The category of industrial products includes all products which are neither natural products nor processed natural products. For Swiss industrial products, at least 60% of the manufacturing costs must be incurred in Switzerland. In addition, an essential manufacturing step must take place in Switzerland.
- 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 Ordinance (MSchV in German) 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.
Study: How important IP rights are for the Swiss economy
Better international protection for Swiss quality products
Roundtable on the protection of computer-implemented inventions
10.04.2019 | Event
The IPI at the Exhibition of Inventions in Geneva from 10 to 14 April 2019 - why not stop by and see us?