Design protection - often underestimated in the past, but nowadays highly relevant
"Design is an art which arises primarily as a result of competition. To similar products it lends the nimbus of distinctiveness."
(Roger Willemsen)
While design protection was always highly important in the jewellery, fashion and textile industries, many technology firms used to treat it as the poor relation. Recently, however, industrial design of consumer goods in particular has even made it into the newspapers because of the disputes in connection with the iPhone® and iPad®.
This category of IP protection thoroughly deserves all the publicity that it has been getting!
Basics
What can be protected by a design?
A design can protect the outward appearance of a product. This can be either a two-dimensional structure or a three-dimensional object. However, the form must not be determined solely by the technical function.
What requirements must be met?
A design must meet the following requirements in order to be eligible for protection:
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It must be novel.
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It must have individual character, that is it must be different from the overall impression of previously known designs by more than mere insignificant features.
What is the process?
The application procedure for a design right in Switzerland is simple and quick. There is initially no substantive examination as to whether the requirements for protection are met. However, third parties may challenge the eligibility for protection in court at any time.
An international registration by means of just one single application is possible for a large number of countries.
A uniform property right for all Member States of the EU, which is not yet available for patents, has long been established in the case of designs.
The period of design protection differs according to the country. The maximum period of protection is between 15 and 25 years in most countries.
Und die Kosten?
The total costs for the registration of a design in Switzerland are mostly in the region of about CHF 1,300 to 1,500.
The registration of a design for Switzerland, Liechtenstein and the EU, which we can undertake via the international application procedure, generally costs about CHF 1,700 to 2,000. The costs increase if further countries are to be covered.
The costs indicated are guideline figures. Please contact us for a detailed estimate of costs.
Do you have any more questions?
Please look in the FAQs or contact us.
And now to the practice
It is a long time since designs were the sole preserve of the jewellery, fashion and textile sectors. Today, well-designed consumer goods, and even occasionally their packaging, can also achieve the status of design icons. Even large-scale machines now often do not simply look like machines, but are designed or covered in an aesthetically pleasing form.
Designing an attractive product may entail increased expense. But today, both B2B customers and consumers generally do not just expect a product to work well, but also to look good. In addition, a well-designed outward appearance can decisively improve the recognition value – which in turn is ultimately good for sales. This is: