In a copyright dispute, the court may order, at the request of the successful party, that the judgement be published at the expense of the opposing party. The court determines the form and extent of the publication (Art. 66 CopA). This right can be granted in whole or in part to the successful party, which may be either the claimant or the defendant.
This measure must be specially requested as the court will not publish the judgement ex officio.
The court determines the extent of the publication, paying particular attention to the principle of proportionality.
The publication of the judgement can be requested in all media formats or with the publication of the work itself as additional information.
The publication usually only contains the judgement and particularly the conclusions.
In view of the negative impact on the offender’s reputation when the decision is published, publication must be restricted to what is ordered in the judgement. The losing party is not automatically ordered to pay the publication costs but they may be required to pay them as part of the compensation owed to the opposing party. Therefore, the claimant must anticipate this.