Federal Act
on the Protection of Trade Marks and Indications of Source
(Trade Mark Protection Act, TmPA)

¹ The ori­gin of oth­er products, in par­tic­u­lar in­dus­tri­al products, cor­res­ponds to the place where at least 60 per cent of the man­u­fac­tur­ing costs are in­curred.

² For the cal­cu­la­tion un­der para­graph 1, the fol­low­ing shall be taken in­to ac­count:

a.

pro­duc­tion and as­sembly costs;

b.

re­search and de­vel­op­ment costs;

c.

costs for qual­ity as­sur­ance and cer­ti­fic­a­tion which are pre­scribed by law or stand­ard­ised in an eco­nom­ic sec­tor.

³ Ex­cluded from the cal­cu­la­tion un­der para­graph 1 are:

a.

costs for nat­ur­al products which, due to nat­ur­al con­di­tions, can­not be pro­duced at the place of ori­gin;

b.

costs for raw ma­ter­i­als which, in ac­cord­ance with an or­din­ance un­der Art­icle 50 para­graph 2, are not avail­able in suf­fi­cient quant­it­ies at the place of ori­gin for ob­ject­ive reas­ons;

c.

pack­aging costs;

d.

trans­port costs;

e.

the costs for com­mer­cial­isa­tion of the goods, such as costs for mar­ket­ing and cus­tom­er ser­vice.

⁴ In ad­di­tion, the in­dic­a­tion of source must cor­res­pond to the place where the activ­ity, which gave the product its es­sen­tial char­ac­ter­ist­ics, took place. In all cases, an es­sen­tial man­u­fac­tur­ing step must have been car­ried out at this place.