The legal basis for geographical indications in Switzerland
History of GI laws in Switzerland
Which law for which product?
In Switzerland, GIs are covered by a number of different laws, depending on the nature of the GI.
Who does what in Switzerland?
How to register a GI in Switzerland?
Sbrinz PDO
Denomination
The GI may be a geographical name alone, a combination of a common name and a geographical name, or a traditional denomination. It must already be in use on the market but must not be generic.
Applicant
The applicant must be a group of producers and/or processors that is representative of the product.
More on applicants for agricultural and processed agricultural products
A group is deemed representative where: its members produce, process or refine at least half of the product’s volume; at least 60% of producers, 60% of processors and 60% of refiners of the product are members; and it is shown that the group operates according to democratic principles.
More on applicants for appellations of origin
The representative group must include: those who produce the raw materials; those who process the product; those who refine it.
Eau-de-vie de poire du Valais PDO
Content of the application
The registration application must include:
- the name of the applicant group and proof of its representativeness;
- the name to be registered;
- proof that the name is not generic;
- proof that the product comes from the geographical area concerned and evidence of the link with the geographical environment or origin;
- a description of authentic and consistently applied local methods, if any;
- the product specification;
- proof that the registration application was approved at a meeting of the representatives of the group;
- a summary of the above‑mentioned information.
Valais raw ham PGI
Procedure
Step 1 | The authority approves the application for registration. It is published in the Swiss Official Gazette of Commerce. |
Step 2 | A deadline for objections is set. Possible grounds for objections
(conditions not met, name generic, group not representative, negative impact on an existing mark or name) |
Step 3 | The authority rules on the objections. If it rejects the objections, the name is registered and published in the Swiss Official Gazette of Commerce. |
Step 4 | The Swiss denomination can be registered in the Lisbon System to obtain international protection. |
Applicable legislation: Art. 9–10, 12, 13 PAO/PGI Ordinance for Agricultural Products Art. 9 PAO/PGI Ordinance for Non-Agricultural Products
Legal enforcement
What legal remedies are available?
There are many different legal remedies available depending on the type of GI and the applicable law.
Who can enforce GI protection?
The IPI’s main building in Bern
The following can enforce protection for indications of source:
- trade and business associations
- national or regional consumer protection organisations
- the IPI with respect to Swissness
- the canton concerned
For agricultural PAOs/PGIs and wine GIs, producer groups and GI beneficiary organisations take the lead in enforcing protection, often in cooperation with:
- the FOAG
- the IPI
- cantonal authorities
- Swiss PDO-PGI Association