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RS 232.112.2 Order of 2 September 2015 on the register of designations of origin and geographical indications for non-agricultural products (AOP and non-agricultural IGP Ordinance)

Original Language Title: RS 232.112.2 Ordonnance du 2 septembre 2015 sur le registre des appellations d’origine et des indications géographiques pour les produits non agricoles (Ordonnance sur les AOP et les IGP non agricoles)

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232.112.2

Order on the Register of Appellations of Origin and Geographical Indications for Non-Agricultural Products

(POA and Non-Agricultural PGI Ordinance)

2 September 2015 (State 1 Er January 2017)

The Swiss Federal Council,

See art. 50 A The Law of 28 August 1992 on the Protection of Marks 1 , given art. 13 of the Federal Law of 24 March 1995 on the status and tasks of the Federal Institute of Intellectual Property 2 ,

Stops:

Section 1 General provisions

Art. 1 Purpose

This order regulates the registration of appellations of origin and geographical indications of goods, with the exception of agricultural products, processed agricultural products, wines, silvicultural products and silvicultural products Processed.

Art. 2 Definitions

For the purposes of this order:

A.
Appellation of origin : a name that identifies a product as originating in a country, region or locality, the quality or characteristics of which are mainly or exclusively due to the geographical environment, including natural factors and Human, and all stages of production take place within the defined geographic area;
B.
Geographical indication : a name that identifies a product as originating in a country, region or locality and having a quality, reputation or other characteristic that can be attributed essentially to that geographical origin.
Art. 3 Denominations homonymous

1 Homonymous or partially homonymous names may be registered.

2 Practical conditions must be used to differentiate between homonymous or partially homonymous names, in order to ensure fair treatment of producers and in order not to mislead the public.

Section 2 Registration procedure

Art. 4 Quality to file an application for registration

1 Any group of producers representative of a product may file an application for registration with the Federal Institute of Intellectual Property (IPI).

2 A group of producers applying for the registration of an appellation of origin shall be deemed to be representative of the product concerned if it meets the following criteria:

A.
The production of its members accounts for at least half of the total production of the product;
B.
Its members represent at least 60 % of producers involved in each stage of production.

3 A grouping of producers applying for the registration of a geographical indication shall be deemed to be representative of the product concerned if it meets the following criteria:

A.
The production of its members accounts for at least half of the total production of the product;
B.
Its members represent at least 60 % of the producers putting the final product on the market.

4 A person may be treated as a group when the following conditions are met:

A.
It is the only producer willing to apply for registration;
B.
The geographical area delineated in the application for registration has substantially different characteristics than the neighbouring geographical areas or the characteristics of the product differ from those of the products developed in the areas Neighboring geographic areas.

5 The application for registration of a foreign name may be filed with the IPI by:

A.
A group or person within the meaning of s. 2, 3 or 4; or
B.
The competent authority for the country of origin, on behalf of the beneficiaries.

6 In the case of a name designating a cross-border geographical area or a traditional name linked to a cross-border geographical area, several groups or competent authorities may file an application Joint registration.

Art. 5 Contents of the registration request

1 The application for registration must show that the conditions laid down in this order for the registration of the appellation of origin or the geographical indication are fulfilled.

2 It contains in particular:

A.
The name of the group and its address and composition;
B.
The elements demonstrating the representativeness of the group;
C.
The elements justifying the essential or exclusive link between the quality, characteristics or reputation of the product and its geographical origin;
D.
Product specification within the meaning of s. 6.

3 For foreign names, the file must be completed by the following:

A.
The domicile of notification in Switzerland of the grouping or the competent authority for the country of origin;
B.
The name and address of the representative of the grouping or competent authority for the country of origin and, where appropriate, its domicile of notification in Switzerland;
C.
A document certifying that the name is protected in the country of origin;
D.
A document describing the control system applied by the private inspection bodies or the authorities responsible for ensuring compliance with the specifications within the meaning of Art. 18.

4 The application for registration must be addressed to the IPI in an official language of the Confederation or accompanied by a certified translation into one of the official languages.

5 Where the original language of the name does not use the Latin characters, the Latin characters shall be accompanied by a transcript in Latin characters.

Art. 6 Workbook

1 The specifications include:

A.
The name (s) and category of registration (appellation of origin or geographical indication);
B.
The delimitation of the geographical area of the product;
C.
Defining the stages of production, if the application relates to an appellation of origin;
D.
The description of the product, including, as appropriate, the raw materials and the main sensory, physical, chemical and microbiological characteristics;
E.
A description of the method of obtaining the product;
F.
The designation of one or more certification bodies within the meaning of s. 15 or, for foreign names, the designation of one or more private inspection bodies or of one or more authorities responsible for ensuring compliance with the specification within the meaning of Art. 18.

