What may be protected under the Swiss Design Law?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.
What are the conditions for Protection of Design under Swiss Design Law?
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.
Is the use of the design possible prior to the filing?
The design owner can introduce the design for test purposes etc. without losing the right to file the design. A prior use of the design by the design owner does not interfere with the design law of the creator.
What are the requirements for filing a design?
The filing process is simple. The application must consist of an offical written application (the form is available at the institute) and at least one reproducible illustration for each deposited design.
What rights are granted to a design?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.
How long does protection for designs last?
The first period is 5 years. It is possible to extend the protection 4 more periods of 5 years each. In total, a design can be protected up to 25 years.
What are the proceedings for design registration? 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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