Designs and Models

– Law of September 11, 2002 (LGBI. No. 134/2002) in its current version.
– Regulations of October 29, 2002 (LGBI. No. 136/2002) in its current version.

Membership in International Conventions

– Paris Convention for the Protection of Industrial Property, Stockholm Act, since July 14, 1933.
– Convention Establishing the World Intellectual Property Organization (WIPO), since May 21, 1972.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since September 17, 1972.
– Hague Agreement Concerning the International Registration of Industrial Designs, Geneva Act since December 23, 2003.
– WTO’s TRIPS Agreement, since September 1, 1995.

Filing

Applicant: the inventor, his assignee or heir, an individual person or a company.

Foreigners and nationals not living in the country: may also apply; it is necessary, however, that a representative resident in Liechtenstein ensures the deposit of the model or design and looks after the rights.

Kinds of designs and models: all kinds of industrial designs and models.

Not registrable: (1) if the model or design is not novel or not individual; (2) if the applicant is neither the inventor nor the assignee; (3) if the model or design is not in accordance with the law, with an international convention, with public order or good morals.

Novelty: is required by the law.

Exceptions to protection: request for annulment by anybody who has a proven legal interest.

Series applications: possible; no limitation in the number of designs in a single filing.

Priorities: according to the Paris Convention.

Territory covered: Principality of Liechtenstein. The international registration of a design or model has the same effect as if the registration of the design or model took place in Liechtenstein.

Amendment of application: possible.

Filing requirements for an application (to be sent to resident agent):
1. Completed and signed application form;
2. 1 sample (good reproduction, photographs, drawings in color or black and white, max. size 300 mm) of the design or model, and description (max. 100 words);
3. In case applicant is a legal entity, an official document proving its existence and showing the persons authorized to act on its behalf; in case applicant is a physical person an official confirmation of domicile;
4. Name and address of the designer (if different from the applicant);
5. Priority document (if priority is claimed);
6. Proof of payment of fees;
7. Power of attorney (upon request).

Electronic filing: available if using the electronic identification and signature solution of the Liechtenstein state administration "eID.li". In all other cases, the application form may be transmitted via fax, but the original must follow within thirty days. 

Electronic signatures: are accepted if created with "eID.li".

Examination Procedure

Examination: the registration is made without prior examination as to novelty and the rights of the applicant.

Alterations: not possible.

Application kept secret: a postponement of publication of thirty months is obtainable.

Novelty: protection depends upon novelty.

Opposition: persons in possession of a better (older) claim can oppose the registration through prosecution and action with the Liechtenstein Courts.

Provisional registration: not possible.

Registration: through the Office “Amt für Volkswirtschaft” (i.e. Office for National Economy) in Vaduz.

Corrections: possible when application is not in accordance with the law.

Publication: eAmtsblatt (electronic gazette of the Liechtenstein National Administration).

Granting

Delivery of document: the applicant receives a deed of registration (in paper format only) about two weeks after filing.

Beginning of protection: from the date of filing.

Duration – extension: five periods of five years each, first period beginning on the date of filing.

Annuities – latest term for payment: the charge for the extension of the protected period (second and fifth periods) must be paid before expiry of the five-year period to avoid surcharge. At the latest, it must be paid within six months after expiry.

Renewals: must be requested before expiry of the five-year period, within twelve months before and six months after expiry date. 

Marking of registered goods: not compulsory.

Changes in the list of goods: possible only in the case of reduction of listed goods.

Licenses: possible, only opposable to third parties (who are in good faith) if registered.

Assignment (possibility and form): possible at all times by written contract. 

Infringement and penalties: penal and civil action can be brought against the infringer. Furthermore, the competent authority is authorized to inform the holder of a registered design upon a suspicion of an import, export or transit of products which violate an existing design right. This information shall allow the holder of a registered design to take the necessary precautions to safeguard his/her rights.

Particularities

The Liechtenstein law concerning designs and models is for the most part the same as the Swiss law (see SWITZERLAND Section IV. “Designs“).