Design Laws And Regulations 2022

• Published date: 30 May 2022
• Subject Matter: Intellectual Property, Copyright, Trademark
• Law Firm: BMG Avocats
• Author: Ms Anne-Virginie La Spada

1. Relevant Authorities and Legislation

1.1 What is the relevant Design authority in your jurisdiction?

The Swiss Federal Institute of Intellectual Property (IPI) is the relevant design authority in Switzerland.

1.2 What is the relevant Design legislation in your jurisdiction?

The relevant design legislation in Switzerland are as follows:

• The Federal Act on the Protection of Designs (Designs Act DesA).
• The Federal Ordinance on the Protection of Designs (Designs Ordinance, DesO).

2. Application for a Design

2.1 What can be registered as a Design?

The external appearance of products or parts thereof, characterised, in particular, by the arrangement of lines, surfaces, contours or colours or by the materials used, can be registered as a design (art. 1 DesA). Two-dimensional designs and three-dimensional forms can be registered as designs.

2.2 What cannot be registered as a Design?

It is not possible to register as a design anything that that does not meet the definition of a design mentioned under question 2.1. For example, immaterial objects such as musical creations, ideas or concepts cannot be registered as designs.

2.3 What information is needed to register a Design?

The application for registration of a design must include the following information (art. 9 ' 1 DesO):

• The name and address of the applicant.
• The number of designs included in the application.
• A reference number for each design.
• At least one representation of each design filed, suitable for reproduction.
• Information about the products for which the design(s) is/are to be used.
• The name and domicile of the person(s) who created the design(s).

2.4 What is the general procedure for Design registration?

Upon filing the application, the IPI conducts a formality examination to verify whether the application complies with the applicable formal requirements.

The IPI also conducts a limited substantive examination. It verifies that the design falls within the definition of a design (see question 2.1), that it does not infringe upon federal law or international treaties, and that it is not contrary to public policy or morality. The IPI does not examine the novelty or the individual character of the design.

In case of a formal or substantive deficiency, the IPI sets the applicant a time limit to remedy the deficiency. If the deficiency is not remedied within the set time limit, the IPI dismisses the application in its entirety or in part, as the case may be.

If there are no grounds for dismissal, and if the applicant has not requested the deferment of the publication, the IPI enters the design into the Design Register and publishes the registration.

2.5 How is a Design adequately represented?

The representation(s) of the design must be suitable for reproduction (art. 19 ' 1 letter b DesA; art. 10 ' 1 DesO).

Photographs (black and white or colour) and drawings are accepted, as well as not-animated 3D renderings. The resolution must ideally be 300dpi. The background must be neutral and the depicted object must be in sufficient contrast to it. Additional descriptions (texts, measurements) are not allowed.

2.6 Are Designs registered for specific goods or products?

Yes. The application must include information about the products for which the design is to be used (art. 9 ' 1 letter f DesO).

2.7 Is there a 'grace period' in your jurisdiction, and if so, how long is it?

Yes, there is a grace period for novelty (art. 3 DesA). The disclosure of a design during the 12 months preceding the filing date or the priority date may not be invoked against the right holder if:

• a third party disclosed the design in an abusive manner to the detriment of the entitled person; or
• the entitled person has disclosed the design.

2.8 What territories (including dependents, colonies, etc.) are or can be covered by a Design in your jurisdiction?

A Swiss design covers the territory of Switzerland only.

2.9 Who can own a Design in your jurisdiction?

Any physical person or legal entity may own a design in Switzerland.

2.10 How long on average does registration take?

The registration process takes a few months.

2.11 What is the average cost of obtaining a Design in your jurisdiction?

The basic fee charged by the IPI is CHF 200 for one design. A fee of CHF 100 is charged for each additional design included in the same application. For six designs or more in the same application, the total basic fee is CHF 700. Publication of one representation is included in the basic fee. For each additional representation, an additional fee of CHF 20 is charged.

2.12 Is there more than one route to obtaining a registration in your jurisdiction?

Yes. It is possible to file an application for an international design through the World Intellectual Property Organization (WIPO), based on the Hague Agreement concerning the International Deposit of Industrial Designs.

2.13 Is a Power of Attorney needed?

No power of attorney is required.

2.14 If so, does a Power of Attorney require notarisation and/or legalisation?

This is not applicable.

2.15 How is priority claimed?

The declaration of priority must be included in the application for registration of the design (art. 9 ' 2 letter b DesO). The right of priority lapses when the declaration is not made at the time of filing (art. 12 letter a DesO).

The declaration of priority must include the date of the first filing, the country in which the first filing was made, and the countries for which the first filing was made (in the case of an international application, for instance) (art. 11 ' 1 ODes).

Submission of a priority document is not mandatory, but the IPI may require it (art. 23 ' 1 DesA).

2.16 Can you defer publication of Design applications in your jurisdiction? If so, for how long?

Yes. The applicant may request that publication be deferred for up to a maximum of 30 months from the filing or priority date (art. 26 ' 1 DesA).

3. Grounds for Refusal

3.1 What are the grounds for refusal of registration?

Formal deficiencies, if not remedied within the time limit set by the IPI, may lead to the dismissal of the application (art. 15 ' 1 DesO). Formal deficiencies may consist in missing information on the applicant or the person who created the design, or concern the representations, for example.

The IPI conducts only a limited substantive examination (see question 2.4). It verifies that the design falls within the definition of a design, that it does not infringe upon federal law or international treaties, and that it is not contrary to public policy or morality (art. 16 ' 1 DesO). The IPI does not examine the novelty or individual character of the design.

3.2 What are the ways to overcome a grounds objection?

The applicant may submit arguments in response to the notification of a deficiency, within the set time limit.

3.3 What is the right of appeal from a decision of refusal of registration from the Intellectual Property Office?

The applicant may file an appeal within 30 days from receipt of the IPI's decision with the Federal Administrative Tribunal. The decision of the Federal Administrative Tribunal may in turn be appealed within 30 days from receipt by the applicant with the Swiss Federal Tribunal (the Swiss highest court).

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