6.2.3 Action for handing over of profits

Action for handing over of profits (Art. 62 Para. 2 CopA in conjunction with Art. 419 et seq. SCO, agency without authority) allows the owner of the rights (in the case of a copyright infringement of the author) to have the court order the defendant (the person that infringed the copyright) to pay restitution of the profits or any benefits that the latter was able to receive as a result of their infringement minus the expenses that they have incurred (BGE 134 Para. 3 306 c.4.1.4). The concept of agency without authority can be interpreted broadly, i.e. any unlawful intervention in the legal matters of others as covered in Art. 423 SCO.

For example, an order to hand over profits may be issued to someone who unlawfully sells subscriptions and equipment for the unauthorised decoding of encoded programmes and collects the revenue from the sales for their own gain at the expense of the television channel.