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 Further Processing for Missed Time Limit
Art. 31
1 If the applicant or the right holder fails to observe a time limit required by the IPI, he may file a request with the latter for further processing. 2 The request must be filed within two months of receiving notice of the expiry of the time limit, and at the latest within six months of expiry of the said time limit. Within this time period, the omitted act must be carried out in full and the fee for further processing paid. 3 If the IPI accepts the request for further processing, the situation is restored to that which would have resulted from carrying out the act within the time limit. 4 Further processing is excluded in the case of failure to observe the time limits: a. for filing a request for further processing; b. for claiming priority.
Para. 1 — Amended by Annex No 4 of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1).
Section 2 …
Art. 32
Repealed by Annex No 22 of the Federal Administrative Court Act of 17 June 2005, with effect from 1 Jan. 2007 (AS 2006 2197 1069; BBl 2001 4202).
Section 3 Protection under Civil Law
Art. 33 Action for a declaratory judgment
Any person who can demonstrate a legal interest may apply to the court for a declaratory judgement as to whether a right or legal relationship governed by this Act does or does not exist.
Art. 34 Action for assignment
1 Any person who claims a greater right to a design may bring an action for assignment of the design right against the right holder. 2 If the right holder is acting in good faith, the action must be brought against him or her within a period of two years from publication of the design. 3 If the assignment is ordered, licences or other rights granted to third parties in the intervening period lapse; however, if they have used the design commercially in Switzerland in good faith or have made special preparations to do so, these third parties are entitled to be granted a non-exclusive licence. 4 Any claims for damages remain reserved.
Art. 35 Action for performance
1 A right holder whose right has been infringed or threatened may request the court: a. to prohibit an imminent infringement; b. to remedy an existing infringement; c. to require the defendant to provide information on the origin and extent of unlawfully manufactured items in his possession and to name the recipients and disclose the extent of any distribution to commercial customers. 2 Actions brought under the Code of Obligations for damages, satisfaction and handing over of profits in accordance with the provisions concerning agency without authority remain reserved. 3 An action for performance may be instituted only after the design has been entered in the Register. Claims for damages may be made retroactively from the time at which the defending party obtained knowledge of the content of the application for registration. 4 Any person who holds an exclusive licence is entitled to bring a separate action irrespective of the registration of the licence in the Register unless this is
Para. 2 — SR 220
Art. 36 Forfeiture in civil proceedings
The court may order the forfeiture and sale or destruction of the unlawfully manufactured items or equipment, devices and other means that primarily serve their manufacture.
Revised by the Federal Assembly Drafting Committee (Art. 33 ParlPA – AS 1974 1051).
Art. 37
Repealed by Annex 1 No II 11 of the Civil Procedure Code of 19 Dec. 2008, with effect from 1 Jan. 2011 (AS 2010 1739; BBl 2006 7221).
Art. 38 Preliminary measures
Any person requesting preliminary measures may, in particular, request that the court orders measures to: a. secure evidence; b. establish the origin of items unlawfully manufactured; c. preserve the existing state of affairs; d. provisionally enforce claims for injunctive relief and remedy.
Art. 38 — Amended by Annex 1 No II 11 of the Civil Procedure Code of 19 Dec. 2008, in force since 1 Jan. 2011 (AS 2010 1739; BBl 2006 7221).
Art. 39 Publication of the judgment
The court may order, at the request of the successful party, that the judgement be published at the expense of the other party. The court determines the form and extent of publication.
Art. 40 Notification of judgments
The courts shall provide the IPI with full official copies of the final judgments free of charge.
Art. 40 — Amended by Annex No 4 of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1).
Section 4 Protection under Criminal Law
Art. 41 Infringement of a design right
1 On complaint from the right holder, any person who wilfully infringes the design right of another is liable to a custodial sentence not exceeding one year or a monetary penalty if he: a. unlawfully uses the design; b. participates in, encourages or facilitates such unauthorised use; c. refuses to provide the competent authority with information on the origin and extent of unlawfully manufactured items in his possession and to name the recipients and disclose the extent of any distribution to commercial customers. 2 If the offender acts for commercial gain, he shall be prosecuted ex officio. The penalty is a custodial sentence not exceeding five years or a monetary penalty. …
Para. 1 — Amended by Annex No 4 of the FA of 22 June 2007, in force since 1 July. 2008 (AS 2008 2551; BBl 2006 1). Para. 2 — Third sentence repealed by No I 7 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, with effect from 1 July 2023 (AS 2023 259; BBl 2018 2827). Para. 2 — Amended by Annex No 4 of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1).
