How is the actual source of a product or service determined?
In conformity with Article 48 of the Trademark Law , the origin of a product is determined by the place where it is manufactured or the origin of the basic materials and components used. The Federal Council may define the conditions under which a Swiss indication of source may be used for certain products if it is in the best interests of the Swiss economy or particular sectors. This was done in the case of the Ordinance on the Use of “Swiss” for Watches which defines the Swiss watch. For other products where no more specific regulation exists, courts may apply Article 48 of the Trademark Law.Thus, according to a commercial court decision in St. Gallen, for every indication referring to Switzerland, at least 50% of the labor cost and the essential manufacturing processes must have taken place in Switzerland. • You will find more information on this subject in this document. If the designation is for services, it is determined by the registered office of the person providing the service