Federal Council adopts "Swissness bill"
The «Switzerland» brand is to be better protected. To this end, the Federal Council submitted draft legislation to Parliament on Wednesday to revise the Trademark Protection Act and the Coat of Arms Protection Act.
According to SDA, Federal Councillor Eveline Widmer-Schlumpf told the media in Bern that the "Swissness bill" would create the basis for preserving the value of the "Switzerland" brand in the future. This is because "Swiss quality" or "Made in Switzerland" is increasingly being misused.
The law is now intended to regulate "how much 'Switzerland' must be in a product or service for it to be labeled 'Switzerland'," Widmer-Schlumpf explained. The current laws leave too many questions unanswered here. Specifically, natural products such as plants must have been harvested in Switzerland or a maximum of ten kilometers outside the Swiss borders in order to be advertised with the Swiss cross or the designation of origin "Switzerland". For processed natural products, at least 80 percent of the raw material weight must come from Switzerland.
Exceptions are possible
Exceptions apply to raw materials that are not available in Switzerland, such as cocoa, or that are temporarily unavailable due to crop failure caused by a storm. In the case of industrial products, at least 60 percent of the manufacturing costs must be incurred in Switzerland. The costs for research and development may also be taken into account. In addition, in the case of industrial products and processed natural products, the activity that gives the product its essential characteristics, for example the processing of milk into cheese, must take place in Switzerland. Services may be designated as Swiss if the headquarters of the provider company and the actual administrative center are located in Switzerland. In this way, the Federal Council wants to prevent letterbox companies from taking a slice of the "Swissness cake".
Swiss coat of arms remains reserved for the Swiss Confederation
As far as the Swiss coat of arms is concerned, this is generally reserved for the Swiss Confederation. Companies such as Victorinox or TCS, which have been using the coat of arms as part of their company logo for decades, are exempt. Widmer-Schlumpf went on to say that by allowing the Swiss cross to be used for products in future - today this is only the case for services - the Swissness bill would provide producers with an important advertising medium. Swiss products and services enjoy an excellent reputation both at home and abroad.
With the "Swissness bonus", the affected industries already generate a reputation premium of around CHF 6 billion, which corresponds to over 1% of Switzerland's gross domestic product. In addition to consumers, the Federal Council believes that research-intensive industries, the Swiss labor market and agriculture should also benefit from the proposal.
Exporting companies should benefit in particular from the possibility of registering non-agricultural geographical indications or geographical trademarks such as "Genève" for watches or "St. Galler Spitze" in a register that is yet to be created by the Swiss Federal Institute of Intellectual Property. This will simplify the enforcement of protection in future, particularly abroad.
However, the bill cannot prevent cheese from continuing to be sold with names such as "Swiss Cheese" or "Emmentaler" that has never even been close to Swiss soil. As long as these products are not advertised with a Swiss cross or specifically as Swiss products, these designations are permitted.
The law is now intended to regulate "how much 'Switzerland' must be in a product or service for it to be labeled 'Switzerland'," Widmer-Schlumpf explained. The current laws leave too many questions unanswered here. Specifically, natural products such as plants must have been harvested in Switzerland or a maximum of ten kilometers outside the Swiss borders in order to be advertised with the Swiss cross or the designation of origin "Switzerland". For processed natural products, at least 80 percent of the raw material weight must come from Switzerland.
Exceptions are possible
Exceptions apply to raw materials that are not available in Switzerland, such as cocoa, or that are temporarily unavailable due to crop failure caused by a storm. In the case of industrial products, at least 60 percent of the manufacturing costs must be incurred in Switzerland. The costs for research and development may also be taken into account. In addition, in the case of industrial products and processed natural products, the activity that gives the product its essential characteristics, for example the processing of milk into cheese, must take place in Switzerland. Services may be designated as Swiss if the headquarters of the provider company and the actual administrative center are located in Switzerland. In this way, the Federal Council wants to prevent letterbox companies from taking a slice of the "Swissness cake".
Swiss coat of arms remains reserved for the Swiss Confederation
As far as the Swiss coat of arms is concerned, this is generally reserved for the Swiss Confederation. Companies such as Victorinox or TCS, which have been using the coat of arms as part of their company logo for decades, are exempt. Widmer-Schlumpf went on to say that by allowing the Swiss cross to be used for products in future - today this is only the case for services - the Swissness bill would provide producers with an important advertising medium. Swiss products and services enjoy an excellent reputation both at home and abroad.
With the "Swissness bonus", the affected industries already generate a reputation premium of around CHF 6 billion, which corresponds to over 1% of Switzerland's gross domestic product. In addition to consumers, the Federal Council believes that research-intensive industries, the Swiss labor market and agriculture should also benefit from the proposal.
Exporting companies should benefit in particular from the possibility of registering non-agricultural geographical indications or geographical trademarks such as "Genève" for watches or "St. Galler Spitze" in a register that is yet to be created by the Swiss Federal Institute of Intellectual Property. This will simplify the enforcement of protection in future, particularly abroad.
However, the bill cannot prevent cheese from continuing to be sold with names such as "Swiss Cheese" or "Emmentaler" that has never even been close to Swiss soil. As long as these products are not advertised with a Swiss cross or specifically as Swiss products, these designations are permitted.
