by marazzas | Sep 5, 2023 | To consider
According to the Swiss National Science Foundation (SNSF) regulations (Funding Regulations, General Implementation Regulations for the Funding Regulations, Regulations on the Funding of Open Access Publications), funding of research projects by the SNSF is subject to...
by marazzas | Sep 5, 2023 | To consider
The agreement between a publisher and author involves copyright management, with options including full transfer of rights to the publisher, an exclusive license limiting the author’s rights, or a non-exclusive license allowing immediate republication. The...
by marazzas | Sep 5, 2023 | To consider
Especially check the defined embargo period, if a version of re-publication is mentioned and which governing law applies.
by marazzas | Aug 8, 2023 | To consider
With regard to the publisher’s principle of exclusivity, authors must consider the following aspects in particular: 1. Do I wish to assign my copyrights to the publishing house, and if yes, which rights and to what extent? When copyrights are assigned, the...
by Andrea Schittino | Oct 20, 2022 | To consider
In order to respect the principle of proportionality and, in particular, the rights of the owner of the building in cases involving works of architecture, once created, the works cannot be forfeited. This means that if a copyright infringement is suspected with regard...
by Andrea Schittino | Oct 20, 2022 | To consider
Unlike civil actions in copyright disputes, where an offender who has committed copyright infringement can be held liable for a negligent act. Criminal offences in copyright are only punishable if they were committed wilfully. But dolus eventualis is sufficient. For...
by Andrea Schittino | Oct 20, 2022 | To consider
The court notifies the IPI (Swiss Federal Institute of Intellectual Property) of the judgement free of charge. It does this ex officio and it is thus mandatory (Art. 66a CopA). The aim is to create an IPI information centre containing material relating to case law in...
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 | 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...