Art. 41a Acts that are not offences
Acts under Article 9 paragraph 1bis are not criminal offences.
Art. 41a — Inserted by Annex No 4 of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1).
Art. 42 Offences committed within a business
Articles 6 and 7 of the Federal Act of 22 March 1974 on Administrative Criminal Law apply to offences committed within a business by subordinates, agents or representatives.
SR 313.0
Art. 43 Suspension of proceedings
1 If the person under investigation institutes civil proceedings for the nullity or non-infringement of the design right, the court may suspend criminal proceedings. 2 If the person under investigation claims in criminal proceedings that the design right is invalid or has not been infringed, the court may set an appropriate time limit for him to assert his claims in civil proceedings. 3 The limitation period for prosecution is suspended during the stay of proceedings.
Art. 44 Forfeiture in criminal proceedings
The court may order the forfeiture and sale or destruction of the unlawfully produced items or equipment, devices and other means that primarily serve their manufacture, even in the event of an acquittal.
Art. 45 Prosecution
Prosecution is the responsibility of the cantons.
Section 5 Assistance in connection with Items bein
Amended by No I 5 of the FA of 22 Dec. 2023 on the Introduction of a Simplified Procedure for Destroying Small Consignments in Intellectual Property Law, in force since 1 July 2025 (AS 2025 313; BBl 2023 1184).
Art. 46 Notification of suspicious items
1 The Federal Office for Customs and Border Security (FOCBS) is authorised to notify the right holder of a filed design if there is any suspicion that unlawfully manufactured items are about to be brought into or taken out of Swiss customs territory. 2 In such cases, the FOCBS is authorised to withhold the items for three working days in order that the right holder may file an application under Article 47.
Art. 46 — Amended by No I 5 of the FA of 22 Dec. 2023 on the Introduction of a Simplified Procedure for Destroying Small Consignments in Intellectual Property Law, in force since 1 July 2025 (AS 2025 313; BBl 2023 1184).
Art. 47 Application for assistance
1 If the right holder or a licensee of a filed design entitled to initiate proceedings has clear indications that unlawfully manufactured items are about to be brought into or taken out of the customs territory, he may request the FOCBS in writing to refuse the release of the items. 2 The person filing the application (applicant) may at the same time request in writing that the items be destroyed: a. in accordance with the ordinary procedure (Art. 48c–49); or b. in accordance with the simplified procedure (Art. 49a) if the consignment is small. 3 In the application in accordance with paragraph 2, applicants may request that the items be handed over to them so that they can destroy the items themselves. 4 The application in accordance with paragraph 2 letter a must not result in the time limits for obtaining preliminary measures in accordance with Article 48 paragraphs 3 and 4 being extended. 5 The Federal Council shall determine what constitutes a small consignment, taking into account
Art. 47 — Amended by No I 5 of the FA of 22 Dec. 2023 on the Introduction of a Simplified Procedure for Destroying Small Consignments in Intellectual Property Law, in force since 1 July 2025 (AS 2025 313; BBl 2023 1184).
Art. 48 Detention of items
1 If, as a result of an application for assistance in accordance with Article 47 paragraph 1, the FOCBS has grounds to suspect that the items intended to be brought into or taken out of the customs territory were unlawfully manufactured, it shall: a. detain the items; and b. inform the applicant and the declarant, holder or owner of the objects. 2 If an application for the destruction of small consignments (Art. 47 para. 2 let. b) was submitted with the application for assistance in accordance with Article 47 paragraph 1, the procedure shall be governed exclusively by Article 49a. 3 The FOCBS shall detain the items for a maximum of ten working days from the date on which the applicant received the notification in accordance with paragraph 1 letter b so that the applicant may obtain preliminary measures. 4 Where justified by the circumstances, it may detain the item for a maximum of ten additional working days. 5 If the consignment is small, the FOCBS may transfer responsibility for the
Art. 48 — Amended by No I 5 of the FA of 22 Dec. 2023 on the Introduction of a Simplified Procedure for Destroying Small Consignments in Intellectual Property Law, in force since 1 July 2025 (AS 2025 313; BBl 2023 1184).
Art. 48a Samples
1 While the items are being withheld, the FOCBS is authorised to hand over or deliver to the applicant, on request, samples for examination or to permit the applicant to inspect the items being withheld. 2 The samples are collected and delivered at the expense of the applicant. 3 They must be returned after the examination has been carried out, if this is reasonable. If samples are retained by the applicant, they are subject to the provisions of customs legislation.
