Friday, February 27, 2009

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copyright in Switzerland


The following entry will deal with the protection of intellectual property in accordance with Swiss law.
A good overview on the topic can be found on the side of the Intellectual Property Institute .

The principal law relating to intellectual property is the Copyright Act, short URG. This law defined in Article 2 of the first known work, which is protected. This work must be an intellectual creation of literature or art, which has an individual character. It follows then in Article 2, paragraph 2, a detailed list of such works.

In Article 6 URG is noted that the author is the natural person who created the work. One is thus also the author when the work on behalf of another person or as an employee of a company creates, although in this case depending on the exploitation rights transfer agreement the customer.
stands in Articles 9 and 10 of the Act that the author has the right to recognition of authorship and that he has the exclusive right to determine whether, when and how the work may be used.

Through this article therefore, the protection of intellectual property in Switzerland set out in principle. Of course there are limitations and exceptions to these strict rules.
Probably the most important limitation is referred to in Article 25 of the Copyright Law. It states that published works may be quoted if the quote to illustrate, as an indication or serves to illustrate the scope and if the quote is justified by that purpose. The quote and the source need to be called. This approach is also understood in the scientific work, but it's nice to know that such work is legal.
is a derogation from the legal protection is in the use of copyright works on a personal level, friends and in school Area. Article 19 of Copyright Law allows the use of protected works in these areas without requiring compensation to be paid.

Another exception of article 5 of the LDA, for instance cited here extensively copyright law because all laws and official publications are not protected as it should be as widespread.

is interesting that in Switzerland, in contrast to other countries, protection of intellectual property rights are not applied for. be an intellectual creation, which is covered by the CRA, it need not be provided with a character like ©.

information on the International Protection of Intellectual Property can be found on the website of the World Intellectual Property Organization .

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