¹ By work, whatever the value or destination, we mean any creation of the spirit, literary or artistic, which has an individual character.

² These include creations of the mind:

A.

Works using the language, whether literary, scientific or otherwise;

B.

Musical works and other acoustic works;

C.

Works of art, in particular paintings, sculptures and graphic works;

D.

Works with scientific or technical content, such as drawings, plans, maps, or sculpted or sculpted works;

E.

Architectural works;

F.

Works of applied art;

G.

Photographic, cinematographic and other visual or audiovisual works;

H.

Choreographic works and pantomimes.

³ Computer programs (software) are also considered works.

⁴ Projects, titles and parts of works are considered to be creations of the mind which have an individual character.

¹ Derivative work means any creation of the mind which has an individual character, but which has been conceived from one or more pre-existing works identifiable in their individual character.

² This includes works derived from translations and audiovisual or other adaptations.

³ Derivative works are protected for themselves.

⁴ Protection of pre-existing works is reserved.

¹ Collections are protected for themselves, if they constitute creations of the mind which have an individual character because of the choice or arrangement of their contents.

² The protection of the works collected in the collections is reserved.

¹ Not protected by copyright:

A.

Laws, ordinances, international agreements and other official acts;

B.

Means of payment;

C.

Decisions, minutes and reports issued by the authorities or public authorities;

D.

Patent specifications and patent application publications.

² Nor shall they be protected, collections and translations, either official or required by law, of the works referred to in para. 1.

The author refers to the natural person who created the work.

¹ When several people have contributed as authors to the creation of a work, the copyright belongs to them in common.

² Unless otherwise agreed, joint authors may use the work only by mutual consent; none of them may refuse their consent for reasons contrary to the rules of good faith.

³ In the case of copyright infringement, each of the co-authors is entitled to take action; however, they can only do so on behalf of all.

⁴ If the respective contributions of the authors may be disjoinable, each author may, unless otherwise agreed, use his or her contribution separately, provided that the exploitation of the joint work is not affected.

¹ Until proof to the contrary, the person designated as the author by his or her name, pseudonym or distinctive sign on the copies of the work, or at the disclosure of the work, shall be presumed to be the author.

² As long as the author is not named by his or her name, a pseudonym or a distinctive sign, the person who has made the work may exercise copyright. If that person is not appointed, the person who disclosed the work may exercise that right.

¹ Copyright shall be assignable and transferable by succession.

² Unless otherwise agreed, the transfer of one of the rights deriving from copyright does not imply the transfer of other partial rights.

³ The transfer of ownership of a work, be it the original or a copy, does not imply that of copyright.

The employer alone is entitled to exercise exclusive rights of use on the software created by the worker in the course of his or her activity in the service of the employer and in accordance with his contractual obligations.

The rights listed in art are subject to the enforcement procedure. 10, para. 2 and 3, and art. 11, if the author has already exercised them and if the work has already been disclosed with the authorization of the author.

¹ Private use of a disclosed work is permitted. Private use means:

A.

Any use for personal use or in a circle of closely related persons, such as relatives or friends;

B.

Any use of works by a master and his students for educational purposes;

C.

The reproduction of copies of works within enterprises, public administrations, institutions, commissions and the like, for purposes of internal information or documentation.

² The person who is authorized to make reproductions for his or her private use may also, subject to para. 3, to charge a third party; are also considered to be third parties within the meaning of this paragraph libraries, other public institutions and undertakings which make available to their users an apparatus for the manufacture of Copies. ¹

³ Not permitted outside the circle of persons closely related within the meaning of para. 1, let. A: ²

A.

The reproduction of all or substantially all copies of works available on the market;

B.

Reproduction of works by the in-laws;

C.

The reproduction of musical scores;

D.

The recording of performances of a work in phonograms, videograms or other data carriers.

^3bis The reproductions made during the consultation at the request of works lawfully made available shall not be subject to the restrictions provided for in this Article, nor to the remuneration rights referred to in Art. 20. ³

⁴ This article does not apply to software.

¹ The use of the work for personal purposes within the meaning of s. 19, para. 1, let. A, does not qualify for remuneration, subject to para. 3.

² A person who, for his or her private use within the meaning of s. 19, para. 1, let. B or c, reproduces works in any manner for itself or on behalf of a third party under s. 19, para. 2, is required to pay compensation to the author.

