# Implementing provisions to the Federal Legislation on the Protection of Public Coats of Arms - Subject Matter (230.511)

**Jurisdiction:** CH-OW
**Canonical URL:** https://legislator.ch/en/law/ch/ow/230.511/230-511-implementing-provisions-to-the-federal-legislation-on-the-protection-of-public-coa
**Official Source:** https://ow.clex.ch/app/de/texts_of_law/230.511

## Provisions

### Art. 1 Implementing provisions to the Federal Legislation on the Protection of Public Coats of Arms - Subject Matter

1. These Implementation Provisions

a. govern the responsibilities concerning the cantonal coat of arms as well as the coats of arms of the municipal communities;

b. designate the cantonal coat of arms and the municipal coats of arms according to prevailing customary law;

c. regulate the enforcement of the federal coat of arms protection legislation by the cantonal and municipal authorities.

### Art. 2 Implementing provisions to the Federal Legislation on the Protection of Public Coats of Arms - Definition of Coats of Arms (Art. 5 CPAL)

1. The canton continues to use the current cantonal coat of arms.

2. The municipalities continue to use their current coats of arms.

### Art. 3 Implementing provisions to the Federal Legislation on the Protection of Public Coats of Arms - Cantonal Coats of Arms and Coats of Arms of Municipalities

1. The cantonal coat of arms is described as follows: Divided from red and silver, a key turned to the right in inverted tincture. The coat of arms is recorded in Annex No. 1.

2. The coats of arms of the municipalities are listed in Annex No. 2; the subsequent establishment of a municipal coat of arms by a local regulation is reserved.

### Art. 4 Implementing provisions to the Federal Legislation on the Protection of Public Coats of Arms - Register of Coats of Arms

1. The cantonal coat of arms as well as the municipal coats of arms are entered into the cantonal coat of arms register.

2. The State Archives maintains the register.

### Art. 5 Implementing provisions to the Federal Legislation on the Protection of Public Coats of Arms - Use of the Canton and Municipal Coats of Arms (Art. 8 HPA)

1. The use of the Obwalden cantonal coat of arms is reserved for the Canton of Obwalden, while the use of the municipal coat of arms is reserved for the municipality, unless an exception permit under paragraph 2 is granted. The provisions of the Federal Act on the Protection of the Swiss Coat of Arms and Other Public Signs apply.

2. The municipal council may authorize individuals and institutions to use the municipal coat of arms if there is no risk of confusion with the municipality's sovereign function, and if the use is not misleading or contrary to public morals and applicable law.

### Art. 6 Implementing provisions to the Federal Legislation on the Protection of Public Coats of Arms - Right to Sue and Supervision (Art. 22 WSchG)

1. The canton of Obwalden, acting through the State Chancellery, has the right of supervision and the right to initiate legal proceedings in cases of unlawful use of its protected symbols or its official designations.

2. The municipal communities, acting through the Municipal Chancellery, have the right to initiate legal proceedings in cases of unlawful use of their protected symbols or their official designations.

### Art. 7 Implementing provisions to the Federal Legislation on the Protection of Public Coats of Arms - Competent Court (Art. 24 WSchG)

1. The Superior Court has exclusive jurisdiction for civil lawsuits under the Heraldic Protection Act.

### Art. 8 Implementing provisions to the Federal Legislation on the Protection of Public Coats of Arms - Notification to the Institute for Intellectual Property (Art. 18 para. 3 WSchG)

1. The State Archive reports to the Institute of Intellectual Property the public emblems of the canton, in particular the cantonal coat of arms, the cantonal flag, and the Obwaldner logo, as well as the public emblems of the municipalities, in particular the municipalities' coats of arms and, where applicable, their logos.

### Art. 9 Implementing provisions to the Federal Legislation on the Protection of Public Coats of Arms - Right of Continued Use (Art. 35 Para. 5 WSchG)

1. Corporations that have previously used the coat of arms of a municipality are entitled to continue using it.

2. Article 35, paragraphs 1 to 4 of the WSchG shall apply mutatis mutandis to the continued use of the cantonal coat of arms and the coats of arms of the municipalities.

3. The State Chancellery is the competent cantonal authority to permit the continued use of the cantonal coat of arms, and the municipal chancellery is the competent municipal authority to permit the continued use of the municipal coat of arms.