Any person who claims a greater right to a design may bring an action for assignment of the design right against the right holder.
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.
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.
Any claims for damages remain reserved.
0 commentaries
No commentaries are available for this article yet.