Industrial design registration in Switzerland

Switzerland is renowned for its innovation and quality in industrial design. Switzerland is the birthplace of the luxury watch industry with a long tradition of exquisite craftsmanship and luxurious design. Swiss watch brands are always at the forefront of creating watches with beautiful designs, creativity and outstanding quality. Switzerland is also one of the leading centers for medical technology, with many companies specializing in the production of advanced medical devices. Swiss industrial designers play a key role in creating medical products that are designed to be user-friendly, safe, and effective. Switzerland is a country that loves outdoor sports activities, and this has spurred the growth of the sports equipment industry. Swiss designers have created a variety of innovative and high-quality sports products, from sports watches to climbing equipment. Swiss home appliances are known for their minimalist design, luxury, and durable quality. Designers have combined functionality and aesthetics to create household products that meet the needs of modern consumers. Therefore, more and more individuals and organizations want to register industrial designs in Switzerland, Viet An Law would like to guide customers through the article below.

Legal Basis

• Swiss Federal Law of October 5, 2001 on Design Protection (effective as of January 1, 2022)

Definition of industrial design in Switzerland

In Switzerland, an industrial design is defined as the appearance of a product or part of a product that is characterized by the lines, borders, colors, shapes, textures, or materials of the product itself or its decoration.

Conditions for Industrial design registration in Switzerland

• Novelty: The design must be new, which means that it has not been publicly available anywhere in the world before the date of the design application. This includes disclosure through publications, exhibitions, or commercial use.
• Individuality: The design must be personal, meaning that the general impression it makes on the knowledgeable user is different from the general impression that any design that has been publicly available prior to the filing date makes on that user.
• Not contrary to public order or morality: The design must not be contrary to public order or morality.

Types of industrial designs that can be registered in Switzerland

• Two-dimensional styling: Includes styles for patterns, decorative motifs, logos, graphic icons, and fonts.
• Three-dimensional designs: Include designs for the shape, configuration, or decoration of a product or part of a product. This can include a variety of different types of objects, such as:
  • Consumer goods: furniture, home appliances, electronics, toys, clothing, shoes, jewelry, etc.
  • Industrial products: tools, machinery, equipment, vehicles, etc.
  • Packaging: bottles, jars, boxes, labels, etc.
  • Graphical user interface (GUI): icons, buttons, menus, etc.
• Two-dimensional and three-dimensional style combinations: Designs that combine both two-dimensional and three-dimensional elements can also be registered. For example, a product has a unique shape and a special pattern is applied on its surface.
• Color Designs: Designs based solely on color combinations or arrangements can also be registered, as long as they meet the requirements for novelty and individuality.
• Modular designs: Designs for modular products or systems, in which individual components can be combined in various configurations, can also be registered.

Industrial Design Registration Dossier in Switzerland

• Application Form: The application form includes the following information:
  • Name, address, nationality and contact information of the applicant (and representative, if applicable);
  • Title of industrial design;
  • Specifies the products to which the style will be applied (Product Type).
  • International Classification Code for Industrial Designs (Locarno Classification).
• Representative image of the style:
  • Drawings, photographs, or other graphic images of the design.
  • These images need to clearly represent all angles of the style (front, back, side, top, bottom, perspective, etc.).
  • A maximum of 7 images can be submitted.
• Priority documentation (if applicable): If a priority claim is from a previous application filed in another country, the applicant will need to submit a certified copy of the previous application.
• Power of attorney (if applicable): If the applicant files through a representative (e.g., attorney or intellectual property representative), the applicant will need to provide a power of attorney that allows them to act on behalf of the applicant.
• Other documents, if any:
  • Copyright claim (if the applicant is not the creator of the design).
  • The transfer document (if the rights to the design have been transferred).

Industrial design registration in Switzerland under the Hague Agreement

What is the Hague Agreement on the Industrial design registration?

The Hague Agreement on the Industrial design registration (referred to as the Hague Agreement) is an international treaty administered by the World Intellectual Property Organization (WIPO). This agreement provides an international registration system for industrial designs that makes it easy for individual designers and businesses to protect their designs on a global scale.

Benefits of registering industrial design protection through the Hague Agreement

• Simple: Instead of having to file an individual application in each country, the applicant only needs to file a single application in one language (English, French or Spanish) and pay in one currency (Swiss franc) to apply for protection in multiple member states.
• Savings: Significantly reduces costs compared to filing individual applications in each country.
• Centralized Management: Easily manage the applicant’s portfolio of registered industrial designs through a single system.
• Flexibility: The applicant can choose the countries in which you want to protect your industrial design.

Dossier of registration for protection of industrial designs under the Hague Agreement

A dossier for registration of an industrial design under the Hague Agreement includes the following documents:

• International Registration Declaration:
  • The applicant completes the application according to WIPO’s prescribed form in one of three languages: English, French or Spanish.
  • In the application, it is necessary to clearly specify the application for protection under the 1999 Document or the 1960 Document of the Hague Agreement.
  • List the countries in which the applicant wishes to protect his industrial design.
• Images or drawings of the industrial design: the image needs to clearly and fully show the perspectives of the industrial design that the applicant wants to register. The applicant also needs to pay attention to ensuring the quality of good and clear images or drawings.
• Documentation of payment of fees: The applicant notes that the international registration fee should be paid in accordance with WIPO regulations.

If you wish to file an application for industrial design registration, please contact Viet An Law for the most effective support.