Industrial Designs Law in Switzerland
In Switzerland, industrial design protection is governed by the Federal Act on the Protection of Designs (Designs Act, DesA), which came into effect on July 1, 2002. The Swiss Federal Institute of Intellectual Property (IPI) is the competent authority responsible for processing design applications and maintaining the Swiss Design Register.(Lawbrary)
📝 Definition of Industrial Design
An industrial design refers to the visual appearance of a product or part of a product, resulting from features such as:
Lines
Contours
Colors
Shape
Surface structure
Materials
These elements must be new and have individual character compared to existing designs. Protection does not extend to purely functional or technical aspects of a product. Additionally, designs that are contrary to public policy or morality are excluded from protection. (Global Legal Post)
🛡️ Protection Criteria
Novelty: The design must differ from all previously known designs.
Individual Character: The design must create a different overall impression on the informed user compared to existing designs.
Exclusions: Designs dictated solely by the technical function of the product or those contrary to public policy or morality are not eligible for protection. (Global Legal Post)
📝 Registration Process
To register an industrial design in Switzerland:
Prepare Application: Submit a completed application form along with clear images or drawings of the design.
File Application: Apply through the IPI's e-service or by submitting the form titled "Swiss design application". (Lawbrary)
Examination: The IPI does not examine the novelty or individual character of the design; it is the applicant's responsibility to ensure these criteria are met.
Publication: The application is published, making the design publicly known.
⏳ Duration and Renewal
Initial Term: Protection lasts for 5 years from the filing date.
Renewal: The protection can be renewed for additional 5-year periods, up to a maximum total of 25 years. (Liesegang & Partner)
Grace Period: A grace period of 6 months is provided for late payment of renewal fees, subject to the payment of a surcharge.
🌍 International Protection
Switzerland is a member of the Hague Agreement, allowing for international design registrations. Designs registered in Switzerland can be extended to other member countries through the Hague System.
⚖️ Enforcement and Legal Recourse
Infringement of design rights in Switzerland can lead to:
Civil Actions: The rights holder may initiate legal proceedings to seek remedies such as injunctions and damages.
Criminal Sanctions: Serious infringements can result in fines or imprisonment for up to two years.
📌 Summary Table
| Aspect | Details |
|---|---|
| Governing Legislation | Federal Act on the Protection of Designs (DesA) |
| Protection Criteria | Novelty and individual character |
| Registration Process | Submit application with images to IPI; applicant ensures novelty and individual character |
| Duration of Protection | Initial 5 years, renewable up to 25 years |
| International Protection | Available through the Hague Agreement |
| Enforcement | Civil actions and criminal sanctions |
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