Art. 48a — Inserted by Annex No 4 of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1). Para. 1 — Name in accordance with No I 3 of the O of 12 June 2020 on the Amendment of Legislation as a consequence of the Change to the Name of the Federal Customs Administration as part of its further Development, in force since 1 Jan. 2022 (AS 2020 2743). This change has been made throughout the text.
Art. 48b Safeguarding of manufacturing and trade secrets
1 At the same time as notification is made in accordance with Article 48 paragraph 1, the FOCBS shall inform the declarant, holder or owner of the items of the possible handover of samples or the opportunity to inspect them in accordance with Article 48a paragraph 1. 2 The declarant, holder or owner may request to be present at the inspection in order to safeguard his manufacturing or trade secrets. 3 The FOCBS may refuse to hand over samples on reasoned request from the declarant, holder or owner.
Art. 48b — Inserted by Annex No 4 of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1).
Art. 48c Notification of the application for destruction of items
1 ... 2 If an application for destruction is made, the FOCBS shall notify the declarant, holder or owner of the items accordingly as part of the notification made under Article 48 paragraph 1. 3 …
Art. 48c — Inserted by Annex No 3 of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1). Art. 48c — Amended by No I 5 of the FA of 22 Dec. 2023 on the Introduction of a Simplified Procedure for Destroying Small Consignments in Intellectual Property Law, in force since 1 July 2025 (AS 2025 313; BBl 2023 1184). Para. 1 — Repealed by No I 5 of the FA of 22 Dec. 2023 on the Introduction of a Simplified Procedure for Destroying Small Consignments in Intellectual Property La
Art. 48d Consent
1 The destruction of the items requires the consent of the declarant, holder or owner. 2 Consent is deemed to be given if the declarant, holder or owner does not expressly object to the destruction within the time limits under Article 48 paragraphs 2 and 3.
Art. 48d — Inserted by Annex No 4 of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1). Para. 2 — Presently: Art. 48 para. 3 and 4.
Art. 48e Evidence
Before the destruction of the items, the FOCBS shall remove samples and hold them in safekeeping as evidence in any actions for damages.
Art. 48e — Inserted by Annex No 4 of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1).
Art. 48f Damages
1 If the destruction of the items proves to be unjustified, the applicant is exclusively liable for the resultant loss. 2 If the declarant, holder or owner has given express written consent for the destruction, no claims for damages may be made against the applicant if the destruction later proves to be unjustified.
Art. 48f — Inserted by Annex No 4 of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1).
Art. 48g Costs
1 The destruction of the items is carried out at the expense of the applicant. 2 The decision about the costs of collecting and safekeeping samples under Article 48e are decided by the court in connection with the assessment of claims for damages in accordance with Article 48f paragraph 1.
Art. 48g — Inserted by Annex No 4 of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1).
Art. 49 Accountability statement and damages
1 Where it is anticipated that withholding the items may lead to a loss being incurred, the FOCBS may make withholding of the items dependent on the applicant providing them with an accountability statement. As an alternative to this statement and where justified by circumstances, the FOCBS may request the applicant to provide appropriate security. 2 The applicant is liable for any losses incurred from withholding the items and from collecting the samples if preliminary measures are not ordered or prove to be unfounded.
Art. 49 — Amended by Annex No 4 of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1).
Art. 49a Simplified procedure for destroying small consignments
1 The FOCBS shall detain items if the consignment is small and: a. if, as a result of an application for assistance in accordance with Article 47 paragraph 1, it has grounds to suspect that the items intended to be brought into or taken out of the customs territory were unlawfully manufactured; and b. an application for the destruction of small consignments (Art. 47 para. 2 let. b) has been submitted. 2 It may transfer responsibility for conducting the further procedure to the IPI. 3 The competent authority shall provide the declarant, holder or owner of the items with notification of the suspicion and of the detained items and inform him that the items will be destroyed if he does not expressly object to the destruction within ten working days of receiving this notification. 4 If the declarant, holder or owner expressly objects to the destruction within the time limit specified in paragraph 3, the competent authority shall notify the applicant accordingly. The further procedure shall
Art. 49a — Inserted by No I 5 of the FA of 22 Dec. 2023 on the Introduction of a Simplified Procedure for Destroying Small Consignments in Intellectual Property Law, in force since 1 July 2025 (AS 2025 313; BBl 2023 1184).