by Andrea Schittino | Oct 20, 2022 | FAQ
The criminal offences mentioned in Art. 67 Para. 1 CopA are prosecuted ex officio if they were committed for commercial gain (Art. 67 Para 2 CopA), i.e. as soon as the prosecuting authority becomes aware of the offence and without waiting for the injured party to file...
by Andrea Schittino | Oct 20, 2022 | FAQ
A person acts for commercial gain depending on “the time and resources he dedicates to the criminal actions, the frequency of the acts within a given period of time, his anticipated or actual income and whether he committed the illegal activity as his profession,...
by Andrea Schittino | Oct 20, 2022 | FAQ
It is in the offender’s interests to try to come to an agreement under civil law with the injured party so that the latter withdraws, or does not file a complaint against them. The objective is for the injured party, in exchange for monetary compensation, to...
by Andrea Schittino | Oct 20, 2022 | FAQ
If the offender commits the infringement for commercial gain, they will be prosecuted ex officio (Art. 67 Para. 2, Art. 69 Para. 2 and Art. 69a Para. 2 CopA). The penalty is a custodial sentence not exceeding one year or a monetary penalty. Acts are only punishable if...
by Andrea Schittino | Oct 20, 2022 | FAQ
The use of a protected work is illegal if the user is not the author of the work or an assignee of the copyright or if the use is not allowed by a limiting provision of the copyright or they do not have permission from the owner of the rights.
by Andrea Schittino | Oct 20, 2022 | FAQ
Yes, the owner of the rights can withdraw their complaint as long as the cantonal court of second instance has not issued its judgement (Art. 33 SCC). It is important to remember that, if the claimant withdraws a complaint against one of the defendants at a later...
by Andrea Schittino | Oct 20, 2022 | FAQ
If the infringement was committed by more than one person, the complaint can be filed against each individual. However, if the claimant brings a complaint against one single person, all other participants in the offence are included in this and they can be...
by Andrea Schittino | Oct 20, 2022 | FAQ
The right to file a complaint is subject to a time limit of three months (Art. 31 SCC) beginning from the date the owner of the rights became aware of the infringement. If the alleged offender cannot be identified, the claimant can file a complaint against an...
by Andrea Schittino | Oct 20, 2022 | FAQ
Actions against criminal offences are only ever brought following the complaint of the person whose rights have been infringed, which means if the injured party does not act, the infringement will not be prosecuted. The complainant also has the right to withdraw their...
by Andrea Schittino | Oct 20, 2022 | FAQ
It refers to the conduct of a person who has committed a copyright infringement whereby their intent to cause harm, whether directly or indirectly, is assumed. Direct intent describes the situation where the offender knows the consequences of their act will occur, and...
