See reply to question 8 in document IP/C/13.
[Answer 8: The definitions vary according to the applicable laws and regulations. 8.1 In the context of the LPM Indication of source: any direct or indirect reference to the geographical source of products or services, including references to properties or quality in relation to the source. Geographical names or signs that are not considered by the relevant public to refer to the source of goods or services are not indications of source within the meaning of the LPM (Article 47.1 and 47.2 of the LPM). • Direct indications of source are precise designations of the geographical source of a product or service: names of places, continents, countries, regions, towns, districts or valleys, or other names that, in the mind of the public, refer to a precise geographical source. • Indirect indications of source do not refer to a particular place explicitly, but by means of verbal or figurative expressions such as names or representations of mountains, lakes, rivers or monuments of national or international renown, well known emblems of cities, or names or figurative representations of famous historical figures such as "William Tell". For certain qualified indications of source, which include geographical indications, it is not enough for the product to come from the place designated by the indication of source: additional requirements must be met. These requirements are defined, where necessary, by the courts, in accordance with the understanding of the relevant public and the influence that they will have on the reputation of the products concerned (Article 48.2 and 48.3 of the LPM). 8.2 In the context of the Ordinance on Non Agricultural PAOs and PGIs, Article 2: • Appellation of origin: name identifying a product as originating in a particular country, region or locality, as having a certain quality or characteristics that are essentially or exclusively due to a particular geographical environment, with its inherent natural and human factors, and as having been produced in its entirety within the defined geographical area. • Geographical indication: name identifying a product as originating in a particular country, region or locality and having a certain quality, reputation or other characteristic essentially attributable to this geographical origin. 8.3 In the context of the Ordinance on PAOs and PGIs (agricultural products), Articles 2 and 3: • Appellation of origin: name of a region, a place or, in exceptional cases, a country, that is used to describe a product originating in that region, place or country, the quality or characteristics of which are essentially or exclusively due to a particular geographical environment, with its inherent natural and human factors, and which is produced, processed and refined within a defined geographical area. Traditional names of products that meet these conditions may be registered as appellations of origin. • Geographical indication: name of a region, a place or, in exceptional cases, a country, that is used to describe a product originating in that region, place or country, which has a specific quality, reputation or other characteristic attributable to that geographical origin and is produced, processed or refined within a defined geographical area. Traditional names of products that meet these conditions may be registered as geographical indications. 8.4 In the context of the Ordinance on Wine, Articles 21 to 24: • Registered appellation of origin (appellation d'origine controlee, AOC): name of a canton or a geographical area of a canton. The cantons establish the requirements applicable to AOCs. These must provide for: the delimitation of the geographical area in which at least the grapes are produced; a list of authorized vine varieties; a list of authorized cultivation methods; a minimum natural sugar content for each authorized vine variety; a maximum yield per unit area for each authorized vine variety; a list of authorized vinification methods; a system for the analysis and organoleptic examination of wine ready for sale. The cantons verify that AOC wines meet the requirements they have established. • Local wine (vin de pays): wine named after a region or after part of a region where it extends over more than one canton. Such wine must meet the following requirements: the grapes must be harvested in the geographical area after which the wine is named; the minimum natural sugar content required is at least 14.4° Brix for white grape varieties and 15.2° Brix for red grape varieties; the yield per unit area is limited to 1.8 kg/m2 for white grape varieties and 1.6 kg/m2 for red grape varieties. • Local wines with their own traditional names: local wine produced from grapes grown in the geographical area of a single canton, bearing a traditional name that is listed in Annex 3 [of the Ordinance on Wine] and defined by the legislation of the canton concerned. • Swiss table wine: wine made from grapes harvested in Switzerland with a required minimum natural sugar content of at least 13.6° Brix for white grape varieties and 14.4° Brix for red grape varieties.]