by Andrea Schittino | Oct 20, 2022 | FAQ
There is a distinction between court proceedings and summary proceedings, especially when it comes to preliminary measures. In court proceedings, the claimant must provide conclusive evidence of their rights. With preliminary measures in summary proceedings, the...
by Andrea Schittino | Oct 20, 2022 | FAQ
The preliminary measures must be subject to a prior hearing with the opposing party. However, in cases of special urgency, and in particular where there is a risk that the enforcement of the measure will be frustrated, the court may order the interim measure...
by Andrea Schittino | Oct 20, 2022 | FAQ
The subject of a preliminary request can be: the seizure of copies of the work in question;an expert inspection;the request to draw up an inventory;the collection of information to establish the origin, quantity and recipients of the disputed goods;the prohibition of...
by Andrea Schittino | Oct 20, 2022 | FAQ
Preliminary measures in civil law (Art. 65 CopA) will provide the claimant with interim protection in a legal action until a final decision is made. The law has set out preliminary measures which can be requested before the main court proceedings to establish an...
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 | 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...
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...