2 It may also include:

A.
The criteria for assessing the quality of the final product;
B.
A description of the distinctive shape of the product;
C.
Specific labelling or packaging elements;
D.
The elements relating to the packaging, where the grouping can justify that it must take place within the defined geographical area in order to ensure the quality of the product, its traceability or its control.
Art. 7 Consultation

1 The IPI may take the opinion of experts.

2 It invites the relevant federal authorities and the cantons to give their opinion.

Art. 8 Review, decision and publication

1 The IPI rules on the conformity of the application for registration with art. 2 to 6 taking into account the opinions issued during the consultation.

2 The registration decision may include practical conditions within the meaning of s. 3, para. 2, or specify that protection is not granted for certain elements of the name concerned.

3 The IPI publishes:

A.
On receipt of the application for registration: the name (s) concerned, the name and address of the grouping or competent authority for the country of origin and, if applicable, its representative, the category of registration requested (appellation of origin or geographical indication) and the filing date of the application;
B.
In the case of admission of the application: the elements referred to in Art. 11, para. 4.

4 The IPI determines the publishing body.

Art. Opposition to registration

1 May be opposed to registration:

A.
Any party within the meaning of the Federal Act of 20 December 1968 on the administrative procedure 1 ;
B.
A canton, if it is a Swiss name, of a cross-border name within the meaning of Art. 4, para. 6, or of a foreign name wholly or partly homonymous with a cantonal geographical entity or a traditional name used in Switzerland.

2 The opposition must be sent in writing to the IPI within three months of the publication of the registration.

3 The following grounds of opposition may be invoked in particular:

A.
The name does not comply with the definitions of s. 2; a generic name, in particular, does not comply with the definitions of s. 2;
B.
The applicant group is not representative;
C.
The registration may be prejudicial to a wholly or partly homonymous mark used for a comparable product, taking into account the duration of the use of the mark, its reputation and reputation.

4 The IPI rules on the opposition.


Art. 10 Amendment of the specification

1 Requests for amendment of the specification are subject to the same procedure as applications for registration.

2 In the following cases, the IPI shall act without following all the steps of the registration procedure:

A.
The application relates only to certification bodies within the meaning of s. 15 or on supervisory bodies or authorities within the meaning of s. 18;
B.
The application relates solely to labelling elements;
C.
The application relates only to the definition of the geographical area, without changing its delimitation.

Section 3 Register

Art. 11 Register in the Register

1 The IPI shall keep the register of appellations of origin and geographical indications within the meaning of this order.

2 The register may be kept in electronic form.

3 The IPI shall record in the Register the names it has accepted when the following conditions are met:

A.
No objections were filed on time;
B.
The possible objections or appeals were rejected.

4 The registry contains:

A.
The name (s);
B.
The category of registration: protected designation of origin or protected geographical indication;
C.
The name and address of the grouping or competent authority for the country of origin and, where appropriate, its representative;
D.
The specification;
E.
The date of filing of the application for registration and its contents, the date and content of the requests for amendment of the specification and the date and content of the decisions, oppositions and appeals relating to those applications;
F.
The name and address of the bodies or authorities responsible for checks on compliance with the product specifications applicable to products before they are placed on the market.

5 Errors in registration are corrected:

A.
At the request of the group;
B.
Office, where the error is merely a form or attributable to the IPI.

6 The amendments relating to the name and address of the group are not subject to the registration procedure.

7 Anyone may consult the register and obtain extracts from the register.

Art. 12 Record Duration

The registration of a name in the Register shall be unlimited, subject to cancellation within the meaning of Art. 13.

Section 4 Radiation

Art. 13

1 The IPI shall cancel the registration of a name:

A.
On request, where the name is no longer used, or if all the users and cantons or authorities of the country concerned no longer have an interest in maintaining the registration;
B.
Ex officio, if it finds that compliance with the specification is no longer ensured;
C.
Office, if it finds that the foreign name is no longer protected in its country of origin.

2 In advance, it shall consult the federal authorities and the cantons concerned, if it is a Swiss name, or the competent authority for the country of origin, if it is a foreign denomination. It shall hear the parties in accordance with the procedure laid down in Art. 30 A Of the Federal Act of 20 December 1968 on administrative procedure 1 .

3 It shall notify the parties of the cancellation decision and shall publish it.


Section 5 Fees

Art. 14

1 The fees are governed by the Rules of Procedure of April 28, 1997, on Fees of the Federal Institute of Intellectual Property 1 .

