TITLE 2 INDICATIONS OF SOURCE
47. Principle
(1) Indications of source are direct or indirect references to the geographical origin of goods or services, including references to their nature or properties, having a relationship with their origin.
(2) Geographical names and signs not understood as a reference to a specific origin of goods or services in the relevant trade circles shall not be deemed indications of source within the meaning of paragraph (1).
(3) It shall be prohibited:
(a) to use incorrect indications of source;
(b) to use designations that may be confused with incorrect indications of source;
(c) to use a name, an address or a trademark in connection with goods or services of a different origin where this could be deceptive.
(4) Regional or local indications of source for services shall be deemed correct if such services satisfy the criteria of origin for the country concerned as a whole.
48. Origin of Goods
(1) The origin of goods shall be determined by the place of manufacture or by the origin of the basic materials and components used.
(2) The fulfillment of further conditions may also be required, namely, compliance with manufacturing principles and quality requirements that are customary or prescribed in the place concerned.
(3) The criteria shall be determined in the individual case on the basis of their influence on the reputation of the goods concerned; where an indication of source corresponds to usage, it shall be presumed to be correct.
49. Origin of Services
(1) The origin of services shall be determined by one of the following criteria:
(a) the registered offices of the person providing the service;
(b) the nationality of the persons exercising actual control over the policy and management of the business; or
(c) the domicile of the persons exercising actual control over the policy and management of the business.
(2) The fulfillment of further conditions may also be required, namely, compliance with the principles that are usual or prescribed for providing the service or the traditional association of those persons who provide the service with the country of origin.
(3) The criteria shall be determined in the individual case on the basis of their influence on the reputation of the services concerned; where an indication of source corresponds to usage, it shall be presumed to be correct.
50. Special Provisions
Where the general interest of the economy or of individual sectors so requires, the Federal Council may detail the conditions under which a Swiss indication of source may be used for specific goods or services. It shall first hear the Cantons and the professional and industrial associations concerned.
51. Producer Identification
Where the interests of a sector of the economy so require, the Federal Council may prescribe that a producer identification be affixed to goods of that sector of the economy.
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