Commentaries: Art. 41

On complaint from the right holder, any person who wilfully infringes the design right of another is liable to a custodial sentence not exceeding one year or a monetary penalty if he:¹
1. unlawfully uses the design;
2. participates in, encourages or facilitates such unauthorised use;
3. refuses to provide the competent authority with 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.
If the offender acts for commercial gain, he shall be prosecutedex officio . The penalty is a custodial sentence not exceeding five years or a monetary penalty. …²³

Amended by Annex No 4 of the FA of 22 June 2007, in force since 1 July. 2008 (AS 2008 2551;BBl 2006 1). ↩
Third sentence repealed by No I 7 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, with effect from 1 July 2023 (AS 2023 259;BBl 2018 2827). ↩
Amended by Annex No 4 of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551;BBl 2006 1). ↩

Art. 41