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Federal Act
on the Protection of Designs
(Designs Act, DesA)

of 5 October 2001 (Status as of 1 July 2023)

Art. 34 Action for assignment

1 Any per­son who claims a great­er right to a design may bring an ac­tion for as­sign­ment of the design right against the right hold­er.

2 If the right hold­er is act­ing in good faith, the ac­tion must be brought against him or her with­in a peri­od of two years from pub­lic­a­tion of the design.

3 If the as­sign­ment is ordered, li­cences or oth­er rights gran­ted to third parties in the in­ter­ven­ing peri­od lapse; however, if they have used the design com­mer­cially in Switzer­land in good faith or have made spe­cial pre­par­a­tions to do so, these third parties are en­titled to be gran­ted a non-ex­clus­ive li­cence.

4 Any claims for dam­ages re­main re­served.