Protection of Design
The form of a product or part of a product which is characterized by the arrangement of lines, surfaces, contours, colors or the material which is used can be protected. The Swiss Design Act protects all kind of perceivable elements of the form, regardless of the purpose of use.
Design protection provides the right to prevent other people from using the protected design for commercial purposes - for example, from manufacturing or selling products with the same or similar design - for a maximum of 25 years.
Conditions of Protection
According to Art. 2 Swiss Design Law, Creative designs can enjoy protection if
- the design is new,
- the design is unique and differs from existing objects in important points, and
- the design is neither illegal nor offensive to public taste.
Production processes, applications and technical functions are explicitly not protected under designs; these should be protected by an invention patent.
Deposition and Registration of Design - Term of Protection
The valid deposition of an application for protection and the registration of the design at the Swiss Federal Institute of Intellectual Property constitute the industrial property right. Creative design can enjoy protection for a maximum term of 25 years. The term of protection begins with the date of the deposit and continues for a period of five years. Before the term expires, the holder of the design can extend the protection for four further terms of five years each.
Delimitation agreement Warning Warning design infringement Registration (national, internationally) Registration of a Design (registration proceedings) lawyer attorney at law lawyers attorneys at law law office law firm applicable law Delay of the publication Objection Berne Convention Description of the Design software (design protection) Duration of the design protection Design Design (term) registration of a design in Switzerland Design right Switzerland Design registration in Switzerland Design registration Switzerland Design law Design right Design register Design protection Design infringement Characteristic (conditions for protection) simple license Provisional legal protection Entry of the Design in the register Application for registration Exhaustion Exclusive license Error in the Design registration Declaratory action Free Designs Use Use and design patent Licence to use Fees Secrecy of the registration (delay of the publication) Public domain Place of jurisdiction Place of jurisdiction action for infringement General impression Law Commercial production Industrial property rights in Switzerland Protection of industrial property rights Protection of industrial property rights Profit publication Treaty of the Haguey Liability Deposit of a Design Cost of deposit Principle of filing Filing priority Federal Institute of Intellectual Property (IGE) Intellectual property right Intellectual property rights Federal Institute of Intellectual Property (IGE) International deposit (The Hague Agreement) International registrations (EU design patents) Placing on the market Marketing Antitrust law Entitlement of the claim Classification (Locarno) License License agreement Locarno Classification Londoner version of the Hague Agreement Mark Trademark application in Switzerland Trademark application in Switzerland Characteristics of a design Right of joint use Indirect design infringement Model Sample Design Design and model law Sample agreement Novelty Non-registered designs No-contest clause Invalidity Nullity Nullity (grounds for anulment) Surface texture Swiss Code of Obligations Optical comparison Parallel import Paris Convention for the Protection of Industrial Property Patent Patent application in Switzerland Patent attorney Patent attorneys Patent law Priority Priority document Declaration of priority Priority period Private use Examination procedure Search (international, national) Search report Right over the design Attorney at law Attorneys at law Legal Remedy Assignment of title (Transfer of rights, Assignment agreement) Register entry Registration Royality Royalties Collecting deposit Compensation Period of grace Extent of protection Period of protection Patentability Industrial property right Switzerland Industrial Property Notice Industrial Property Warning Industrial Property Mandate Industrial Property Notice State of the Design Penal legal protection (Design, criminal law, penalty, prison, professionalness, goods falsification) Criminal protection Stage complaint Technical function (usefulness) Participation in Design infringement TRIPS Assignment (Design right, Design law, Design registration) Unfair competition Action for an injunction Copyright Extension Infringement Design Publicaton Deferral of the publication Representative (authorized person) Admonition Forfeiture Precautionary measures Right to continued use Competition law (Anti-trust law) WIPO Effect of the design right Civil actions (complaint, process) Customs authorities Competence Execution (debt prosecution, bankruptcy, prosecution)
Specialists in copyright law, trademark law, patent law, design law, ICT law
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