The "Swissness" legislative package came into force on 1 January 2017. The revised Trademark and Coat of Arms Protection Act clarified the provisions on the indication of origin "Swiss Made" and the use of the Swiss flag on products.
a) Implications for Swiss manufacturers
The new "Swissness" criteria in the Trademark and Coat of Arms Protection Act strengthen the protection of the designation of origin "Switzerland" and the Swiss flag inland and at the same time facilitate protection abroad.
All products that use the "Swiss Made" designation of origin or the Swiss flag are subject to the new trademark protection legislation. The "Swiss Made" Ordinance for Cosmetics applies specifically to cosmetics. This ordinance is based on a preliminary draft of an industry ordinance prepared by the Swiss Cosmetics and Detergents Association (SKW), which was approved by the Federal Council on 23 November 2016. When using the designation of origin "Swiss Made" or the Swiss flag on the product:
b) Implications for suppliers of raw materials
Suppliers who use the "Swiss Made" designation of origin or the Swiss flag must also comply with the new legal Swissness provisions. The supply contracts should stipulate that the supplier is liable to the manufacturer for negative consequences in the event of a false indication of origin of a raw material.
Suppliers must be informed by the manufacturer of the SKW positive list for cosmetic raw materials and its meaning: