- 60% of the manufacturing costs generated in Switzerland
- Activity that gives the product its essential characteristics
- An essential manufacturing step in Switzerland
At least 60% of the manufacturing costs (including research and development costs) must have been generated in Switzerland for industrial products. The step that gives the product its essential characteristics must also occur in Switzerland. In all cases, a "physical" manufacturing step must be carried out in the place of origin. The law also provides for several exceptions in this category of product: for example, the possibility of excluding raw materials that don't exist in Switzerland from this calculation under certain conditions.
The Excel-based Swissness calculator can serve as an aide in calculating the extent to which an industrial product will meet these requirements in order to be allowed to use a Swiss indication of source.
The Trade Mark Protection Act (TmPA) contains additional new exceptions and flexible regulations, in specific:
- a ‘bagatelle clause’ that allows components that play no significant role in the product to be excluded from the calculation (for example, a screw; Art. 52 let. j MSchV);
- flexibility for companies when accounting for semi-finished products for which they do not know the details of origin (Art. 52 let. i MSchV);
- the possibility to continue including research and development that has already been amortised in the calculation (Art. 52 let. g para. 3 MSchV).
Trade ordinances allow the requirements for certain goods or services to use a Swiss indication of source to be formulated in more detailed.
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