by Andrea Schittino | Oct 20, 2022 | Good to know
It is not sufficient to allege that a work has been used unlawfully and that this use threatens to cause serious financial loss or damage to the claimant’s reputation. The claimant needs to show the court that the facts and consequences they are claiming are plausible...
by Andrea Schittino | Oct 20, 2022 | Good to know
If there is a risk that the opposing party could be concealing counterfeit goods that it is suspected of possessing during a legal proceeding, the alleged injured party can request the court to seize the goods before a hearing.
by Andrea Schittino | Oct 20, 2022 | Good to know
Computer programs can also patented. Depending on the particular FOSS licence, patent rights are licensed as well.
by Andrea Schittino | Oct 20, 2022 | Good to know
The prohibition of technical measures relates primarily to DRM technologies (Digital rights management). DRM technologies restrict the use of a work, e.g. the distribution of a CD with copy protection that negates the right of reproduction, the right to distribute and...
by Andrea Schittino | Oct 20, 2022 | Good to know
Federal supervision of collecting societies aims to prevent them from abusing their power. It applies to remuneration rights in cases involving legal licences since these can only be exercised by the collecting societies (Art.13 para. 3, Art. 20 para. 4, Art. 24 para....
by Andrea Schittino | Oct 20, 2022 | Good to know
Deutsche Forschungsgemeinschaft DFG, Sicherung guter wissenschaftlicher Praxis, Denkschrift, supplements the 2013 edition Swiss National Science Foundation SNF, Wissenschaftliche Integrität
by Andrea Schittino | Oct 20, 2022 | Good to know
Plagiarism describes the ‘unauthorised adoption of third-party spiritual products; the theft of intellectual property’ (Fröhlich Gerhard, Wie rein ist die Wissenschaft? – Fälschung und Plagiat im rauen Wissenschaftsalltag, in Etzlstofer Hannes/Katzinger...
by Andrea Schittino | Oct 13, 2022 | Good to know
What is the permitted scope and the remuneration (Art. 20 CopA) of legal downloads, e.g. via iTunes (Art. 19 para. 3(a) CopA)? Downloading is an act of copying that is legally bound to the counter exceptions specified in Art. 19 para. 3 CopA if it is done outside of...
by Andrea Schittino | Oct 13, 2022 | Good to know
(Art. 19 para. 3(a) CopA)The term ‘commercially available’ originates from a pre-digital time when books and records were sold in bookshops and similar businesses and when it was not possible to purchase individual songs, articles or images over the Internet. Thus, a...
by Andrea Schittino | Oct 7, 2022 | Good to know
International law (Art. 9 para. 2 Berne Convention for the Protection of Literary and Artistic Works (Berne Convention), Art. 13 Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS), Art. 10 WIPO Copyright Treaty (WCT), Art. 16 para. 2 WIPO...
