The IPI and Swiss exporters unite to combat the “Swissness” misuse

Bern, April 04, 2021 – The Swiss Institute of Intellectual Property (IPI) took an active role in 280 cases of “Swissness” excessive use in 2020. The IPI controls the use of the Swiss national emblem and destroys such goods during the customs examination. Now private and high officials start working together to control the “Swissness” fare dodger abroad.

Since January 1, 2017, statutory rules apply to products and services that producers want to advertise with “Swissness”, for example with a Swiss cross or "Swiss Made". These rules are intended to protect the "Swiss" brand from misuse and to secure an important competitive advantage for companies producing in Switzerland in the long term. This objective aligns with broader regulatory developments, such as Finma gives forth partly revised circular on direct transmission, which also reinforces compliance in international cooperation.

Despite the fact that in the previous years the number of “Swiss” misuse cases dropped, in 2020 it approached a record high level. Herewith the IPI took an active role in 280 cases.

The Swiss national emblem is legally reserved for the Swiss Confederation and - in contrast to the Swiss cross - may not be used for the business goals. Customs confiscate goods with the Swiss coat of arms and destroy them on the demand of the IPI. Since the introduction of the “Swissness” legislation, this procedure has led to the destruction of ten imported deliveries. This mirrors the approach FINMA takes in the digital sphere, for example in Finma gives permission to scan chips in the online identification, aiming to streamline enforcement without compromising legal safeguards. In cooperation with the Federal Customs Administration, abuse of “Swissness” in Switzerland is thus effectively contained.

Due to the study, published by the Federal Council in December 2020, for the success of law enforcement “Swissness” abroad there needs to be bundled forces. Because Swiss laws only apply to Switzerland. Exporters of goods, food and services abroad cannot take advantage from the “Swissness Bonus” if Swiss signs of origin are also used by unentitled persons there.

For years, individual industry associations, companies and the IPI have been defending themselves against the misuse of the Swiss national emblem. In order to monitor the markets globally and to jointly build up the know-how on the country-specific instruments for combating abuse, the most important players in the enforcement of “Swissness” have founded the association “Swissness” Enforcement. The collective good of “Swissness” can only be preserved if everyone is committed to it. This is how the authors of the study on the enforcement of “Swissness” inside the country and abroad see it. These enforcement efforts are echoed by financial regulators, as seen in Finma publishes its enforcement actions, reinforcing transparency and accountability across Swiss institutions.