for registration.  
 
Swiss wine GIs: in their legislation, the cantons define  the use of appellations of origin and local 
wines with their own traditional names 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 above).  
 
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 (excluding 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 pr oduct 
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 eco nomic sector.  
 
Federal Council o rdinance under Article 50 of the LPM : while application s are generally filed by an 
economic sector, the Federal Council may also take the initiative and issue  an ordinance  of this 
type. 
 
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 infringement 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 n ational or regional importance wi th a 
statutory duty 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 Confederatio n, 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).  
 IP/C/W/117/Add.13/Rev.1  
- 10 - 
  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 spec ification 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 crite ria must be set out in an application for recognition of a geographical 
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 descrip tion 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 obtaining 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 t raceability 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 : 
 
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 application concerns an appellation of 
origin;  IP/C/W/117/Add.13/Rev.1  
- 11 - 
  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 forei gn 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 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 qual ity of the product 
and ensure traceability or control.  
 
23.  What information must be supplied 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 publishe d. The publication of the application opens 
a three -month period during which an y objection s 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 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 conc erned decides whether or not an  objection is valid 
(Article 11 of the Ordi nance 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 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 
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 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 oppo se the registration.  
 IP/C/W/117/Add.13/Rev.1  
- 12 - 
  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 recognition and con sequent protection?  
See replies to questions 15 above and 52 below.  
 
D. MAINTENANCE  
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 relevant 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 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.  
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 (Articl e 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?  
See reply to question 30 above.  
 
32.  Who monitors the use of geographical indications to d etermine if the criteria 
identified in the application continue to be met?  
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 duties 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.  IP/C/W/117/Add.13/Rev.1  
- 13 - 
   
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 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 concer ned, by one  or more private 
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 productio n 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 f or 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 mainta in 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 concern ed 
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 in terested 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 mark s: pursuant to  Article 35 d 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 ma rk 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 indicat ions. 
 
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.  
 
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 after 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 appellation of origin or geographical indication . For each 
producer, compliance with the criteria set forth  in the specification must be confirmed b y 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, incl uding traceability marks . IP/C/W/117/Add.13/Rev.1  
- 14 - 
   
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 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 use the GI  without  any authorization or control procedure . 
Monitoring of compliance with the requirements applicable to indications of sourc e 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 recogni tion 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, un der 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 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, 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 org anoleptic 
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?  
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 resolved?  
The question is not relevant in the context of  Swiss law . See replies to questions 28, 29, 30 and 34 
above.  
 IP/C/W/117/Add.13/Rev.1  
- 15 - 
  42.  Does the regime for protection of geographical indications allow geographical 
indications to be licensed and, if so, what conditions are imposed 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 geographical 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 product s, 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 sourc e of the products 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 n ame 
(Article 17.1(b) of the Ordin ance 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 m ay lead to the 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 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 (absolute 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 holde r 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 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 (simultaneous ly with the appellation of origin or 
geographical indication) provided, however, that he meets the criteria laid down for the use of the IP/C/W/117/Add.13/Rev.1  
- 16 - 
  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 geographica l 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 (Article 5 2); 
 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 damag es, 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 senten ce 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 ten working da ys. In exceptional 
circumstances, 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 ha ve not IP/C/W/117/Add.13/Rev.1  
- 17 - 
  been ordered (Articles 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 an d 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 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 o r 
indication 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 custod ial sentence 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 reputati on, or business or economic 
interests  in general , are the subject of an act of unfair competition or are threatened therewith 
may requ est 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 cu stomers 
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 intentionall y 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 complaint, be liable to a custodial 
sentence no t 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 
performance (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 indicat ions 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  
- 18 - 
  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?  
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 origin.  
 
Agricultural PAOs and PGIs : the registration application, where  approved, is publi shed 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 p ress 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 informa tion 
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 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, where 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 (Arti cle 8.3(b) of the Ordinan ce 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 (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 co ntained 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/117/Add.13/Rev.1  
- 19 - 
   
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, 
agreemen t for the notification and/or registration of geographical indications ? If so, 
please name the international agreement 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 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 2 4 February  1994; the same applies to the Slovak Republic following an exchange 
of notes on 1 3 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 
protecti on 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 indic ations 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 the Swiss Confederation and the Hungarian 
People 's Republic on the protection of indications of source, a ppellations 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 Swiss Confederation and the European Union 
on trade in agricultural products : Annex 7 on wine -sector produc ts (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 indications 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  
- 20 - 
  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 DOCUMEN T 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 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, and this prohibition appli es 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 th ese terms?  
 
See reply to question  8 in document IP/C/13 . 
 
3. Does your legislation contain criteria for homonymous geographical indications 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.  
 
__________