AVIS DE DROIT PROTECTION DES SIGNES NATIONAUX

AUSTRALIE
goods in Switzerland or some particular part of Switzerland, could be opposed by the relevant
Swiss manufacturers or traders on the basis that those indications are recognised in
Switzerland as specific to goods produced in Switzerland or the relevant part of Switzerland
and that the applicants goods are not produced there.
There is nothing to prevent anyone who wishes to do so from registering a company in
Australia under a name that includes “Swiss” or “Switzerland” or similar words, unless the
name as a whole falsely indicates a connection between the company and the Swiss
government, as distinguished from the country and people its governs. It is not expressly
prohibited for anyone carry on a business in Australia under a similar registered name, but if
the business actually has no connection with Switzerland, registration might be refused on the
basis that the name would be misleading.
A person who falsely claims in Australia in any form that particular manufactured goods or
other products originate in Switzerland, breaches the Trade Practices Act. A Swiss competitor
could bring an action in the Australian courts, in order to obtain an injunction restraining such
claims and/or to obtain compensation for any losses proved to have accumulated to him as a
result.
As far as we have been able to determine, the extended form of civil liability for “passing off”
goods as having similar characteristics to those of a class of manufacturers, established by the
British House of Lords in respect of “advocaat”, has not yet been applied in Australia to any
class of Swiss products. It certainly could be however, as the British jurisprudence shows.
Refer above, to the national report entitled “Royaume-Uni”.
232
MARTIN SYCHOLD