³ Producers and importers of blank cassettes and other media suitable for the registration of works are required to pay remuneration to the author for the use of the work within the meaning of s. 19. ¹

⁴ The remuneration rights shall be exercised only by approved management companies.

¹ The person authorized to use software can obtain, through the decryption of the program code, information about interfaces with programs developed independently. It can operate itself or mandate a third party.

² Information on interfaces obtained by decrypting the code of the program can only be used to develop, maintain and use interoperable software, provided that such use does not affect the operation Of the program or cause undue hardship to the legitimate interests of the person entitled to the program.

¹ The right to have or hear simultaneously and without modification or to retransmit works broadcast during the retransmission of a programme of emission may be exercised only by the approved management societies.

² It is permissible to retransmit works by means of technical installations which are intended for a small number of users; such is the case of installations that serve a multi-family building or a residential complex.

³ This Article shall not apply to the retransmission of programmes of television subscription or programmes which cannot be received in Switzerland.

¹ Subject to para. 3, the following rights in the productions of the archives of broadcasting organizations under the Federal Act of March 24, 2006 on Radio and Television ² May be exercised only by approved management companies:

A.

The right to disseminate the production of archives without modification, in its entirety or in the form of extraitor;

B.

The right to make available the production of archives without modification, in its entirety or in the form of an extract, so that everyone can have access to them from the place and at a time individually chosen by them;

C.

The reproduction rights necessary for use according to the let. A and b.

² The production of an archive of a broadcasting organization means a work fixed in a phonogram or videogram which has been produced either by the broadcasting organization itself, under its own editorial responsibility and with its own means, At his expense by third parties to whom he himself has placed an order, and whose first broadcast goes back to at least ten years. If an archival production includes other works or parts of works, para. 1 also applies to the exercise of rights in those other works or parts of works insofar as they do not substantially determine the specific character of the production of archives.

³ In the presence of a contractual agreement entered into before the first broadcast or within the ten years that followed it and relating to the rights referred to in para. 1 and their compensation, only the contractual provisions are applicable. L' al. 1 does not apply to the rights of broadcasting organizations within the meaning of s. 37. At the request of the management company, the broadcasting organisations and the third parties entitled shall be required to inform the latter about the contractual agreements.

¹ The rights necessary for the exploitation of phonograms or videograms shall be exercised only by an approved management company, provided that:

A.

Exploitation refers to stocks of archives accessible to the public and to the archives of the broadcasting organizations;

B.

Rights holders are unknown or cannot be located;

C.

Phonograms or videograms intended for exploitation have been produced or reproduced in Switzerland and at least ten years have elapsed since their production or reproduction.

² Users are required to notify the collecting societies of phonograms or videograms containing orphan works.

¹ The right to make available, in connection with the broadcast of radio or television broadcasts, non-theatrical musical works contained in such broadcasts may be exercised only by an approved management company where the conditions Are filled in:

A.

The broadcast is mostly produced by the broadcasters themselves or at their request;

B.

The show is devoted to a non-musical theme that dominates the musical aspect and was announced before the broadcast in the usual way;

C. ²

The provision is not detrimental to the online offer by third parties, nor to the sale of music recordings.

² Only an approved management company may exercise the right to reproduction for the purpose of making available where the conditions of para. 1 are completed.

¹ Where a musical work, with or without text, is registered in Switzerland or abroad in a phonogram and, in that form and with the authorization of the author, is proposed to the public, disposed of or otherwise put into effect Movement, any producer of phonograms having an industrial establishment in Switzerland may require the owner of the copyright, against remuneration, for the same authorization for Switzerland.

² The Federal Council may waive the requirement to have an industrial establishment in Switzerland for nationals of countries who grant reciprocity.

¹ To ensure the preservation of a work, it is lawful to make a copy of it. The original or the copy will be deposited in archives not accessible to the public and designated as an archival copy.

^1bis Libraries, educational institutions, museums and archives accessible to the public are authorized to make copies of copies of works that are necessary for the preservation and preservation of their collections, to Condition that they do not pursue any economic or commercial purposes with this activity. ¹

² The person who has the right to use a software may make a backup copy of it; it cannot be waived by contract.

The provisional reproduction of a work is authorized under the following conditions:

A.

It is transient or incidental;

B.

It constitutes an integral and essential part of a technical process;

C.

