A full report of this case has been published on Kluwer IP Law. The Supreme Court held that in order to decide whether there has been an infringement of the personality rights of an architect by modifications to his work, it is necessary to establish the degree of intensity of relationship between the architect and…

The court held that the applicable law is determined by the lex loci protectionis (Schutzlandprinzip), therefore the question of authorship in Switzerland is determined by the Swiss “creator’s principle”, not the British principle of “work for hire“.  Where it is claimed that there has been a parallel creation, inspired by elements in the public domain…

The document delivery service of ETH Zurich (scanning individual articles and sending them by email to the users) is covered by the exception for private use (Art. 19 CopA), as a person entitled to make copies of a work for private use (Art. 19 al. 1 CopA) may also have them made by libraries and…

In a battle between the Zurich Eidgenössischen Technischen Hochschule (ETH) and three publishers (Elsevier, Springer, Thieme), the Zurich Commercial Court, in its decision of 7 April 2014, prohibited the library from providing a document delivery service (scanning and sending journal articles by email to the users). The Supreme Court reversed this ruling, in its decision…

The Swiss working group on Copyright (AGUR12) released his report on December 2013 related to management of rights at the digital age. This should lead to a legal basis for a notice and takedown procedure and thus reduce the supply of illegal content, while downloading from illegal sources should remain legal. The original mandate goes…

“The report reflects the general tendency of Swiss legislative authorities to avoid legislative process and to favor a flexible approach of existing regulations.” The Swiss Federal Council reported a few weeks ago, in response to a postulate referred by the National Council in 2011 related to the legal situation of social media, that Social networks…