Swiss made
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. 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:
- 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.
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.
History
The wording was formally adopted in the late 19th century and is unique in that most other countries use the phrase "Made in ". 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". 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.
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 “” 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" by the dimensions of its movement in its Article 1, Definition of «watch». 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.
In sum, a watch is considered Swiss when it has been developed in Switzerland, it uses a Swiss movement, is assembled and controlled in Switzerland by the Manufacture d'horlogerie and when 60% of its manufacturing costs are Swiss. The legal standards for the use of "Swiss made" on a watch are a very minimum standard, and the Swissness of a watch is largely dependent on the brand and its reputation.
A watch is considered Swiss, according to the Swiss law, if:
- its technical development is carried out in Switzerland; and
- its movement is Swiss; and
- its movement is cased up in Switzerland; and
- the manufacturer carries out the final inspection in Switzerland; and
- 60 per cent of the manufacturing costs are incurred in Switzerland.
A watch that says "Swiss Quartz" is supposed to be manufactured in Switzerland according to the legal criteria above-stated. However, it is often improperly used by foreign manufacturers to merely indicate that the quartz movement is of Swiss origin.
Use of the Swiss made label for watches is covered by an ordinance of the Federal Council dated 29 December 1971. The Swiss standard is often pejoratively referred to as the 60% Rule. However, it has its basis in real life economics. Again, the law merely sets forth a minimum standard. The Swiss Made Ordinance has, for a number of years, been subject to many criticisms, particularly inside the industry, because it is considered too lax, but also in legal circles, where the view is that it no longer fully meets the legal mandate specified in the companion law on trademarks.
The first Ordinance on the Use of «Switzerland» or «Swiss» for Watches published in 1971 mainly defined the Swiss movement and did not give specific criteria for the watch as a whole. However, it had already a criterion of value-added for the movement.
A watch is considered to be Swiss if its movement:
- Has been assembled in Switzerland and;
- Has been started, adjusted and checked by the manufacturer in Switzerland, and;
- Is of Swiss manufacture for at least 50 per cent of the value of all constituent parts, but without the cost of assembly and; d. Is subject to legal technical inspection in Switzerland according to the system in force.
From time to time, namely in 2003 and more particularly in 2007, there were efforts made to strengthen the definition of "Swiss made". These efforts are normally spearheaded by the Federation of the Swiss Watch Industry a trade organisation. 30 companies have opposed such efforts under which the lobbying group IG Swiss made. Many are afraid to share their identity but Ronnie Bernheim, co-CEO of Mondaine, has been outspoken on this issue, and defends "Swissness more as a promise than a physical manifestation". Mondaine admits that it uses non-Swiss dials and cases though Bernheim has declined to disclose their country of origin.
In 2007, the FH plans to seek political action on a proposal which introduces a new aspect to the definition of Swiss made, in the form of a value criterion.
Accordingly, any mechanical watch in which at least 80% of the production cost is attributable to operations carried out in Switzerland would be considered as a mechanical Swiss watch. For other watches, particularly electronic watches, this rate would be 60%. Technical construction and prototype development would moreover need to be carried out in Switzerland. Raw materials, precious stones and the battery would be excluded from the production cost. The Swiss movement in the existing ordinance already has a value criterion, namely the rate of 50%. Considering that here, too, the definition needs reinforcing, the draft amends these value criteria. For mechanical movements therefore, the rate would be at least 80% of the value of all constituent parts. For other movements, particularly electronic movements, this rate would be 60%. Technical construction and prototype development in Switzerland would also be a requirement in this case. The draft also stipulates other provisions concerning the definition of Swiss constituent parts and assembly in Switzerland.
With a rate of 80%, the FH proposed to lay particular emphasis on the mechanical watch. With these proposals, objectives in terms of protecting the Swiss made label should be attained. The proposed criteria also take into account the place of manufacture and the origin of components, thereby complying with the law on trademarks which serves as the legal basis of the "Swiss made" Ordinance. However, it will be up to the Federal Council to reach a final decision on the matter.
The minimum rate of 60% was finally chosen for all type of watches in 2016 by the Federal Council as it corresponds to the rate used in the free-trade agreement between Switzerland and the European Union. A higher value criterion would not have allowed Switzerland to meet its international commitments and was, therefore, refused.