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Switzerland

Federal Act of October 5, 2001 on the Protection of Designs (status as of July 1, 2011)

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Switzerland

Year of current version:2011
Date of entry into force of original text:July 1, 2002
Date of Text (Enacted):October 5, 2001
Type of Text:Main IP Laws: enacted by the Legislature
Subject Matter:Enforcement of IP and Related Laws, Industrial Designs, Industrial Property, Undisclosed Information (Trade Secrets)
Notes:
The notification by Switzerland to the WTO under Article 63.2 of TRIPS states:
'The new Law on Designs repealed the Federal Law on Industrial Designs and Models of March 30, 1900.
It brings Swiss law into line with the most recent developments at international level, in particular with a view to the ratification of the Geneva Act of July 2, 1999 of the Hague Agreement concerning the International Deposit of Industrial Designs.
The main characteristics of the new law are as follows: conditions for obtaining protection, scope of protection, maximum term of protection (25 years instead of 15), right to continued use and right to parallel use, deferment of publication in lieu of deposit under sealed cover, continuation of the examination procedure in the event of an applicant's failure to meet a deadline instead of reinstatement under the law in force at that time, regulation on the standing of the licensee, proceedings and penalties under civil and criminal law, provisional measures and customs measures.

The amendments incorporated in the earlier versions are as follows:
-Amendments on the headings of Article 24 and 26a, which were amended on December 19, 2003 and entered into effect on January 1, 2005 (RO 2004 5085).
These amendments were made following the adoption of the Federal Law on Electronic Signature Certification (SCSE; FF 2003 7493) and the identical provisions on electronic communication with the Federal Intellectual Property Institute introduced in the Law on Topographies (Article 16a LTo), the Law on the Protection of Trademarks (Article 40 LPM), the Law on Designs (Article 26a LDes) and the Law on Patents for Inventions (Article 65a LBI).
The related Ordinances, namely the Ordinance on Topographies (OTo), the Ordinance on the Protection of Trademarks (OPM), the Ordinance on Designs (ODes) and the Ordinance on Patents for Inventions (OBI), have been amended accordingly.

-Amendments on the heading of Article 32, which was amended on June 17, 2005, and entered into effect on January 1, 2007 (RO 2006 2197).
This article is now repealed following the complete overhaul of the regulations governing organization and procedure before the Federal Court.

-Amendments to Articles 9, 31, 40, 41, 41a, 46 to 48, 48a to 48g and 49, which were amended on June 22, 2007, and entered into effect on July 1, 2008 (RO 2008 2551).
These amendments were adopted in the framework of the review of the Law on Patents (national measures aimed at combating piracy in the field of intellectual property, in particular intervention by the Customs Administration).
The content of these articles refer to the proceedings and penalties under civil and criminal law, provisional measures, and customs measures.'

The most amendments incorporated in this consolidated version of the Law on Designs relate to Articles 18, 37 and 38 concerning the administrative procedures and provisional measures for the protection and enforcement of designs rights.
Available Texts: 
French

Loi fédérale du 5 octobre 2001 sur la protection des designs (état le 1er juillet 2011) Loi fédérale du 5 octobre 2001  sur la protection des designs (état le 1er juillet 2011), Complete document (pdf) [139 KB]

German

Bundesgesetz vom 5. Oktober 2001 über den Schutz von Design (stand am 1. Juli 2011) Bundesgesetz vom 5. Oktober 2001 über den Schutz von Design (stand am 1. Juli 2011), Complete document (pdf) [144 KB]

Italian

Legge federale del 5 ottobre 2001 sulla protezione del design (stato 1° luglio 2011) Legge federale del 5 ottobre 2001 sulla protezione del design (stato 1° luglio 2011), Complete document (pdf) [126 KB]

Related Legislation:
Historical Versions:
WIPO Lex No.:CH235

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