2 The IPI will examine applications or oppositions only after payment of the corresponding fee.


Section 6 Control

Art. 15 Designation and Activity of the Certification Body

1 Any person who uses a Swiss appellation of origin or a Swiss geographical indication registered in accordance with this order shall entrust to one or more certification bodies defined in the specification the control of the Compliance of its products.

2 Certification bodies must be accredited in accordance with the order of 17 June 1996 on accreditation and designation 1 For each denomination for which they certify.

3 Control procedures are defined in a manual developed for each denomination by the certification body (s).

4 The control manual applicable to each registered name shall be filed with the IPI.

5 The certification body (s) shall submit an annual report to the IPI for each registered name. This includes:

A.
The list of controlled companies;
B.
The quantities of products marketed under the registered name;
C.
The number and type of corrective actions and certification withdrawals.

6 The certification bodies report to the IPI, the cantons concerned and the grouping of the major irregularities found during the checks.


Art. 16 Control Procedures

1 The certification body shall:

A.
Initial authorisation, on the basis of the control of the structural conditions, of all producers putting the final product on the market and, in the case of an appellation of origin, of all producers involved in each stage of the Production;
B.
Verify the flow of goods;
C.
Ensure that the conditions under which production processes are met are met;
D.
Supervise the evaluation of the final product, if any, according to the criteria set out in s. 6, para. 2, let. A;
E.
To control the use of traceability marks within the meaning of Art. 17.

2 For producers putting the final product on the market, it controls at least every two years the flow of goods, the traceability and the conditions to which the production processes must satisfy. For producers involved in the other stages of production defined by the specification of an appellation of origin, it shall carry out periodic checks on a representative sample of the producers concerned.

3 The final product evaluation takes place at least once a year for each producer putting the final product on the market.

Art. 17 Traceability mark

1 A traceability mark is an authentication element that identifies the producer and guarantees the origin of the products and their conformity with the specifications.

2 It must be affixed to each final product or integrated into it.

3 Where the nature of the product is not suitable, it shall be affixed to the distinctive and non-reusable packaging of the final product.

Art. 18 Control applicable to foreign names

1 The verification of compliance with the specifications of an appellation of foreign origin or of a foreign geographical indication registered in accordance with this order may be ensured, before the products are placed on the market, by the The following agencies or authorities, depending on the country of origin regulation concerned:

A.
One or more private oversight bodies;
B.
One or more authorities designated by the country of origin.

2 The grouping shall inform the IPI of any change in the bodies and authorities referred to in para. 1.

Section 7 Protection

Art. 19 Scope of protection

1 Any commercial use of a name registered in accordance with this order is prohibited:

A.
For a comparable product not in accordance with the specification;
B.
For an uncomparable product, if such use exploits the reputation of the protected name.

2 L' al. 1 applies in particular in the following cases:

A.
The name is imitated or evoked;
B.
The name is translated;
C.
The name is accompanied by a formula such as "gender", "type", "style", "imitation" or a similar expression;
D.
The product source is indicated.

3 By imitation or evocation of a name within the meaning of para. 2, let. A, include:

A.
Any false or deceptive indication of the origin of the product, its method of production, its nature or its substantial qualities on the packaging, packaging, advertising or documents relating to the product;
B.
Any use of a container or packaging to create an erroneous impression on the source of the product;
C.
Any use of the distinctive form referred to in s. 6, para. 2, let. B.
Art. Use of references AOP or PGI or similar references

1 The terms "protected designation of origin" or "protected geographical indication" or their acronyms "PDO" or "PGI" must appear in an official language of the Confederation on the labelling of products for which the protected designation Shall be registered in accordance with this Ordinance and shall be used in accordance with the relevant specifications.

2 The particulars referred to in para. 1 may appear on the labelling of products for which the foreign protected name is used in accordance with the corresponding specifications.

3 The use of the references referred to in para. 1 or any similar or confusing statement shall be prohibited for products for which the name has not been registered in accordance with this order or for products which do not comply with the specifications of the Name registered in accordance with this order, including for products benefiting from transitional periods within the meaning of s. 21.

Art. Transitional periods for the use of registered names

1 Products which do not comply with the conditions governing the use of an appellation of origin or a registered geographical indication but which were marketed lawfully and in good faith under that name at least five years before The filing of the application for registration may still be conditioned and labelled with that name for two years from the date of publication of the registration and still be marketed under that name for three years. From that date.

2 Where the specification of a name is amended in accordance with Art. 10, products complying with the old specification may be packaged, labelled and marketed under the old specification for two years from the date of publication of the amendment.

Section 8 Entry into force

Art.

This order shall enter into force on 1 Er January 2017.



RO 2015 3669



State 1 Er January 2017