A company may promote its services as being Swiss provided that its headquarters are situated in Switzerland.
The significant activities of the company and the significant decisions which have direct influence on the company must be at the place of the actual headquarters.
The law also takes into account different company structures. Company subsidiaries and foreign branches of a Swiss parent company may use the indication of source "Swiss" under the following cumulative conditions:
- The parent company is headquartered in Switzerland
- The parent company or one of its subsidiaries (which is actually controlled by it and whose headquarters are in Switzerland) is actually administered from Switzerland
- The indication of source is used for services similar to those provided by the parent company or the subsidiary in question
These criteria ensure that the parent company, which itself is commercially active, is able to actually control the services offered by one of its foreign subsidiaries.
Harmonisation and partial revision of guidelines as of 1 July 2023
Conference on Intellectual Property & Sustainability at the University of Geneva
Symposium: "Best practices in the fight against counterfeiting & piracy – NFTs not your cup of tea? Well, they should: NFTs as a new way of fighting counterfeiting and piracy"