PAO/PGI Ordinance for Non-Agricultural Products
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only, has no legal force and may not be relied on in legal proceedings.
Art. 4 Entitlement to submit an application for registration
1 Any group of producers that is representative of a product may submit an application for registration to the Swiss Federal Institute of Intellectual Property (IPI). 2 A group of producers which submits an application for registration of an appellation of origin is deemed representative of the product in question if it fulfils the following criteria: a. Its members produce at least half of the total production of the product. b. Its members represent at least 60 per cent of the producers involved in each stage of production. 3 A group of producers which submits an application for registration of a geographical indication is deemed representative of the product in question if it fulfils the following criteria: a. Its members produce at least half of the total production of the product. b. Its members represent at least 60 per cent of the producers who place the final product on the market. 4 An individual may be deemed equivalent to a group if the following requirements are fulfilled:
Art. 5 Content of the application for registration
1 The application for registration must demonstrate that the requirements of this Ordinance for the registration of the appellation of origin or geographical indication have been met. 2 It shall include in particular: a. the name of the group, its address and composition; b. proof that the group is representative; c. evidence that the quality, characteristics or reputation of a product is mostly or exclusively connected to its geographical origin; and d. the product specification in accordance with Article 6. 3 For foreign denominations, the dossier must be supplemented with: a. the address for service in Switzerland of the group or the authority responsible for the country of origin; b. the name and address of the representative of the group or of the authority responsible for the country of origin as well as their address for service in Switzerland where applicable; c. a document which certifies the protection of the denomination in the country of origin; and d. a document which desc
Art. 6 Product specification
1 The product specification shall contain the following information: a. the denomination or denominations as well as the category of the registration (appellation of origin or geographical indication); b. the definition of the geographical area of the product; c. if the application concerns an appellation of origin: a definition of the production stages; d. a description of the product, including the raw materials and the main sensory, physical, chemical and microbiological properties; e. a description of the production method; f. the designation of one or more certification bodies in accordance with Article 15, or, for foreign denominations, the designation of one or more private control bodies or authorities responsible for ensuring compliance with the product specification in accordance with Article 18. 2 It may also include the following information: a. the criteria for evaluating the quality of the final product; b. a description of the distinctive shape of the product; c. the spe
Art. 7 Opinions
1 The IPI may obtain opinions from experts. 2 It shall invite the relevant cantonal and federal authorities to submit their opinions.
Art. 8 Examination, decision and publication
1 The IPI shall decide whether the application for registration meets the requirements of Articles 2–6 and shall take the opinions submitted into account. 2 The decision on the registration may contain specific conditions as defined in Article 3 paragraph 2 or may clarify that protection is not granted for certain elements of the denomination concerned. 3 The IPI shall publish: a. once the application for registration has been received: the denomination or denominations concerned, the name and address of the group or authority responsible for the country of origin as well as their representative where applicable, the category of the requested registration (appellation of origin or geographical indication) and the date of receipt of the application; b. if the application is approved: the information under Article 11 paragraph 4. 4 The IPI shall determine the organ of publication.
Art. 9 Objection to the registration
1 The following may object to the registration: a. any party as defined in the Federal Act of 20 December 1968 on Administrative Procedure; b. the cantons, provided the case relates to a Swiss denomination, a trans-border denomination within the meaning of Article 4 paragraph 6 or a foreign denomination that is the same as or similar to that of a cantonal geographical unit or a traditional denomination used in Switzerland. 2 The objection must be submitted in writing to the IPI within three months of the publication of the registration. 3 In particular, the following grounds for objection may be asserted: a. The denomination does not comply with the definitions under Article 2; a generic denomination, in particular, does not comply with the definitions under Article 2. b. The applicant group is not representative. c. The proposed registration would be disadvantageous to a completely or partially homonymous trade mark used for a similar product in view of the length of use of this trade
Para. 1 let. a — SR 172.021
Art. 10 Amendment of the product specification
1 For applications to amend the product specification, the same procedure applies as for applications for registration. 2 In the following cases, the IPI shall make a decision without carrying out all stages of the registration procedure: a. The application solely concerns the certification bodies under Article 15 or the control bodies or authorities under Article 18. b. The application solely concerns labelling elements. c. The application solely concerns the definition of the geographical area without changing the delimitation.