PAO/PGI Ordinance for Non-Agricultural Products

By Steph4
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In The Matter OfPAO/PGI Ordinance for Non-Agricultural Products
Exhibit A
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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. 19 Scope of protection

1 Any commercial use of a denomination protected under this Ordinance is prohibited for: a. similar products which do not fulfil the product specification; b. products that are not similar but where such use relies on the reputation of the protected denomination. 2 Paragraph 1 applies in particular if: a. the protected denomination is imitated or evoked; b. the protected denomination is translated; c. the protected denomination is accompanied by an expression such as «kind», «type», «style», «imitation» or similar; d. the origin of the product is indicated. 3 The imitation of a protected denomination or the evocation within the meaning of paragraph 2 letter a shall consist in particular of: a. any false or misleading indication about the origin of the product, the manufacturing process, the nature or essential characteristics of the inner packaging, outer packaging, advertising material or documentation of the product; b. any use of a container or packaging which may create a misleadin

Art. 20 Use of the designations PAO and PGI or similar designations

1 The designations «Protected Appellation of Origin» or «Protected Geographical Indication» or the corresponding abbreviations «PAO» or «PGI» must be indicated in an official language of the Confederation on the labelling of the products for which the protected Swiss denomination has been registered in accordance with this Ordinance and in accordance with the corresponding product specification. 2 The designations under paragraph 1 may be affixed on the labelling of the products for which the protected foreign denomination is used in accordance with the corresponding product specification. 3 The use of the designations under paragraph 1 or similar designations or designations which could be confused with them is prohibited for products for which a denomination has not been registered in accordance with this Ordinance or which do not comply with the product specification of the denomination registered in accordance with this Ordinance, even if they are subject to the transitional period

Art. 21 Transitional periods for the use of protected denominations

1 Products which do not fulfil the requirements for the use of a registered appellation of origin or geographical indication, but which have been lawfully marketed with this denomination in good faith for at least five years prior to the submission of the application for registration, may continue to be packaged and labelled under this denomination for two years and marketed for three years from the publication of the registration. 2 If the product specification of a denomination is amended in accordance with Article 10, the products covered by the former product specification may continue to be packaged, labelled and marketed in accordance with the former product specification for two years from the publication of the amendment.