Design

Definitions

• "Design": means the appearance of the whole or a part of a product resulting from the features of, in particular, the lines, contours, colours, shape, texture and/ or materials of the product itself and/or its ornamentation; (e.g. fabric pattern, lamp, sofa, etc.);
• "Product" means any industrial or handicraft item, including inter alia parts intended to be assembled into a complex product, packaging, appointments, graphic symbols and typographic characters, but excluding computer programs; 

Requirements for Protection

Creations can enjoy design protection if they meet the following conditions:

•   - Novelty
•   - Peculiarity
•   - They are neither unlawful nor offensive in nature.

Whether a design is new and sufficiently different from existing designs is not examined by the Office of Economic Affairs. Third parties can therefore dispute the novelty of a design at any time in court.

Deferring publication

The filing person may request in writing that publication be deferred for a period not exceeding 30 months from the date of filing or priority.
During the deferment, the right holder may request immediate publication at any time. The depositary shall keep the deposited design secret until the expiration of the deferment. The secrecy is indefinite if the deposit is withdrawn before the expiration of the deferment.

Term of protection

The protection lasts for five years from the date of deposit and  may be extended by four periods of protection of five years each. Thus, a total protection period of 25 years is possible.

Representation

The right holder of a design who has neither a domicile or seat nor a place of business in the country may participate in administrative or judicial proceedings governed by the Gesetz über den Schutz von Design (Designgesetz; LR 232.12) before the competent administrative or judicial authorities only if he or she has an attorney-at-law or patent attorney-at-law in the country to represent him or her.

Fees

If you are remitting fees, please provide the following information in the Reason for Payment field: Design Number or Design Name or No. 840.431.02