PDO/PGI Ordinance

By Steph2
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In The Matter OfPDO/PGI Ordinance
Exhibit A
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English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

Art. 16 Unlawful use of the designations «AOC», «PDO» or «PGI» or similar designations

1 The designations «Registered Designation of Origin», «Protected Designation of Origin» and «Protected Geographical Indication» and their corresponding abbreviations (AOC, PDO, PGI) may not be used for products whose name has not been registered in accordance with this Ordinance. 2 The use of designations which are similar to those under paragraph 1 or misleading is also prohibited. 3 Paragraphs 1 and 2 also apply to products whose names, although registered, have not been certified in accordance with Article 18. 4 Foreign names which are registered in their country of origin are reserved.

Art. 16 — 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. 3 — Amended by No I of the O of 16 Sept. 2016, in force since 1 Jan. 2017 (AS 2016 3281).

Art. 16a Designations «AOC», «PDO» and «PGI»

1 The designations «Registered Designation of Origin», «Protected Designation of Origin» and «Protected Geographical Indication» or their corresponding abbreviations (AOC, PDO, PGI) must be written in one of the official languages on the labelling of products whose name has been registered in accordance with this Ordinance. 2 The designations and acronyms in paragraph 1 are optional for products whose names have been registered in accordance with Article 8a.

Art. 16a — Inserted by No I of the O of 14 Nov. 2007 (AS 2007 6109). Amended by No I of the O of 16 Sept. 2016, in force since 1 Jan. 2017 (AS 2016 3281).

Art. 17 Scope of protection

1 The direct or indirect commercial use of a protected name is prohibited: a. for similar products which do not meet the product specification; b. for dissimilar products where such use relies on the reputation of the protected name. 2 Paragraph 1 applies in particular where: a. the protected name is imitated or alluded to; b. the protected name is translated; c. the protected name is accompanied by an expression such as «style», «type», «method», «as produced in», «imitation», «using the recipe» or similar; d. the origin of the product is indicated; e. ... 3 The following are also prohibited: a. any false or misleading indication as to its true origin, provenance, manufacturing process, nature or essential characteristics on the inner or outer packaging, advertising material or accompanying documentation of the product; b. any use of a container or packaging which could give rise to a false impression as to the origin of the product; c. any use of the specific shape of the product ref

Para. 2 let. e — Inserted by No I of the O of 29 Oct. 2014 (AS 2014 3903). Repealed by No I of the O of 11 Nov. 2020, with effect from 1 Jan. 2021 (AS 2020 5445). Para. 3 let. c — Amended by No I of the O of 14 Nov. 2007, in force since 1 Jan. 2008 (AS 2007 6109). Para. 4 let. b — Inserted by No I of the O of 11 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 5445). Para. 5 — Inserted by No I of the O of 11 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 5445).

Art. 17a Products which do not conform to the product specification

1 Products which fail to meet the requirements for the use of a registered designation of origin or geographical indication, but which have been legally marketed under such indications for at least five years prior to publication of the application for registration, may continue to be produced, packaged and labelled under this indication in accordance with previous legislation for a period of up to two years following publication of the registration. They may continue to be marketed for a period of up to three years following the aforesaid publication. 2 If the product specification referred to in Article 14 (1) is amended, the products in question may continue to be produced, packaged, labelled and marketed under previous legislation for a period of up to two years following publication of the amendment.

Art. 17a — Inserted by No I of the O of 12 Jan. 2000 (AS 2000 379). Amended by No I of the O of 16 Sept. 2016, in force since 1 Jan. 2017 (AS 2016 3281).