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ANNOTATION

What is an industrial design?

In contrast to an patent or an utility model with which the protection of technical features of a device or the single technical steps of a procedure can be protected with a design the aesthetic appearance, so the external appearance, is protectable. There are flat designs (etiquettes, material patterns etc.) as well as three-dimensional forms like car body designs, furniture designs, kitchen utensils etc. Besides, the styling is characterised, e.g., by the arrangement of lines, contours, colours or surfaces or by the used material. A design can be protected if it is new and differs from existing creations in essential points enough. The registration of a design owns a  grace period for novelty of one year, may already have been published up to one year before registration by you. After registration the protection can be maintained up to 25 years.

Which rights does the design owner acquire?

After article. 9 of the Swiss design law, the design owner has the right to forbid others,

1.) to use the design for commercial purposes. As a use can be considered in particular producing, the storage, offering, the marketing, delivering and transit as well as the possession for these purposes.

2.) The legal owner can also forbid third parties to help in an illegal use action, to favour or to ease such a commitment.