by Andrea Schittino | Oct 20, 2022 | FAQ
In order to ensure that the court order is properly implemented as soon as possible, the best course of action is to request that a threat of enforcement is issued with the verdict based on Art. 292 SCC, which stipulates that a criminal penalty may be enforced if...
by Andrea Schittino | Oct 20, 2022 | FAQ
The request to the court must be as precise as possible with regard to the situation described and the conclusions drawn (cf. BGE 97 II 92). For example, it can request the court to prohibit or remedy an illegal act or force the defendant to respect the authorship of...
by Andrea Schittino | Oct 20, 2022 | FAQ
The accomplice is the person who performs and responds to the instigator’s request. The accomplice here, for example, would be the university webmaster who publishes an entire book scanned by the professor on the university website at the latter’s request.
by Andrea Schittino | Oct 20, 2022 | FAQ
The instigator is the person who asks for the creation of the work or places the work on the market, which infringes the copyright. For example, this might be a professor who asks the university webmaster to publish an entire, scanned book on a website to share it...
by Andrea Schittino | Oct 20, 2022 | FAQ
The action is brought against anyone who participated in the infringement, i.e. the main person(s) responsible for the illegal act and any instigators and accomplices.
by Andrea Schittino | Oct 20, 2022 | FAQ
If the copyright belongs to more than one person, each joint author may take legal action independently for infringements but may only ask for relief if it benefits all the other joint authors (Art. 7 Para. 3 CopA).
by Andrea Schittino | Oct 20, 2022 | FAQ
The copyright owner cannot exercise any rights other than those granted by the author. For example, if the author grants an editor the copyright to a document on a non-exclusive basis for the sole purpose of publishing the work as an article in a printed magazine,...
by Andrea Schittino | Oct 20, 2022 | FAQ
Any natural or legal owner of the copyrights in question. Therefore, this may be the author but also any third-party assignees of the copyright, in particular collective rights assignment organisations which have been granted certain rights.
by Andrea Schittino | Oct 20, 2022 | To consider
If the copyright belongs to more than one person, each joint author may take legal action independently for infringements of this copyright but may only ask for relief if it benefits all the other joint authors (Art. 7 Para. 3 CopA).
by Andrea Schittino | Oct 20, 2022 | FAQ
A request for information (Art. 62 para. 1 (c) CopA) can be made whenever it becomes necessary for the claimant’s defence to establish the infringement of his rights or the scope of the infringement, or in order to calculate the damage caused.
