Commentaries: Art. 172

Any person who unlawfully uses a designation of origin or a geographical indication protected under Article 16 or a classification or label under Article 63 shall on complaint be liable to a custodial sentence not exceeding one year or to a monetary penalty. In relation to classification and labelling under Article 63, the monitoring agency mandated by the Federal Council under Article 64 paragraph 4 also has the right to file a complaint.¹
Any person suspected of committing an offence for commercial gain shall be prosecutedex officio , and shall be liable to a custodial sentence not exceeding five years or a monetary penalty. …²

Second sentence amended by No I of the FA of 16 June 2023, in force since 1 Jan. 2025 (AS 2024 623;BBl 2020 3955). ↩
Sentence inserted by No I of the FA of 22 March 2013 (AS 2013 3463,3863;BBl 2012 2075). Repealed by No I 33 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Police, with effect from 1 July 2023 (AS 2023 259;BBl 2018 2827). ↩

Art. 172