Is the current legislation (the Trademark Law and the ordinance) sufficient for the Federal Council to more precisely regulate the criteria for using a made in Switzerland designation?
Article 50 of the Trademark Law gives the Federal Council the authority to define the requirements for using Swiss indications of source for products or certain services (see question 14). link It is indicated that the Federal Council must hear trade associations and other economic interest groups on this issue (see question 20). b) By stipulating that the origin of a product is determined by the place of manufacturing or by the origin of the basic materials and components used (Art. 48, Trademark Law), the law defines the general framework which the Federal Council must use. c) The law also defines that the determining criteria is how the average Swiss consumer perceives the sign. The cantonal jurisprudence (St. Gallen) has just decided that the perception of consumers in relation to traditional products (e.g., pen-holders, scarves, etc.) and maintained that the manufacturing may be considered as ‘made in Switzerland’ under two (cumulative) conditions: 1. The essential manufacturing s
