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  1. English
  2. Copyright
  3. 6. AND... responsibility and sanctions?
  4. 6.2 Civil actions according to the Swiss Code of Obligations
  • 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
  • 6. AND... responsibility and sanctions?
    • 6.1 Civil actions according to the CopA
    • 6.2 Civil actions according to the Swiss Code of Obligations
      • 6.2.1 Action for damages
      • 6.2.2 Action for compensation of non-material damages
      • 6.2.3 Action for handing over of profits
    • 6.3 Preliminary measures in civil law
    • 6.4 Publication and notification of judgements
    • 6.5 Criminal actions
  • 7. Copyright and social media

6.2 Civil actions according to the Swiss Code of Obligations

Index

Actions according to the Swiss Code of Obligations (in addition to action for copyright infringement) are:

  • Action for damages (Art. 41 SCO)
  • Action for satisfaction (Art. 49 SCO)
  • Action for handing over of profits (Art. 62 Para. 2 CopA)

Unlike actions for prohibiting (Art. 62 Para. 1 (a) CopA), remedying an existing infringement (Art. 62 Para. 1 (b) CopA) and providing information (Art. 62 Para. 1 (c) CopA), which, in terms of time limits, can be brought at any time, actions for damages must always be brought within a time limit and, moreover, assume that the defendant is at fault. These conditions also apply if the defendant is an accomplice or instigator. The time limit for these actions is one year from the date on which the injured party became aware of the loss or damage and of the identity of the person liable for it, but in any event ten years after the date on which the loss or damage was caused (Art. 60 SCO).


If the action for damages refers to an offence for which criminal law envisages a longer limitation period, that longer period also applies to the civil law claim (Art. 60 Para 2 SCO).


If the copyright infringement is within the scope of a contractual relationship (e.g. a publishing agreement) and the claimant can also demonstrate that the obligations under an agreement between the parties have been breached, the time limit is also ten years (Art. 127 SCO).

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CCdigitallaw is a national Competence Center in Digital Law that supports Swiss Higher Education Institutions (students, academic and administrative staff) in dealing with legal questions related to the digitization process and the use of new media and technologies. To do so, the Center offers various services such as a detailed knowledge base, FAQs, a wide range of on- and offline training activities and an advising service.

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CCdigitallaw has been created through a project funded by swissuniversities. The center is the result of a collaboration between the Università della Svizzera italiana (USI), University of Basel (UNIBAS), University of Neuchâtel (UNINE), University of Geneva (UNIGE), and the Conference of Swiss Libraries (CBU-KUB).

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  • e-mail: info@ccdigitallaw.ch
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