- Basics of Copyright
- 1. WHERE... is the work used and which national law is applicable?
- 2. WHAT... is a protected work?
- 3. WHO... owns the copyright in the work?
- 4. WHICH... rights in the work are protected?
- 5. HOW... may other people use a work?
- 5b. HOW ... can other people use a work? - Contractual licenses
- 7. Copyright and social media
6.1.3 Forfeiture of unlawfully manufactured goods
If, based on one of the actions brought by the claimant, the court decides that the disputed goods infringed the copyright, it can order their forfeiture and sale or destruction (Art. 63 CopA) as well as the forfeiture and sale or destruction of any material used to produce the counterfeit goods.
For example, this may include printing materials or a computer hard drive containing illegal electronic files. However, this measure does not apply to works of architecture that have already been constructed (Art. 63 Para. 2 and Art. 72 CopA). The destruction of works of architecture that have already been constructed is considered to be a disproportionate measure (cf. BGE 4A_341/2008).