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

¹ A right hold­er whose right has been in­fringed or threatened may re­quest the court:

a.

to pro­hib­it an im­min­ent in­fringe­ment;

b.

to rem­edy an ex­ist­ing in­fringe­ment;

c.

to re­quire the de­fend­ant to provide in­form­a­tion on the ori­gin and ex­tent of un­law­fully man­u­fac­tured items in his pos­ses­sion and to name the re­cip­i­ents and dis­close the ex­tent of any dis­tri­bu­tion to com­mer­cial cus­tom­ers.

² Ac­tions brought un­der the Code of Ob­lig­a­tions¹⁶ for dam­ages, sat­is­fac­tion and hand­ing over of profits in ac­cord­ance with the pro­vi­sions con­cern­ing agency without au­thor­ity re­main re­served.

³ An ac­tion for per­form­ance may be in­sti­tuted only after the design has been entered in the Re­gister. Claims for dam­ages may be made ret­ro­act­ively from the time at which the de­fend­ing party ob­tained know­ledge of the con­tent of the ap­plic­a­tion for re­gis­tra­tion.

⁴ Any per­son who holds an ex­clus­ive li­cence is en­titled to bring a sep­ar­ate ac­tion ir­re­spect­ive of the re­gis­tra­tion of the li­cence in the Re­gister un­less this is ex­pressly ex­cluded in the li­cence agree­ment. Any li­censees may join an in­fringe­ment ac­tion in or­der to claim their own dam­ages.