The Swiss Designs Act (DesA) stipulates both the requirements for protection (Art. 2 DesA) and the grounds for refusal (Art. 4 DesA) of a design.
In order to protect your design, it must be:
- not yet publicly known
- sufficiently distinctive from existing designs in key features.
Your design must not:
- be unlawful
- go against public morals
- be only comprised of features that are dictated solely by the technical function of the product.
We examine whether there are any grounds for refusal with the exception of the point on technical function; it is up to you, however, to check that your design meets the requirements for protection.
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