Designs

– Federal Act on the Protection of Designs of October 5, 2001, in force since July 1, 2002; last amendments in force since July 1, 2023.
– Ordinance on the Protection of Designs of March 8, 2002, in force since July 1, 2002; last amendments in force since January 1, 2022.

Membership in International Conventions

– Paris Convention for the Protection of Industrial Property, Stockholm Act.
– Convention Establishing the World Intellectual Property Organization (WIPO), since April 26, 1970.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since March 11, 1973.
– Hague Agreement Concerning the International Registration of Industrial Designs, (London Act until November 19, 2010), Hague Act, Stockholm Act, and Geneva Act since December 23, 2003.
– Locarno Agreement Establishing an International Classification for Industrial Designs, since April 27, 1971.
– WTO’s TRIPS Agreement, since July 1, 1995.

Filing

Definition: a design may consist in the external shape, surface decoration, including colors, of an object or a part thereof. According to the law, it may also consist in an arrangement of lines or the materials used. The external shape of a product is registrable as a design provided it is not determined by its technical function and as far as it meets the novelty requirements: (a) formal novelty: the design applied for is different from any previously registered design; (b) material novelty: the design is different from others made available in the course of trade.

Applicants: may be the author(s) or an assignee, i.e. a physical person or a company. 

Protection for foreigners: the same as for Swiss nationals. 

Foreigners and nationals not living in the country: must appoint a local representative.

Exceptions to protection: objects obviously outside the above definition, which are not new and original, or contrary to law or morals are refused.

Novelty: must be new in Switzerland.

Novelty grace period: twelve months.

Priority: Convention period is six months. Priority must be claimed at the time of filing and a supporting document can be required.

Territory: Switzerland (not Liechtenstein). 

Series application: an application may comprise as many designs as desired as far as they all belong to the same Locarno class. All designs must be numbered.

Filing requirements for an application (to be sent to resident agent):
1. A good quality reproduction of each design (size: min. (A7) 74 x 105 mm, max. (A4) 210 x 297 mm) (photographs, drawings in color or black and white in paper or electronic format – any PC compatible file with a definition of ideally 300 dpi);
2. A designation of the product the design is intended for;
3. Name and address of the designer(s);
4. Name and address of the applicant;
5. If priority is claimed, country and date of Convention priority (the priority document can be requested but is not necessary for filing);
6. Description (not compulsory), max. 100 words.

Minimum requirements to obtain a filing date: name and address of the applicant, sample or reproduction of the design. 

Terms for filing the missing documents: are fixed by the Federal Institute, generally two to three months after the filing date; a one-month extension is normally available. 

Electronic filing: available.

Electronic signatures: scanned copies of handwritten (wet) signed documents are accepted. The original signed documents are not required, however, the Federal Institute reserves the right to request the original signed document at a later date. The electronic signature is also accepted under strict conditions which make it possible to guarantee the authenticity of a document, a message or other electronic data and to ensure the identity of the signatory. It is based on a certification infrastructure managed by third party providers - certification services providers, that are recognized in Switzerland or abroad.

Examination

Amendments: are possible before registration. 

Examination: applications are examined within a few days only as to compliance with the formal requirements but not as to novelty.

Objections of the Federal Institute of Intellectual Property: are reported in official letters.

Registration, Protection

Registration certificate: is delivered after formal examination. 

Publication: once registered, with reproductions of the designs. A deferment of publication of maximum thirty months is available and replaces the previous “sealed application” system. Designs filed under the former law regime (valid before July 1, 2002) will be published only if renewal after the fifteenth year of validity is requested. 

Opposition: not provided for. Novelty issues are debated before competent cantonal courts.

Duration of protection: five-year protection periods, renewable up to twenty-five years from the filing date.

Renewals: official fees are due for each period; grace period: six months, with fine.

Assignments and licenses: may be registered by filing a pertinent document.

Working: not necessary.

Infringement and penalties: see Section II. “Patents of Invention“.

Surveillance by customs: may be requested by the owner, if he has good reasons to believe that infringing items are imminently being brought into or taken out of the Swiss customs territory. The Customs Administration has to reply and carry out the surveillance within fourty days. Surveillance usually lasts two years from the request. The Customs Administration is authorized to notify the right owner if there is any suspicion that infringing goods may imminently be brought into or taken out of the Swiss customs territory and to withhold the goods for three working days in order that the persons entitled may file an application refusing the release of the goods. The owners or licensees of rights having clear indications that infringing goods may imminently be brought into or taken out of the Swiss customs territory may request the Customs Administration, in writing, to refuse the release of the goods by providing a precise description of the goods.

Modification of Protection after Registration

Rights of prior user: the owner of a registered design cannot prevent third parties from using the captioned design when said use was made in good faith before the application date or during the postponement of the publication. 

Opposition to registered designs: not provided for.

Annulment of registration: a nullification action must be instituted before the competent cantonal court. A registration will be annulled if: (1) it lacks novelty and/or “individual character”; (2) applicant is neither the author nor the assignee of the same; (3) the object is not a design in the meaning of the law; or (4) the design is contrary to law or morality.

Compulsory licenses: not provided for.

Expropriation: not provided for. 

Validation: none.