Swiss made is a label or marking used to indicate that a product was made on the territory of Switzerland. It is also a geographical indication protected under different Swiss and international laws and treaties.[1] According to the Swiss Federal Act on the Protection of Trade Marks and Indications of Source, a good or service may be designated "Swiss made" if:[2]
Most often associated with watches or timepieces made in Switzerland, Swiss law considers a watch to be Swiss made if its technical development is carried out in Switzerland, its movement is Swiss, if its movement is cased up in Switzerland, if the final inspection of the watch is conducted by the manufacturer in Switzerland, and at least 60 per cent of the manufacturing costs are incurred in Switzerland. These legal criteria are stated in the Ordinance on the Use of «Switzerland» or «Swiss» for Watches.[3] Besides the "Swiss made" requirements, the indication «Swiss movement» may be placed on watches that contain a Swiss movement. The word «movement» must be written in full and must be of the same typeface, size and colour as the designation «Swiss». In addition to "Swiss made", under Swiss law watches may carry the words "Suisse", "produit suisse", "fabriqué en Suisse", "qualité suisse" or simply the English translation, "Swiss" if the legal criteria stated in the abovementioned Ordinance are met.
Outside of the jurisdiction of Switzerland, the same legal requirements for the use of the terms "Swiss" and "Swiss Made" may apply, notably for watches in the European Union, United States and Hong Kong as certification/collective marks "SWISS" are registered.
- For food products: 80% of the weight of the raw materials and the essential processing must take place in Switzerland.
- For industrial products: 60% of the manufacturing costs and 50% of the essential manufacturing step must occur in Switzerland.
- For services: the company headquarters and administration must be located in Switzerland.
History
The wording was formally adopted in the late 19th century[4] and is unique in that most other countries use the phrase "Made in (Country Name)". The most obvious place where the label is found is on Swiss watches. The Swiss laws permit the use of the words "Suisse", "produit suisse", "fabriqué en Suisse", "qualité suisse" or the translations, "Swiss", "Swiss made", "Switzerland", only on watches manufactured in Switzerland. The label "Swiss Made" is the more common, but on some older watches, for example, the word "Swiss" appears alone on the dial at the six o'clock position.
There are two sections of the Swiss law that pertain to the use of the name Swiss made. The first law, which applies to all types of Swiss products, is the "Federal Act on the Protection of Trade Marks and Indications of Source".[2] Its article 50 provided the authority for the enactment of the second law, the Ordinance on the Use of «Switzerland» or «Swiss» for Watches, relating specifically to Swiss watches.[5]
Watches
According to current Swiss legislation, watch manufacturers and brands are allowed to use the label “Swiss made” only if their timepieces fulfill a set of clearly defined legal requirements. These standards are part of Switzerland’s ongoing efforts to protect the reputation and authenticity of its watchmaking industry, which is renowned worldwide for quality, craftsmanship, and precision.
However, it's important to understand that the definition of “Swiss made” has not always been the same. Over the years, the legal criteria have been revised and refined. In earlier decades, there were fewer regulations, and in some cases, the standards were not even codified in national law. This means that vintage watches or older models that bear the “Swiss made” mark may not necessarily conform to the stricter legal requirements that are in place today.
That being said, the presence of the “Swiss made” label on an older watch does not automatically mean it falls short of modern standards. In fact, many vintage Swiss watches were built with exceptional craftsmanship and might even exceed the current minimum legal benchmarks. The current law defines a baseline—essentially the minimum conditions a watch must meet to qualify as “Swiss made”—but many high-end brands choose to go well beyond these basic standards to uphold their legacy and reputation for excellence.
The Ordinance on the Use of «Switzerland» or «Swiss» for Watches first defines a "watch" (as opposed to a clock) by the dimensions of its movement in its Article 1, Definition of «watch».[3] Thereafter, the law defines a Swiss watch, the definition of which is dependent on certain aspects of its movement. The law then goes on to define under what circumstances a watch movement may be considered Swiss made. The law then sets forth the conditions for the use of the name Swiss on watches, on watch cases, on watch movements, on watch dials and on replacement watch parts.
Other products
The most popular items by far to have the "Swiss made" labels are Swiss watches. Almost all Swiss watchmakers, with the notable exception of old Breitling timepieces, label their watches prominently on the dial. By convention,[12] the words are fully capitalised, positioned on the bottom of the face, split by the half-hour indicator if available, curved along the bottom edge as necessary. Watches made in other countries typically indicate their country of origin on the back of the watch, except for very few well-known high-end manufacturers. Besides watchmakers, Swiss software companies are marking their software with the "Swiss made" software label to declare the origin of their products.
In principle, the name "Switzerland", as well as designations such as "Swiss", "Swiss quality", "Made in Switzerland", "Swiss made" or others containing the Swiss name, can only be used for products manufactured in Switzerland. This also applies to the translation of any of these terms into any other language.
The conditions for using "Switzerland" or "Swiss" for products are defined very generally in the Trademark Law as follows: The origin of goods shall be determined by the place of manufacture or by the origin of the basic materials and components used. The Federal Council can specify such conditions if it is justified by general economic interests or by the interests of individual sectors.[13]
Up until today, this has only been done – after a protracted debate concerning the highly controversial interests in the watch sector – with the "Swiss-made" ordinance for watches (the Watch Ordinance).
Legislation
The current legislation contains only very generally formulated conditions which must be met for using a ‘made in Switzerland’ designation. With the exception of watches, no concrete criteria exist regarding when and by whom a 'made in Switzerland' designation can be affixed to a product and when it cannot. Appropriate criteria have only been developed by individual cantonal courts up until now.[13]
Products are, however, sold which are not 100% Swiss-manufactured. In such cases, the actual legal practice is based on the rules laid down in Article 48 of the Trademark Law and a 1968 ruling issued by the trade court of St. Gallen, reiterated in 1992.[14] These court rulings outline the conditions for the legal use of the designation "Swiss Made" and similar designations, especially for goods not manufactured in Switzerland in their entirety. In pertinent part the case law holds:
Products are considered Swiss products if they are fundamentally local products or if they have been completely manufactured in Switzerland. In the case of products that have been only partly manufactured in Switzerland, the rule applies that the Swiss portion of the production cost (including basic materials, semi-finished products, accessories, wages and production overhead excluding distribution costs) must be at least 50%. However, this 50% portion is not the sole criterion for determining the Swiss origin of a product. The origin of the essential components and the manufacturing process through which a product obtains its characteristic features, and – in borderline or doubtful cases – the origin of the intellectual property embodied in the product and the special circumstances in the respective industry must also be taken into due consideration.
See also
- Home country control
- Country of origin
- Made in USA
- Made in Germany
- Geneva Seal
- Appellation d'origine contrôlée
- Made in France
- Made in Italy
- Luxury goods
External links
References
- Swiss Federal Institute of Intellectual Property^
- Federal Act on the Protection of Trade Marks and Indications of Source, status as of 1 January 2017 (page visited on 17 October 2018).^
- Ordinance on the Use of «Switzerland» or «Swiss» for Watches, status as of 1 January 2019.^