Geographical Indication

“Swiss Watch” Divya.M (MFM/14/301)

“Switzerland” or “Swiss” Watch

A watch is considered to be Swiss if :

• its movement is Swiss

• its movement is cased up in Switzerland

• the manufacturer carries out the final

inspection in Switzerland

The Swiss Watch Movement

A movement is considered to be Swiss if

• it has been assembled in Switzerland

• it has been inspected by the manufacturer in

Switzerland

• the components of Swiss manufacture make up

for at least 50 percent of the value, without

considering the cost for assembly

The Swiss Watch Industry

Area: 41 284 km²

Population: 7 700 200 people

GDP: more than $ 636 billion

Languages: French, German, Italian, Romansh

Government: federal republic

Districts: 26 cantons

Capital: Bern

Export: 19 300 mln. EURO

Produced: 29.8 mln. pieces

Production centers: cantons Vaud, Geneve, Neuchatel, Jura

Marking Indications of Origin

• On watch cases

"Swiss case“

• On watch dials

"Swiss dial“

• On other

components of

watches "Swiss

parts"

Marking

indications

of origin

Geographical Indication “Swiss made”

A Swiss Ordinance of December 23, 1971, governs the use of the appellation “Switzerland” or “Swiss” for watches. This law sets out the conditions under which these indications can be used on watches. As stated on the Federation of the Swiss Watch Industry’s website, the understanding is that

“Swiss quality for watches depends on the amount of work actually carried out on a watch in Switzerland, even if some foreign components are used in it”.

Swiss Federal Institute of Intellectual

Property

• The Swiss Federal Institute of Intellectual Property, or IPI based

in Bern, is the Swiss Confederation’s agency competent for all

concerning patents, trademarks, geographical

indications, industrial designs and copyright

• The Federal Intellectual Property Agency was founded on 15

November 1888.

• It was renamed the Federal Office of Intellectual Property in 1978

as part of the new administrative organisation law.

• On 1 January 1996, it received the status of an independent

public law institution and continued under the name of the Swiss

Federal Institute of Intellectual Property (IPI).

• Direct Ordinance under WIPO Geneva

Swiss Federal Institute of Intellectual

Property

The protection of indications of source and

geographical indications in Switzerland

• An indication of source is a reference to the

geographical origin of goods or service - such as the designation 'Bern‘

• The Trade Mark Protection Act protects against any kind of illegal use of an indication of source for goods and services

• The term ‘indication of source’ is used for all direct (such as 'Bern') or indirect (such as 'the Matterhorn' or 'William Tell') references to the geographical origins of products or services, including reference to properties or qualities associated with the source.

Direct & Indirect Indication

SWISS watches (GI)

SWISS cheese (Generic)

SWISS airlines (Trademark)

The protection of geographical

indications abroad

Switzerland is a member of three international treaties, which regulate the protection of indications of source and geographical indications at international level.

• The Paris Convention for the Protection of Industrial Property provides for measures against the wrongful use of indications of source on products.

• The Madrid Agreement protects against false or deceptive indications of source and can be applied to any wrongful commercial use.

• Finally, the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights contains international minimum standards for the protection of geographical indications.

Swiss and International

Trademarks

• It can be registered nationally with protection

in Switzerland, or

• If your trademark is already registered abroad,

you can have protection extended to

Switzerland (international trademark). The

World Intellectual Property Organization

(WIPO) in Geneva is responsible for registering

and administering international trademarks.

Protection of Swiss GIs

• Swiss Federal Ordinance on the protection of trademarks (registration of watch producers)

• Swiss Federal Ordinance governing the use of the name «Swiss» for watches (Swiss movement, casing-up and final control in Switzerland)

• Collaboration with Swiss authorities (IPI, Consulates)

• Direct measures against misuses on products

• Certification marks in the U.S. and Hong Kong

Federation Of Swiss Watch Industry

Federation Of Swiss Watch Industry

• Is the Swiss watch industry leading trade association

based on Bienne

• Private, professional and non-profit oriented

association with 500 members representing more than

90% of swiss watch manufacturers (watch, clocks,

movements components etc)

• Also known as FH,

• It provides members services in the field of legal,

economical and commercial issue.

FH activities in enforcement of IPRs

• FH support the rights owners of 45 brands in the protection of their IPRs (Anticounterfeiting Group)

• Exclusively trademarks and some designs

• FH sets up pools of actions allowing:

- sharing of costs

- central point of contact for authorities

- Better allocation of resources and «production»

of intelligence

Marking Indications of Authenticity

• On watch cases “Swiss case”

• On watch dials “Swiss dial”

• On other components of

watches "Swiss parts"

Marking indications of origin

Federation Of Swiss Watch Industry

Top Swiss Brands

Infringement – Swiss Fakes

Service Providers Support

Infringement

Swiss Fakes

Initiatives by Federation of Swiss Watch

Industry

Thank You