As the owner of a registered design, you can exclude others from using it. This means third parties are not allowed to sell, manufacture or import your design into Switzerland. However, you are responsible for ensuring this doesn’t happen. Therefore, observe the market and in particular your competitors and their products. Remember, design rights are often infringed unintentionally.

Is someone benefiting from your design without your permission? Act judiciously in such cases. Carefully document the unlawful act and involve a specialist as soon as possible to help you analyse the situation. Often, all that’s needed is a warning letter to the offender. In the letter, indicate the offence concerning your design in a factual manner. Present the legal situation and the consequences should the transgression continue. Try to settle the matter out of court – it is quicker and less expensive than legal proceedings. If this approach isn’t successful, you can bring a civil claim or a criminal complaint for design infringement before the court.

As a rights holder, you can apply for assistance from the Federal Office for Customs and Border Security (FOCBS). For a fee, customs officials will then inspect postal items and travellers' luggage and can detain goods suspected of being counterfeit.

You can find more information about counterfeiting and piracy on our website.