Designs & Copyright
Araucaria advises Swiss and international companies, creative agencies, and professionals on design protection and copyright. We protect product appearance, including shape and packaging, as well as creative works, and advise on ownership, permitted uses, contracts, and enforcement.
What We Do
For designs, we advise on protecting product appearance, including shape, packaging, patterns, and other visual features. We handle Swiss design registrations, renewals, enforcement, overlap with trademarks and copyright, and international protection where needed.
For copyright, we advise on the protection, ownership, licensing, and use of creative works. We also advise on AI-related copyright issues, including protected works used in AI systems, AI-assisted outputs, permitted uses, licensing, and third-party rights.
Whom It Is For
Swiss and international businesses, communication and creative agencies, designers, artists, musicians, photographers, content creators, and other professionals who create, commission, use, or commercialize designs and creative works.
Frequently Asked Questions
What is the difference between a design and a trademark?
A design protects the appearance of a 2D or 3D creation, such as a label, pattern, logo, piece of furniture, jewelry, clothing, or packaging. A trademark protects a sign that distinguishes goods or services.
Can we protect a logo as a design?
Potentially, yes. A logo may qualify for design and trademark protection depending on its characteristics and use. We assess which right, or combination, is most appropriate.
When is design protection useful in addition to, or instead of, trademark protection?
The scope is different. Design protection targets appearance; trademark protection targets distinctive signs. The right choice depends on what you want to protect and how it will be used.
Do we need to register copyright in Switzerland?
No. Copyright arises automatically when a qualifying work is created. Evidence of creation, ownership, and contractual rights can still matter.
If we commission a logo, website, or other creative work from an agency, should copyright be transferred to us?
Yes. If the client intends to own and use the work freely, the agreement should expressly transfer the necessary copyright.
How does copyright apply to AI-generated or AI-assisted content?
It depends on the human creative input. We advise on protected works used in AI systems, AI-assisted outputs, ownership, licensing, permitted uses, and infringement risks.
Can you help if our design or creative work has been copied?
Yes. We assess the available rights and advise on enforcement, including correspondence, negotiations, takedowns, and further legal action where needed.
Get in touch to discuss the protection, use, or enforcement of your designs and creative works.