Are the general regulations in the Trademark Law fairly straightforward to interpret?
Article 48 of the Trademark Law refers to the place of manufacturing. The term ‘manufacture’ is key to the interpretation. Unfortunately, no federal jurisprudence has yet defined this point. The few court decisions available are at the cantonal level and cover products with relatively simple manufacturing processes. The interpretation of Article 48 of the Trademark Law is a tricky question, particularly in the context of products involving lengthy and complex manufacturing processes (for example: technological products). In fact, it is debatable whether the cost of research and development can be considered part of the production costs and/or as an essential step in the manufacturing process. Furthermore, it is undecided whether this question applies to all products or only certain ones. See also question 8.
