Overview

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.