IPI and Swiss export industry join forces

In 2020, the Swiss Federal Institute of Intellectual Property (IPI) acted in 280 cases of infringement of “Swissness” legislation, but now there are new instruments

In 2020, the Swiss Federal Institute of Intellectual Property (IPI) took action in 280 cases of infringement of the “Swissness” legislation.
If the violation involves the Swiss coat of arms, the IPI systematically intervenes and has the goods destroyed at customs.
To better represent the interests of the Swiss economy in the fight against abuse abroad, private and public actors have joined together in a new association.

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Since January 1, 2017, legal regulations have been in effect for products and services that manufacturers wish to mark with an indication of Swiss origin, such as the Swiss cross, the designation “Swiss made” or other.
These rules are intended to protect the “Swiss brand” from misuse and to ensure the competitive advantage of companies producing in the Swiss Confederation in the long term.

Swissness” legislation brings the country CHF 1.4 billion

Every year, the “Swissness” legislation earns the Swiss national economy 1.4 billion francs. Opportunists also profit from this, both in Switzerland and abroad.
After a decline in previous years, the number of violations of the “Swissness” legislation reached record levels in 2020. The IPI intervened in 280 cases.
Increasingly, reports are coming from the population who see Swiss origin as a collective asset and are annoyed by the misuse of the Swiss cross.

Studie Die Rechtsdurchsetzung von Swissness im In und Ausland Situation und Ausblick

Customs destroys goods marked with the Swiss coat of arms at the request of the IPI
By law, the Swiss coat of arms may only be used by the Confederation and – unlike the Swiss cross – may not be used for commercial purposes.
At the request of the IPI, customs seizes goods bearing the Swiss coat of arms and destroys them.
Since the introduction of the “Swissness” legislation, this procedure has led to the destruction of ten consignments.
In cooperation with the Federal Customs Administration, abuses of the “Swissness” legislation in Switzerland are thus effectively curbed.

Close alliance to protect the “Swiss brand

What goes well at home must work even better abroad, where joining forces is indispensable to implement “Swissness” legislation, as confirmed by a study published by the Federal Council in December 2020. Swiss laws only apply in Switzerland.
Exporters of products, foodstuffs and services cannot benefit from the added value conferred by Swiss designations of source abroad if these are also used abroad by those who are not entitled to them.

UEberblick Rechtsdurchsetzung Swissness durch das IGE Charts 2020
Application de la legislation Swissness par l’IPI en 2020
Applicazione della legislazione Swissness da parte dell’IPI 2020

For years, trade associations, companies and the IPI have been independently combating misuse of the Swiss cross and the Swiss coat of arms.
In order to monitor markets globally and to jointly build up know-how on country-specific instruments for combating misuse, the key players in the implementation of the “Swissness” legislation founded the association Swissness Enforcement.
According to the authors of the study on the implementation of the “Swissness” legislation, a collective effort is needed to preserve the value of Swiss indications of source.
The surveyed users of Swiss indications of source welcome the public-private partnership Swissness Enforcement.