Swiss Politics Moves to Reverse "Lex On" Rule Allowing Foreign-Made Products to Use Swiss Cross

Swiss politicians are pushing to overturn the "Lex On," a controversial rule change that allows products manufactured abroad to bear the Swiss cross. The modification, which originated from pressure by the shoe brand On, permits items designed or developed in Switzerland but produced internationally to feature the national emblem.

The "Head of Public Affairs" for On recently engaged with parliamentarians to foster understanding for "Lex On." This rule, a "practice clarification" by the Institute of Intellectual Property (IPI), has sparked significant opposition in parliament. Representatives from the IPI have been tasked with explaining to lawmakers how this shift in Swissness regulations occurred, acknowledging On's influence.

Parliamentarians feel bypassed by the decision. Fabio Regazzi, president of the Swiss Trade Association (SGV), stated, "The IPI should have at least consulted us before making such a consequential decision." Regazzi, along with Daniela Schneeberger, vice-president of the SGV and a National Council member from the FDP party, have introduced identical motions in both parliamentary chambers. Their demand is clear: "Swiss cross only for products manufactured in Switzerland."

The justification for their motion argues that the new practice dilutes the exclusivity of the Swiss cross and disadvantages small and medium-sized enterprises (SMEs) that genuinely manufacture in Switzerland. It also contends that it was not the legislature's intent for the Swiss cross to be used by companies solely engaged in research and design within Switzerland.

Former Justice Minister Simonetta Sommaruga, who previously headed the Federal Department of Justice and Police (FDJP) to which the IPI is attached, is being cited as a key witness. In a December 10, 2012, debate on the relevant law revision, Sommaruga stated, "Article 47, paragraph 3ter, is not about the Swissness label, about the Swiss cross, but only about making a statement regarding research or design, meaning one could say, for example, 'Swiss Research' or...