Last modified: 2024-04-27 by martin karner
Keywords: switzerland |
Links: FOTW homepage |
search |
disclaimer and copyright |
write us |
mirrors
On the 21st of June 2013, the Swiss parliament adopted the project Swissness
that consists of two laws: the Law on the protection of trademarks (French:
Loi sur la protection des marques) and the Law on the Protection of the coat of
arms of Switzerland and other public signs (Loi sur la protection des armoiries
de la Suisse et autres signes publics).
That second Law was accepted
almost unanimously and replaced the Federal Law of 5th June 1931 for the
protection of public coat of arms and other public signs (French: la loi
fédérale du 5 juin 1931 pour la protection des armoiries publiques et autres
signes publics) and the Federal Decree of 12th December 1889 concerning the
coat of arms of the Swiss Confederation (French: Arrêté fédéral du 12
décembre 1889 concernant les armoiries de la Confédération suisse).
The new law (which shall be published soon in the Federal Gazette) has many
interesting things, that you can find here (in the project of law):
http://www.admin.ch/opc/fr/federal-gazette/2009/7863.pdf
The article 1
gives the dimensions of the Swiss cross: vertical white couped cross, placed
on a red background and the branches, equal, are a sixth longer than wide.
The article 2 says that the coat of arms is the Swiss cross on a triangular
shield. There is a model in the annex 1 of the law that is binding as for the
shape, the colours and the proportions.
The article 3 says that the flag
of the Swiss confederation is a Swiss cross in a square. There is also a
model in the annex 2 of the law, also binding for the shape, the colours and
the proportions.
For the colours these are:
CMYK 0 / 100 / 100 / 0
Pantone 485 C / 485 U
RGB 255 / 0 / 0
Hexadécimal #FF0000
Scotchcal 100
-13
RAL 3020 rouge signalisation
NCS S 1085-Y90R
The proportions of
the flag 1:1 (or 32:32, that is 6-7-6-7-6 : 6-7-6-7-6), where the cross in
the middle has arms with width = 6 and length=7.
The article 5 says that
the coats of arms, flags and other emblems of cantons, districts, circles and
communes are fixed by cantonal Law.
The article 8 speaks about the use of
the coats of arms (Swiss, cantons, etc.)
The article 10 says that flags
and other emblems of the Confederation, flags and other emblems of the
cantons, districts, circles and communes and signs that may be confused with
them can be used, unless their use is (a) misleading, or (b) contrary to
public order, morality or law.
Armorial bearings, flags and other emblems
of other foreign governments, including municipalities, may be used unless their
use is (a) misleading, or (b) contrary to
public order, morality or law.
There are other dispositions in the law.
That law gives also
some precisions concerning the Swiss ensign in the Federal Law of 23rd
September 1953 on maritime navigation under the Swiss ensign (French: Loi
fédérale du 23 septembre 1953 sur la navigation maritime sous pavillon suisse):
The annex I of the law is binding for the shape, the colours and the
proportions.
And the colours are :
CMYK 0 / 100 / 100 / 0
Pantone
485 C / 485 U
RGB 255 / 0 / 0
Hexadécimal #FF0000
Scotchcal 100 -13
RAL 3020 rouge signalisation
NCS S 1085-Y90R
Pascal Vagnat, 23 June 2013
The public damaging of private flags is not culpable in Switzerland (i.e. everyone has the right to destroy a flag or any other object, so long as it is one's own). However all emblems (esp. flags and
coats of arms) that have been put up by an authority are protected by federal law. Stealing, damaging and insulting acts against them are penalized with prison or fine. The same applies to official emblems of foreign countries. The extent of the sentence is not specified by federal law because in case of an offence, the respective cantonal authorities determine it individually.
Martin Karner, 9 April 2004
In regards to protection of the Swiss flag from commercial misuses, there are
additional laws to protect it from misuse in relation to the Red Cross symbol.
According to: "Model law concerning the use and protection of the emblem of the
Red Cross or Red Crescent" (31-8-1996 International Review of the Red Cross no
313, p.486–495 or
http://www.icrc.org/web/eng/siteeng0nsf/iwpList276/D8ADD0310BB766F4C1256B66005A2611),
Section III, Article 12 reads, "Owing to the confusion which may arise between
the arms of Switzerland and the emblem of the red cross, the use of the white
cross on a red ground or of any other sign constituting an imitation thereof,
whether as a trademark or commercial mark or as a component of such marks, or
for a purpose contrary to fair trade, or in circumstances likely to wound Swiss
national sentiment, is likewise prohibited at all times; offenders shall be
punished by payment of a fine of ... (amount in local currency)."
Orville
Eastland, 19 January 2005
Switzerland is embroiled in controversy over the commercial use of the flag, and confusion over its legal use. It is legal to use the Swiss flag for decoration and publicity, but its use is also regulated by the Society for the Promotion of Swiss Products and Services, better known as "Swiss Label". A 1931 law, which many now consider a useless relic, prohibits the use of the federal cross on any product not so licensed by the Society. To qualify a product must be more than 50% manufactured in Switzerland. Many products, like most Swiss chocolate, no longer qualify and yet continue to illegally use the federal cross. The Society sees this as deception in advertising, since foreign consumers have come to trust products that are Swiss-made. A recent poll shows that most Swiss are aware of the law, but the law is widely flaunted with impunity.
The only genuine Swiss Army Knives are Victorinox and Wenger, but
there are many fakes bearing the Swiss cross. The Swiss Army was
originally issued with German knives from the famous blade maker
Solingen. Victorinox started making knives in Switzerland in 1891.
These were issued to soldiers, but officers bought their own
lighter, more elegant models. Victorinox made its first
Offiziersmesser (officers' knife) in 1897, and in 1945–49 massive
deliveries were made to the US armed services. Americans couldn't
pronounce the word, so they became simply known as "Swiss Army
knives", and that was the origin of its worldwide fame. In a twist
of irony, Victorinox since 1976 has supplied the German Army with
its pocket knife, but it is olive green and features a German eagle
instead of the Swiss cross. Real Swiss officers' knives are
aluminium-cased. The familiar red ones are for civilians and
export. And if it doesn't say Victorinox or Wenger on the blade,
you might have a piece of American or Chinese junk – the Swiss cross
is no guarantee.
T.F. Mills, 9 March 1998
Anything below the following line isnt part of the Flags of the World Website and was added by the hoster of this mirror.
