by Andrea Schittino | Oct 20, 2022 | Good to know
It is not sufficient to allege that a work has been used unlawfully and that this use threatens to cause serious financial loss or damage to the claimant’s reputation. The claimant needs to show the court that the facts and consequences they are claiming are plausible...
by Andrea Schittino | Oct 20, 2022 | Good to know
If there is a risk that the opposing party could be concealing counterfeit goods that it is suspected of possessing during a legal proceeding, the alleged injured party can request the court to seize the goods before a hearing.
by Andrea Schittino | Oct 20, 2022 | To consider
If the sole concern is to preserve the financial entitlements of the claimant before court proceedings rather than to prevent the alleged illegal use of a work by ordering a prohibition or remedy, the judge can order the opposing party to provide appropriate security...
by Andrea Schittino | Oct 20, 2022 | FAQ
Any act which infringes the exclusive rights of the copyright owner is illegal if it has not been authorised or is not a limiting provision to copyright. Therefore, this infringement must be caused with culpability, which is expressed in negligent or wilful...
by Andrea Schittino | Oct 20, 2022 | FAQ
The claimant must fulfil the conditions required by Art. 41 SCO. In particular, they must prove the existence of the damage caused by unlawful and culpable conduct, and there must be causal connection between said damage and culpable conduct.
by Andrea Schittino | Oct 20, 2022 | FAQ
Yes, disseminating (renting out) DVDs before a new film has been released or while it is being played in cinemas for the first time is not admissible (infringement of Art. 12 Para. 1bis CopA). This constitutes unlawful and culpable conduct. The damage suffered due to...
by Andrea Schittino | Oct 20, 2022 | To consider
The amount of damage will ruled by the judge in the event of an action for damages. Therefore, the judge considers the extent to which there has been a loss as well as the circumstances that also made the claimant responsible. In this case, according to Art. 43...
by Andrea Schittino | Oct 20, 2022 | To consider
If a work is used in good faith that there is no copyright protection, the liability of the user is in question. E.g. If there any reference to an existing copyright or to an alleged claim from an alleged copyright holder, that is not sufficient to establish that a...
by Andrea Schittino | Oct 20, 2022 | FAQ
The person asking the court to remedy the infringement of their copyright (Art. 62 Para. 1 (b) CopA) can request that compensation be awarded for all the damages they have suffered as a result of the violation (Art. 41 et. seq. SCO).
by Andrea Schittino | Oct 20, 2022 | FAQ
In addition to actions for prohibition (Art. 62 Para. 1 (a) CopA), remedying an existing infringement (Art. 62 Para. 1 (b) CopA) and for providing information (Art. 62 Para. 1 (c) CopA), which aim to limit/remedy the infringement, the following actions also aim to...
