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.
Section 1 Dossier
Art. 22 Content
1 The IPI shall maintain a dossier in which the stages of the registration procedure and all entries in the Register are recorded. 2 Official documents of evidence that disclose manufacturing or trade secrets or contain other information that the applicant has a legitimate interest in keeping confidential shall be filed separately on request. This will be noted in the dossier. 3 ...
Para. 2 — Amended by No I of the O of 18 Oct. 2006, in force since 1 Jan. 2007 (AS 2006 4481). Para. 3 — Repealed by No I of the O of 3 Dec. 2004, with effect from 1 Jan. 2005 (AS 2004 5023).
Art. 23 Inspection of the files
1 Prior to the entry of the design in the Register and during the period of deferment of publication, the dossier may be inspected by: a. the applicant and his or her representative; b. persons who prove that the applicant alleges that they have infringed the applicant’s right to the filed design or has warned them of such an infringement; c. other persons with the express consent of the applicant or his or her representative. 2 The persons named in paragraph 1 may also inspect the files relating to applications for registration that have been withdrawn or rejected, or which the IPI has dismissed. 3 Anyone may inspect the dossier after the design has been entered in the Register, provided that the publication has not been deferred. 4 The IPI shall make a decision regarding the inspection of separately filed official documents of evidence in accordance with Article 22 paragraph 2 following consultation with the right holder. 5 On request, the files to be inspected shall be issued in the
Para. 5 — Amended by No I of the O of 2 Dec. 2016, in force since 1 Jan. 2017 (AS 2016 4833).
Art. 24 Retention of files
1 The IPI shall retain the originals or copies of the files of completely cancelled register entries for five years following the cancellation. 2 The IPI shall retain the originals or copies of the files of applications for registration that have been withdrawn or rejected, or which have been dismissed by the IPI, for five years following the withdrawal, rejection or dismissal. 3 ... 4 On request, the IPI shall return submitted design specimens to the right holder after expiry of the retention period. The request must be made prior to the expiry of the retention period.
Para. 3 — Repealed by No I of the O of 3 Dec. 2004, with effect from 1 Jan. 2005 (AS 2004 5023). Para. 4 — Amended by No I of the O of 2 Dec. 2016, in force since 1 Jan. 2017 (AS 2016 4833).
Section 2 The Register
Art. 25 Register content
1 The entry of a design in the Register shall include: a. the filing number; b. the filing date; c. the surname and first name or the company name as well as the address of the right holder; d. the surname and address of the representative, where applicable; e. the surname and domicile of the persons who created the design; f. information about the products for which the designs are to be used; g. a reference number for each filed design; h. the reproductions of the designs; i. the date of registration; j the date of publication. 2 Where applicable, the entry shall also include the following: a. information concerning the priority claim in accordance with Articles 22 and 23 DesA; b. an indication that the publication has been deferred; c. a description of the design. 3 The following shall also be entered in the Register: a. the renewal of the term of protection and the date on which the renewal comes into effect; b. the complete or partial cancellation of the registration with the reas
Para. 1 let. e — Amended by No I of the O of 2 Dec. 2016, in force since 1 Jan. 2017 (AS 2016 4833). Para. 3 let. d — Amended by No I of the O of 2 Dec. 2016, in force since 1 Jan. 2017 (AS 2016 4833). Para. 5 — Repealed by No I of the O of 3 Dec. 2004, with effect from 1 Jan. 2005 (AS 2004 5023).
Art. 26 Inspection and extracts from the Register
1 The entries in the Register, with the exception of entries whose publication has been deferred, are open for anyone to inspect. 2 The IPI shall issue extracts from the Register. 3 ...
Para. 2 — Amended by No I of the O of 2 Dec. 2016, in force since 1 Jan. 2017 (AS 2016 4833). Para. 3 — Repealed by No I of the O of 18 Oct. 2006, with effect from 1 Jan. 2007 (AS 2006 4481).
Section 3 Amendments to the Design Registration
Art. 27 Transfer
1 The request for registration of the transfer must be made by the former right holder or the person who is acquiring the design right (acquirer). 2 It shall include: a. an express declaration by the former right holder or another satisfactory document showing that the design right is entirely or partially transferred to the acquirer; b. the surname and first name or company name, the address of the person acquiring the design right and, where applicable, their address for service in Switzerland;
Para. 2 let. b — Amended by No I of the O of 11 May 2011, in force since 1 July 2011(AS 2011 2245).
Art. 28 Licence
1 The request for registration of a licence must be made by the right holder or by the licensee. 2 It shall include: a. an express declaration by the right holder or another satisfactory document showing that the right holder authorises the licensee to use the design; b. the surname and first name or the company name as well as the address of the licensee; c. the request that the licence be registered as an exclusive licence where applicable; d. in the case of a partial licence, an indication of the licensed rights where applicable. 3 For the registration of a sub-licence, paragraphs 1 and 2 apply by analogy. In addition, it must be proven that the licensee is authorised to grant sub-licences. 4 If an exclusive licence is entered in the Register, no other licenses that are incompatible with the exclusive license will be entered in the Register for the same design.
Para. 4 — Inserted by No I of the O of 2 Dec. 2016, in force since 1 Jan. 2017 (AS 2016 4833).
Art. 29 Other Register amendments
On the basis of an appropriate declaration by the right holder or another satisfactory document, the IPI shall register: a. the usufruct of the design right and pledging of the design right; b. restrictions on powers of disposal ordered by the courts and compulsory enforcement authorities; c. amendments concerning registered information.
let. b — Amended by No I of the O of 2 Dec. 2016, in force since 1 Jan. 2017 (AS 2016 4833).
Art. 30 Cancellation of third party rights
On request, the IPI shall cancel a right registered in favour of a third party if an express waiver or other satisfactory document is presented by the holder of this right.
Art. 31 Rectifications
1 Incorrect register entries shall be rectified without delay at the request of the right holder. 2 If the error results from an oversight by the IPI, it shall be rectified ex officio.
Para. 1 — Amended by No I of the O of 2 Dec. 2016, in force since 1 Jan. 2017 (AS 2016 4833).
Art. 32
1 ... 2−3 ...
Para. 1 — Repealed by No I of the O of 3 Dec. 2004, with effect from 1 Jan. 2005 (AS 2004 5023). Para. 2−3 — Repealed by No I of the O of 18 Oct. 2006, with effect from 1 Jan. 2007 (AS 2006 4481).
Art. 33
Repealed by No I of the O of 18 Oct. 2006, with effect from 1 Jan. 2007 (AS 2006 4481).
Section 4 Cancellation of a Design
Art. 34
1 The IPI shall cancel a design on its own initiative if, in the event of the deferment of publication, no representations are submitted (Art. 19 para. 3 DesA). 2 The IPI shall notify the right holder of the cancellation. 3 The cancellation of a design is free of charge.
Art. 34 — Amended by No I of the O of 2 Dec. 2016, in force since 1 Jan. 2017 (AS 2016 4833).