PDO/PGI Ordinance
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 1 Principle
1 Designations of origin and geographical indications for agricultural products, processed agricultural products, forestry products and processed forestry products (products) that have been entered into the Swiss Federal Register are protected. 2 They may only be used in accordance with the provisions set out in this Ordinance. They may be used by any operator who markets products that meet the relevant product specification. 2bis Foodstuffs manufactured from agricultural products are deemed equivalent to processed agricultural products at all stages of the production process. 3 The Wine Ordinance of 14 November 2007 applies to wine designations.
Para. 1 — Amended by No I of the O of 16 Sept. 2016, in force since 1 Jan. 2017 (AS 2016 3281). Para. 2 — Amended by No I of the O of 16 Sept. 2016, in force since 1 Jan. 2017 (AS 2016 3281). Para. 2bis — Inserted by No I of the O of 14 Nov. 2007, in force since 1 Jan. 2008 (AS 2007 6109). Para. 3 — SR 916.140 Para. 3 — Amended by No I of the O of 14 Nov. 2007, in force since 1 Jan. 2008 (AS 2007 6109).
Art. 1a Forestry products and processed forestry products
In this Ordinance: a. forestry products means round wood; b. processed forestry products means raw or planed sawn wood products.
Art. 1a — Inserted by No I of the O of 16 Sept. 2016, in force since 1 Jan. 2017 (AS 2016 3281).
Art. 2 Designation of origin
1 The name of a region, a place, or, in exceptional cases, a country used to describe a product: a. originating in that particular region, place or country; b. the quality or characteristics of which are essentially or exclusively due to a particular geographical environment with its inherent natural and human factors; and c. the production, processing and refining of which take place in the defined geographical area may be registered as a designation of origin. 2 Traditional names for products that meet the conditions set out in paragraph 1 may be registered as designations of origin.
Art. 2 — Amended by No I of the O of 14 Nov. 2007, in force since 1 Jan. 2008 (AS 2007 6109). Para. 1 — Amended by No I of the O of 16 Sept. 2016, in force since 1 Jan. 2017 (AS 2016 3281). Para. 2 — Amended by No I of the O of 16 Sept. 2016, in force since 1 Jan. 2017 (AS 2016 3281).
Art. 3 Geographical indication
1 The name of a region, a place, or, in exceptional cases, a country used to describe a product: a. originating in that particular region, place or country; b. which possesses a specific quality, reputation or other characteristics which can be attributed to that geographical origin; and c. the production, processing or refining of which take place in the defined geographical area may be registered as a geographical indication. 2 Traditional names for products that meet the conditions set out in paragraph 1 may be registered as geographical indications.
Art. 3 — Amended by No I of the O of 14 Nov. 2007, in force since 1 Jan. 2008 (AS 2007 6109). Para. 1 — Amended by No I of the O of 16 Sept. 2016, in force since 1 Jan. 2017 (AS 2016 3281). Para. 2 — Amended by No I of the O of 16 Sept. 2016, in force since 1 Jan. 2017 (AS 2016 3281).
Art. 4 Generic name
1 A generic name may not be registered as a designation of origin or geographical indication. 2 A generic name means the name of a product which, although it relates to the place or the region where this product was originally produced or marketed, has become the common name of the product. 3 To decide whether or not a name has become generic, account shall be taken of all relevant factors, in particular the opinions of producers and consumers, especially those in the region from which the name originates.
Para. 3 — Amended by No I of the O of 14 Nov. 2007, in force since 1 Jan. 2008 (AS 2007 6109).
Art. 4a Homonymous names
1 Where an application for registration concerns a name homonymous with a name that has already been registered, and where the homonymous name to be registered leads the public to assume that the products come from a different region or a different place, that name may not be registered even if it is the correct name of the region or place that the products come from. 2 There must be a clear distinction between use of the homonymous name registered subsequently and use of the name already on the register, so as to ensure that the producers concerned are treated appropriately and consumers are not misled.
Art. 4a — Inserted by No I of the O of 26 Nov. 2003, in force since 1 Jan. 2004 (AS 2003 4867). Para. 1 — Amended by No I of the O of 16 Sept. 2016, in force since 1 Jan. 2017 (AS 2016 3281).
Art. 4b Name of a plant variety or animal breed
1 A name may not be registered as a designation of origin or a geographical indication where it corresponds to the name of a plant variety or an animal breed and is likely to mislead consumers as to the true origin of the product. 2 Any danger of misleading consumers is in particular excluded where the name is homonymous with a local plant variety or animal breed that has not left its territory of origin or where the name of the plant variety or animal breed can be changed.
Art. 4b — Inserted by No I of the O of 14 Nov. 2007, in force since 1 Jan. 2008(AS 2007 6109).