Ordinance
on the Protection of Trade Marks and
Indications of Source¹
(TmPO)

¹ It is pro­hib­ited to mis­use any flex­ib­il­ity in ap­ply­ing the cri­ter­ia when de­term­in­ing the place of ori­gin of a product or ser­vice.

² The fol­low­ing, in par­tic­u­lar, con­sti­tute mis­use:

a.

us­ing dif­fer­ent meth­ods, without ob­ject­ive jus­ti­fic­a­tion, to cal­cu­late the costs of ma­ter­i­als that con­sti­tute the goods when de­term­in­ing their place of ori­gin; or

b.

if the user’s activ­ity that took place in Switzer­land is so minor that it is in ob­vi­ous dis­pro­por­tion to the activ­ity abroad, in par­tic­u­lar if the costs in­curred in Switzer­land are neg­li­gible in com­par­is­on to the costs of ma­ter­i­als that had to be pur­chased abroad due to their in­suf­fi­cient avail­ab­il­ity in Switzer­land.