The question is not relevant in the context of Swiss law. See replies to questions 28, 29, 30 and 34 above.
28.
The protection provided for a geographical indication is, by definition and under Swiss law, of unlimited duration.
For PAOs and PGIs, it is expressly stated that, once registered, appellations of origin and geographical indications cannot become generic (Article 16.3 of the LAgr and Article 50a.4 of the LPM).
In the context of the LPM, it is protected, as an indication of source, against any incorrect use, for as long as the relevant public consider it a reference to the source of products or services (Article 47.2 of the LPM).
Where the geographical indication is registered as a geographical mark, the protection is valid for ten years and renewable for further ten‑year periods upon payment of a fee (Article 10 of the LPM).
29.
20. Agricultural PAOs and PGIs: OFAG does not charge any fees for examining the registration application or for actual registration. The same applies for applications to modify the specification of a registered PAO or PGI. Should any objection be raised, the costs of the procedure are borne by the losing party. Since the registration is valid for an unlimited duration, there is no fee for maintaining rights to a PAO or PGI.
Swiss wine GIs: these are defined directly by federal and cantonal legislation; no fees are payable.
Non‑agricultural PAOs and PGIs: a fee of CHF 4,000 is payable for a registration application. A fee of CHF 2,000 is charged for an objection to a registration application, while an application to modify the specification of a registered PAO or PGI incurs a fee of CHF 800. Since the registration is valid for an unlimited duration, there is no fee for maintaining rights to a PAO or PGI.
Geographical marks: the filing fee is CHF 550, a surcharge of CHF 100 is applied for an additional class, and a fee of CHF 800 is charged for an objection. The registration of a geographical mark is valid for ten years and renewable for the same amount of time upon payment of a fee of CHF 700.
28. The protection provided for a geographical indication is, by definition and under Swiss law, of unlimited duration.
For PAOs and PGIs, it is expressly stated that, once registered, appellations of origin and geographical indications cannot become generic (Article 16.3 of the LAgr and Article 50a.4 of the LPM).
In the context of the LPM, it is protected, as an indication of source, against any incorrect use, for as long as the relevant public consider it a reference to the source of products or services (Article 47.2 of the LPM).
Where the geographical indication is registered as a geographical mark, the protection is valid for ten years and renewable for further ten‑year periods upon payment of a fee (Article 10 of the LPM).
30.
No, Swiss law does not include any usage requirement for the protection of GIs that are unregistered but nevertheless protected as indications of source under Article 47 et seq. of the LPM, or for the protection of GIs registered as PAOs or PGIs, recognized as appellations of origin for wine or benefiting from a Federal Council ordinance under Article 50 of the LPM. Geographical marks are excluded from the provisions concerning the use of marks and, in particular, the consequences of the non‑use of marks (Article 27e.3 of the LPM).
A geographical name not registered as a geographical indication may become generic, but only the courts can establish this. In accordance with the regular practice of the courts, anyone alleging that an indication of source has become a generic name must provide satisfactory proof.
34.
PAOs and PGIs: pursuant to Article 15 of the Ordinance on PAOs and PGIs or Article 13 of the Ordinance on Non‑Agricultural PAOs and PGIs, the authority in charge of the register concerned may cancel the registration of a protected name following consultation with the federal and cantonal authorities and the parties:
- on request, where the protected name is no longer used or where all users and the relevant cantons are no longer interested in maintaining the registration of the protected name;
- ex officio, if it is established that compliance with the specification for the protected name is no longer ensured for good reason;
- ex officio, for a foreign name, where it is no longer protected in its country of origin.
Geographical marks: pursuant to Article 35d of the LPM, the IPI may cancel the registration of a geographical mark where the protected appellation of origin or geographical indication on which the geographical mark is based is cancelled.
Geographical indications for Swiss wine: no cancellation procedure is provided for under federal or cantonal legislation, although changes in legislation may lead to the modification of the list of recognized geographical indications.