The effects of the international registration of an appellation of origin or geographical indication whose protection on Swiss territory has been requested may be refused on the following grounds in particular:
The denomination or indication does not correspond to the definitions in Article 2 of the Geneva Act1.
The protection based on international registration is contrary to the law, public policy or morality.
The protection based on international registration infringes an earlier trade mark that has been registered in good faith for an identical or comparable product.
The IPI decides ex officio whether a ground under paragraph 1 letter a or b applies.
A third party may raise any of the grounds under paragraph 1 with the IPI.
In addition, a third party may request the transitional period under Article 17 of the Geneva Act to be granted, in order to terminate the prior use in good faith of a denomination or indication that is the subject of international registration.
A trade mark that has been filed or registered in good faith before the denomination or indication that is the subject of international registration has been protected on Swiss territory and whose use for an identical or comparable product would be contrary to Article 11 of the Geneva Act, can nevertheless continue to be used provided there are no grounds for nullity or forfeiture under this Act. Its registration may be extended under the same conditions.
Article 50b paragraphs 6 and 7 apply by analogy.
The Federal Council shall regulate the details of the procedure.