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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
  5. 6.2.3 Action for handing over of profits
  • 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

6.2.3 Action for handing over of profits

Index FAQ

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.

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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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