Federal Council Seeks Clarity and Legal Certainty for the «Switzerland» Brand»
On Wednesday, the Federal Council adopted a report proposing a revision of the law. The revision is intended to provide greater clarity and legal certainty regarding the use of the name «Switzerland» and the Swiss cross.
On Wednesday, the Federal Council adopted a report proposing a revision of the law. The revision is intended to provide greater clarity and legal certainty regarding the use of the name «Switzerland» and the Swiss cross. The Federal Council took this action in response to two parliamentary motions.
The Federal Council is considering four measures in particular to achieve this goal:
He recommends amending the Coat of Arms Act so that the use of the Swiss cross is also permitted for goods manufactured in Switzerland.
He intends to take the lead in drafting a new product-specific «Swiss Made» ordinance if the interested industry associations take the initiative and can agree on the general direction of the content. He recommends strengthening the protection of the designation «Switzerland» and the Swiss cross within the country. Unauthorized practices should be more consistently challenged, and criminal charges should be filed in cases of flagrant abuse.
Abroad as well, efforts will be stepped up to monitor whether the term «Switzerland» and the Swiss cross have been improperly registered as trademarks or as part of a trademark.
Furthermore, the Federal Council is examining additional measures to ensure better protection abroad. Current regulations are no longer satisfactory. In its report published on Wednesday, the Federal Council concludes that the regulations currently in force are no longer satisfactory. In particular, it is not justified that the Swiss cross may not be affixed to goods but may be used for services. Its use on goods manufactured in Switzerland should be permitted.
The use of the designation «Switzerland» is too broadly defined under current law. With the exception of watches, the conditions for its use are not specified by concrete criteria. However, regulations are needed that clearly specify when the designation may be used for goods. Furthermore, the Federal Council has concluded that cases of misuse in Switzerland and abroad are not being adequately prosecuted.
Initiatives from Many Quarters The company Trybol caused a stir in March of this year when it published a full-page ad seeking like-minded individuals to address the urgent need for action to better protect the «Switzerland» brand (see
). In June, the Council of States saw a need for action, and the Federal Council indicated its willingness to accept the postulates (see ). The Federal Council has now taken action on this matter.
The Federal Council is considering four measures in particular to achieve this goal:
He recommends amending the Coat of Arms Act so that the use of the Swiss cross is also permitted for goods manufactured in Switzerland.
He intends to take the lead in drafting a new product-specific «Swiss Made» ordinance if the interested industry associations take the initiative and can agree on the general direction of the content. He recommends strengthening the protection of the designation «Switzerland» and the Swiss cross within the country. Unauthorized practices should be more consistently challenged, and criminal charges should be filed in cases of flagrant abuse.
Abroad as well, efforts will be stepped up to monitor whether the term «Switzerland» and the Swiss cross have been improperly registered as trademarks or as part of a trademark.
Furthermore, the Federal Council is examining additional measures to ensure better protection abroad. Current regulations are no longer satisfactory. In its report published on Wednesday, the Federal Council concludes that the regulations currently in force are no longer satisfactory. In particular, it is not justified that the Swiss cross may not be affixed to goods but may be used for services. Its use on goods manufactured in Switzerland should be permitted.
The use of the designation «Switzerland» is too broadly defined under current law. With the exception of watches, the conditions for its use are not specified by concrete criteria. However, regulations are needed that clearly specify when the designation may be used for goods. Furthermore, the Federal Council has concluded that cases of misuse in Switzerland and abroad are not being adequately prosecuted.
Initiatives from Many Quarters The company Trybol caused a stir in March of this year when it published a full-page ad seeking like-minded individuals to address the urgent need for action to better protect the «Switzerland» brand (see
). In June, the Council of States saw a need for action, and the Federal Council indicated its willingness to accept the postulates (see ). The Federal Council has now taken action on this matter.
