Industrial Designs Law in Liechtenstein
Industrial designs law in Liechtenstein is primarily governed by national legislation, but it is also closely tied to international and regional agreements, especially through its relationship with Switzerland and the European Economic Area (EEA).
Here's an overview of the legal framework governing industrial designs in Liechtenstein:
πΉ 1. National Law
Liechtenstein's national law on industrial designs is mainly found in:
Gesetz ΓΌber den Schutz von Design (Designgesetz; DesG) β Designs Act, which governs the protection of aesthetic designs.
Designverordnung (Design Ordinance) β the implementing regulation for the Designs Act.
Key features:
Protection is granted for the appearance of a product or part of a product (lines, contours, colors, shape, texture, or materials).
To be protected, a design must be new and have individual character.
The maximum term of protection is 25 years, renewable in 5-year periods.
πΉ 2. Swiss-Liechtenstein Customs Union
Liechtenstein and Switzerland share a customs and economic union, meaning that:
Swiss intellectual property laws (including design registration at the Swiss Federal Institute of Intellectual Property β IPI) apply mutatis mutandis in Liechtenstein.
A design registered in Switzerland is automatically valid in Liechtenstein.
πΉ 3. International and Regional Protection
Liechtenstein is a member of several important international treaties:
Hague Agreement (WIPO) β allows for international registration of industrial designs.
Paris Convention β ensures priority rights for foreign applications.
European Economic Area (EEA) β Liechtenstein is not an EU member but part of the EEA. However, EU Registered Community Designs (RCDs) are not automatically valid in Liechtenstein.
πΉ 4. Enforcement and Infringement
The Courts of Liechtenstein have jurisdiction over design infringements.
Infringement can lead to civil remedies (injunctions, damages, seizure of goods).
Criminal sanctions may also apply in cases of intentional infringement.
πΉ 5. Registration Procedure
Designs can be registered via:
Swiss IPI (automatically covering Liechtenstein)
WIPO through the Hague System (with Liechtenstein designated)
Direct national filing in Liechtenstein (less common)
Summary Table
| Aspect | Details |
|---|---|
| Governing Law | Design Act (DesG), Design Ordinance |
| Max Protection Term | 25 years (5-year renewals) |
| Valid Registration Routes | Swiss IPI, WIPO Hague System |
| International Treaties | Hague Agreement, Paris Convention |
| EU RCDs Valid? | β No automatic effect in Liechtenstein |
| Enforcement | Civil and criminal remedies via national courts |
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