Designs Ordinance (DesO)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only, has no legal force and may not be relied on in legal proceedings.
Art. 1 Responsibility
1 The Swiss Federal Institute of Intellectual Property (IPI) is responsible for carrying out the administrative duties stipulated in the DesA and this Ordinance. 2 The Federal Office for Customs and Border Security (FOCBS) is responsible for enforcing Articles 46–49 DesA and Articles 37–40 of this Ordinance.
Para. 1 — The name of this administrative unit was amended in application of Art. 16 para. 3 of the Publications Ordinance of 17 Nov. 2004 (AS 2004 4937). This amendment has been made throughout the text. Para. 1 — Expression in accordance with No I of the O of 2 Dec. 2016, in force since 1 Jan. 2017 (AS 2016 4833). This amendment has been made throughout the text. Para. 2 — Amended by No I 4 of the O of 14 May 2025 on the Introduction of a Simplified Procedure for Destroying Small Consignments
Art. 2 Time limits
If a time limit is calculated in months or years, it shall end in the final month on the same date of the month as the date on which it started. If there is no such date, the time limit shall end on the final day of the final month.
Art. 3 Language
1 Submissions to the IPI must be written in an official Swiss language. 1bis The official language chosen by the applicant at the time of filing is the language of the procedure. 2 Where official documents of evidence are not written in an official language, the IPI may request a translation and a certificate confirming its accuracy. If the translation or certificate is not submitted despite being requested, the document of evidence will not be taken into account.
Para. 1bis — Inserted by No I of the O of 2 Dec. 2016, in force since 1 Jan. 2017 (AS 2016 4833).
Art. 4 Several applicants or owners of a design
1 Where several persons apply to register a design or hold the right to a design (right holder), they must either designate one of them to whom the IPI may send all communications with effect for all of them, or they must appoint a joint representative. 2 If neither of these conditions have been met, the IPI shall designate a recipient in accordance with paragraph 1. If one of the other persons objects, the IPI shall request that all parties act in accordance with paragraph 1.
Art. 4 — Amended by No I of the O of 2 Dec. 2016, in force since 1 Jan. 2017 (AS 2016 4833).
Art. 5 Power of attorney
1 If an applicant or right holder is represented before the IPI, the IPI may request a written power of attorney. 2 Any person who has been authorised by the applicant or right holder to submit all declarations provided for in the DesA or in this Ordinance to the IPI and to receive communications from the IPI on their behalf shall be entered in the Register as a representative in accordance with Article 25. If the IPI is not explicitly notified of any restriction to the power of attorney, it is deemed comprehensive.
Art. 5 — Amended by No I of the O of 2 Dec. 2016, in force since 1 Jan. 2017 (AS 2016 4833).
Art. 6 Signature
1 Submissions must be signed. 2 If a valid signature is missing from a submission, the original date on which it was submitted shall be recognised provided that a signed submission identical in content is subsequently submitted within one month of a request from the IPI. 3 The application for registration does not have to be signed. The IPI may designate other documents that do not require a signature.
Art. 6a Proof
1 The IPI may request proof where it has reasonable doubt concerning the accuracy of a submission. 2 The IPI shall disclose the reasons for its doubt, provide an opportunity to respond, and set a time limit for the submission of proof.
Art. 6a — Inserted by No I of the O of 2 Dec. 2016, in force since 1 Jan. 2017 (AS 2016 4833).
Art. 7 Electronic communication
1 The IPI may authorise electronic communication. 2 It shall determine the technical details and publish them in an appropriate manner.
Art. 7 — Amended by No I of the O of 3 Dec. 2004, in force since 1 Jan. 2005 (AS 2004 5023).