The Swiss Advertising Association is generally in agreement with the "Swissness" bill, which aims to regulate the use of the Swiss coat of arms and flag, among other things. This is clear from the association's consultation response. "We are positive about the law because it does not make things any more difficult for the industry and finally makes it possible for goods to be legally advertised with the Swiss cross," legal consultant Marc Schwenninger told Werbewoche. Until now, it would not actually have been permitted - true to the letter of the law - for the national symbol to be printed on goods. Services, on the other hand, were allowed to be advertised with it. "Until now, Victorinox, for example, was not actually allowed to print the Swiss coat of arms on its pocket knives, but could use it on its stationery," explained Schwenninger. This discrepancy is now to disappear. Instead, a new distinction will be introduced, namely between the coat of arms and the flag. The coat of arms remains reserved for the Confederation, while the flag may be used in advertising if certain conditions are met: The Swiss share of the manufacturing costs of a product must be at least 60 percent. Swiss advertising expressly welcomes the fact that the Swiss flag can now be used freely in this case. It is less pleased that the coat of arms will also be denied to companies that have been using it in their communications for many years. The association would like to see this part of the bill deleted: "If this were to pass, it would be an intolerable restriction for advertising," says Schwenninger.
No advertising with foreign flags in future? The Swiss advertising industry also disagrees with the fact that foreign flags may no longer be used in advertising in Switzerland. This was previously regulated by law, "but everyone knows that this provision is constantly disregarded and many businesses use foreign flags to draw attention to products from abroad," said Schwenninger. The lawyer criticized the fact that this should no longer be possible in the consultation response. However, he is not overly optimistic that the request will be successful. Schwenninger assumes, however, that the existing practice in the legal gray area would continue even with the new law.
Swiss advertising, on the other hand, is pleased that the Swiss flag has now been officially defined for the first time. However, it would like to ensure that advertisers are not obliged to use the flag exactly as defined: They should still be able to modify it, for example in wave form or in combination with other graphic elements.
Negative consequences if the bill fails Other associations also view the bill positively, such as Economiesuisse, the Swiss Made interest group and the Swiss Tourism Association. However, there are also negative voices. Consumer organizations would like the Swiss content of a "Swiss Made" product to be 90 percent. And various political parties, like the Swiss advertising industry, are annoyed that the coat of arms should not be used in advertising in future. Of course, those directly affected, such as Victorinox and the Touring Club Switzerland (TCS), are also campaigning against this. However, Marc Schwenninger warns against massively torpedoing the bill. "The Swiss Federal Institute of Intellectual Property (IPI) has threatened that it will rigorously enforce the existing law if the revision fails." This would mean that the previously unlawful but quietly tolerated practice would no longer work. This would mean that countless companies would have to remove the Swiss cross from their products.