The “Swissness” brand has always been more than just a label. For decades, it has been a global promise, representing precision, reliability, and a strong association with Swiss origin and quality. If you saw the Swiss Cross, you knew where the product came from.

But the spring of 2026 has brought an important development. The Swiss Federal Institute of Intellectual Property (IPI) recently validated the use of the Swiss Cross by the footwear brand On, whose products are manufactured in Vietnam and Indonesia, signaling a potentially significant development in the interpretation of Swissness rules.

The Shift: From the Factory Floor to the Mind

The Swissness legislation introduced in 2017 established a detailed framework governing the use of Swiss indications of source. For industrial products, one of the central criteria is that at least 60% of the manufacturing costs must be generated in Switzerland, alongside other requirements applicable to determining origin.

Recent developments, however, point toward a more nuanced approach. In a decentralized economy, intellectual labor, the research, design, and engineering carried out in Switzerland, may play a greater role in assessing how the Swiss Cross can be used, depending on the circumstances and the way the indication is presented.

The question is therefore no longer limited to where the hands worked but may increasingly involve where the idea was born.

Economic Pragmatism and the Country Brand

This development has not happened in a vacuum. Switzerland is operating in a challenging economic environment, with a strong franc and global competitive pressures encouraging many companies to organize production internationally.

For Swiss businesses whose innovation and development remain firmly rooted in Switzerland while manufacturing takes place abroad, the ability to communicate that Swiss expertise can be commercially significant.

From an intellectual property perspective, however, this creates a new landscape. If innovation and intellectual value creation play a greater role in how Swiss origin is communicated, the traditional “Swissness premium” may also evolve.

The question for the market is no longer solely about craftsmanship. It is increasingly about how consumers understand the relationship between the physical origin of a product and the conceptual expertise behind it.

The Gap Between the Symbol and the Law

It is important to distinguish between evolving administrative practice and the underlying legal framework. While the IPI’s approach appears to have become more flexible in certain circumstances, the fundamental legal framework remains unchanged.

This creates an area that businesses must navigate with care.

Recent developments suggest that the Swiss Cross may, in certain contexts, communicate not only production origin but also Swiss-based development or innovation. The precise requirements applicable to Swiss indications of source remain fact-specific and must be assessed against the relevant legal criteria.

Importantly, the IPI and the competent authorities are still working on guidance for these new scenarios. Further clarification is therefore expected on how the rules will be applied in practice, including the level of substantiation and rigor required.

Until that guidance is finalized, and ultimately tested by the courts, the boundaries of this evolving practice remain open.

The Legal Reality of the Gray Zone

There is another important detail in the IPI’s communication that should not be overlooked: an administrative position does not necessarily provide a shield in court.

Courts may still reach their own conclusions when applying the relevant Swiss legislation, including the Federal Act against Unfair Competition.

For brands, the stakes therefore remain significant. Displaying the Swiss Cross on products manufactured entirely abroad requires careful consideration of the overall presentation and the message conveyed to consumers.

If that presentation leads consumers to believe that a product was physically manufactured in Switzerland when its Swiss connection relates instead to design, engineering, or development, legal risks may remain.

Careful documentation of the Swiss intellectual value-add may therefore become an increasingly important part of a brand’s risk-management strategy.

A Modern Map of Intellectual DNA

What we may be witnessing is a gradual shift from the value of the object toward the value of the idea.

Switzerland appears to be exploring how its legal framework can reflect an economy in which innovation, research, design, and engineering may remain deeply Swiss even when manufacturing is global.

For brands, this means that marking and communication strategies are becoming more important than ever. The distinction between “Swiss Design” and “Swiss Production” is therefore increasingly significant.

The Swiss Cross may be evolving from a simple map of a product’s birthplace into something more complex: a map of its intellectual DNA.

In a world of increasingly global production chains, clearly identifying, and documenting, what makes a product Swiss may become one of the most valuable assets in an IP portfolio.