Designs Act (DesA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Section 1 Filing
Art. 19 General requirements
1 A design is considered to have been filed once an application for registration has been submitted to IPI. The application must contain: a. a request for registration; b. a representation of the design suitable for reproduction; if the representation does not fulfil this requirement, the IPI will set a time limit within which the applicant must remedy the defect. 2 The prescribed fee for the first period of protection must also be paid within the time limit set by the IPI. 3 If a two-dimensional design is filed for which a deferment of publication has been requested under Article 26, a specimen of the design may be filed in lieu of the representation. If design protection is to be maintained beyond expiry of the deferment period, a representation of the design suitable for reproduction must first be submitted to the IPI. 4 On payment of a fee, a description of the design containing no more than 100 words may be included to explain the representation of the design.
Para. 1 — Amended by Annex No 3 of the FD of 28 Sept. 2018 on the Approval and Implementation of European Convention No 94 on the Service Abroad of Documents relating to Administrative Matters, in force since 1 April 2019 (AS 2019 975; BBl 2017 5947). Para. 2 — Name in accordance with Annex No 5 of the FA of 21 June 2013, in force since 1 Jan. 2017 (AS 2015 3631; BBl 2009 8533). This modification has been made throughout the text.
Art. 20 Multiple applications
1 that belong to the same product class under the Locarno Agreement of 8 October 1968 Establishing an International Classification for Industrial Designs may be filed as a multiple application. 2 The Federal Council may limit the size and weight of multiple applications.
Para. 1 — SR 0.232.121.3
Art. 21 Effect of filing
Filing creates a presumption of novelty and individual character as well as of the entitlement to file it.
Section 2 Priority
Art. 22 Requirements and effects of priority
1 If a design is duly filed first in another Member State of the Paris Convention for the Protection of Industrial Property of 20 March 1883, or with effect in such a Member State, the applicant or successor in title may claim the date of first filing for the filing of the same design in Switzerland, provided the filing in Switzerland takes place within six months of the date of first filing. 2 The first filing in a state that grants reciprocity to Switzerland has the same effect as the first filing in a Member State of the Paris Convention for the Protection of Industrial Property.
Para. 1 — SR 0.232.01, 0.232.02, 0.232.03, 0.232.04
Art. 23 Formal requirements
1 Any person claiming a right of priority must file a declaration of priority with the IPI. The IPI may request the submission of a priority document. 2 The right to claim priority is forfeited if the time limits and formal requirements laid down by the Federal Council are not observed. 3 Registration of priority is merely a presumption in favour of the right holder.
Section 3 Registration and Renewal of Protection;
Amended by Annex No 5 of the FA of 19 Dec. 2003 on Electronic Signatures, in force since 1 Jan. 2005 (AS 2004 5085; BBl 2001 5679).
Art. 24 Registration
1 A design filed in accordance with the legal provisions shall be entered in the Register. 2 The IPI shall dismiss an application for registration if the formal requirements as set out in Article 19 paragraphs 1 and 2 are not fulfilled. 3 It shall reject an application for registration if it is evident that an absolute ground for refusal in accordance with Article 4 letters a, d or e exists. 4 All amendments concerning the validity of the design right or the right to the design shall also be entered in the Register. The Federal Council may provide for the registration of further particulars such as disposal restrictions ordered by the courts or compulsory enforcement authorities.
Art. 25 Publication
1 On the basis of the entries in the Register, the IPI shall publish the particulars of the design provided for in the Ordinance and a reproduction of the filed design. 2 The IPI determines the organ of publication.
Art. 26 Deferment of the publication
1 The applicant may request in writing that publication be deferred for up to a maximum of 30 months from the filing or priority date. 2 During the period of deferment, the right holder may request immediate publication at any time. 3 The IPI will keep the filed design secret until expiry of the deferment period. Secrecy will be maintained indefinitely if the application is withdrawn before the expiry of the deferment period.
Art. 26a Electronic administrative communication
1 The Federal Council may authorise the IPI to regulate electronic communication in accordance with the general provisions on the administration of federal justice. 2 The dossier and the files may be maintained and stored in electronic form. 3 The Register may be maintained in electronic form. 4 The IPI may make its database accessible, particularly online, to third parties; it may demand remuneration for this service. 5 The IPI’s publications may be produced in electronic form; the electronic version, however, is the authoritative version only if the data is published exclusively in electronic form.
Art. 26a — Inserted by Annex No 5 of the FA of 19 Dec. 2003 on Electronic Signatures, in force since 1 Jan. 2005 (AS 2004 5085; BBl 2001 5679).
Art. 27 Access to the Register and inspection of the files
1 Any person may inspect the Register, obtain information on its contents and request extracts from it; Article 26 remains reserved. 2 In addition, any person may inspect the files of a registered design. The Federal Council may restrict the right of inspection only if manufacturing or trade secrets or other overriding interests so require. 3 Exceptionally, the files may be inspected prior to registration, insofar as the requirements and scope of protection (Art. 2−17) are not affected. The Federal Council shall regulate the details.
Art. 28 Cancellation of the registration
The IPI shall cancel a registration in whole or in part if: a. the right holder requests the cancellation; b. the registration is not renewed; c. the prescribed fees are not paid; d. the registration is declared invalid in a final court decision; or e. the term of protection under Article 5 has expired.
Art. 29 International filing of an application
Any person who designates Switzerland in an international filing of an industrial design will thereby obtain the protection of this Act as if the filing had taken place in Switzerland. Where the provisions of the Hague Agreement of 6 November 1925 Concerning the International Deposit of Industrial Designs are more favourable than the provisions of this Act for the proprietor of the international filing, the provisions of the Agreement will take precedence.
[BS 11 1039]. See now the Agreement of 28 Nov. 1960 (SR 0.232.121.2).
Section 4 Fees
Art. 30
The amount of the fees to be paid under this Act and its ordinance as well as the terms of payment are governed by the Fee Regulations of 28 April 1997 of the Swiss Federal Institute of Intellectual Property (IGE-GebO).
[AS 1997 2173; 1999 2632; 2005 2323; 2006 4487; 2007 4477 No VI; 2008 1897; 2011 2251; 2013 1307; 2016 1049. AS 2016 4845 Art. 12]. See now the Ordinance of the IG of 14 June 2016 about fees (SR 232.148).