Its sole purpose is to enable a transmission in a network between third parties through a lawful intermediary or use of the work;

D.

It has no independent economic significance.

¹ If phonograms or videograms available on the market are used for dissemination by broadcasting organizations subject to the Federal Act of 24 March 2006 on radio and television ² , the reproduction right in non-theatrical musical works can only be exercised by an approved management company.

² Reproductions made in accordance with para. 1 shall not be alienated or otherwise put into circulation; the broadcasting organizations shall make them by their own means. They must be destroyed as soon as they have fulfilled their purpose. Art. 11 is reserved.

¹ If the form in which a work is published does not permit or makes it difficult to perceive the work by persons with sensory impairments, it is permissible to reproduce the work in a form that makes it accessible to them.

² These copies of the work can only be made and circulated for use by persons with sensory impairments and without the pursuit of a profit motive.

³ The author shall be entitled to remuneration for the reproduction and circulation of his work in a form accessible to persons with sensory disabilities, except in cases where only isolated copies are made.

⁴ The right to remuneration may only be exercised by an approved management company.

¹ Quotes from disclosed works are permissible insofar as they serve as commentary, reference or demonstration, and as long as their use justifies the extent of the quotations.

² The quotation must be indicated; the source and, as long as it is designated, the author must be mentioned.

In catalogues published by the administration of a collection accessible to the public, it is permissible to reproduce works in this collection; this rule also applies to the edition of exhibition and sales catalogues. Auction.

¹ It is permissible to reproduce works which are permanently on a track or place accessible to the public; reproductions may be offered to the public, alienated, broadcast or otherwise circulated.

² These works shall not be reproduced in three dimensions; the reproductions shall not be capable of being used for the same purposes as the originals.

¹ For the purposes of current account, it is lawful to record, reproduce, present, issue and put into circulation or, in any other way, to have the works seen or heard heard or heard at the event Presented.

² For the purpose of information on topical issues, it is permissible to reproduce, put into circulation, broadcast or retransmit short excerpts from press articles and radio or television reports; the extract must be The source and, as long as it is designated, the author, must be mentioned.

¹ The work, whether fixed on a physical medium or not, is protected by copyright from its inception.

² The protection ends:

A.

For software, 50 years after the author's death;

B.

For all other works, 70 years after the death of the author.

³ The protection ceases if it is necessary to admit that the author has died for more than 50 or 70 years, respectively. ¹

¹ If the work was created by more than one person (art. 7), the protection ends:

A.

For software, 50 years after the death of the last surviving co-author; ¹

B.

For all other works, 70 years after the death of the last surviving co-author. ²

² If the respective contributions may be disjoinable, the protection of each of them shall end 50 or 70 years after the death of the author. ³

³ In order to calculate the duration of protection for films and other audiovisual works, only the date of death of the director is taken into account.

¹ When the author is unknown, the protection of the work shall expire 70 years after it has been disclosed or, if it has been disclosed by delivery, 70 years after the last delivery.

² Where the identity of the author is made public before the expiry of the period mentioned above, the protection of the work shall end:

A.

For software, 50 years after the author's death; ¹

B.

For all other works, 70 years after the death of the author. ²

The period of protection starts on 31 December of the year in which the decisive event occurred.

¹ The following are subject to the supervision of the Confederation:

A.

The management of the exclusive rights to perform and broadcast non-theatrical musical works, as well as the making of phonograms or videograms of such works;

A ^Bis . ¹

The exercise of the exclusive rights under s. 22, 22 A To 22 C , and 24 B ;

B. ²

The exercise of the remuneration rights provided for in s. 13, 20, 24 C And 35.

² The Federal Council may submit to the supervision of the Confederation other management areas, if the public interest so requires.

³ Management of exclusive rights within the meaning of para. 1, let. A, by the author himself or his heirs, is not subject to the supervision of the Confederation. ³

The person managing rights subject to the supervision of the Confederation must hold an authorization from the Federal Institute of Intellectual Property (IPI) ¹ .

¹ Authorisations shall be granted only to collective societies:

A.

Have been established under Swiss law and have their headquarters and management in Switzerland;

B.

Whose main purpose is the management of copyright or neighboring rights;

C.

Accessible to all holders of such rights;

D.

Give authors and performers an appropriate right of participation in the decisions of society;

E.

Which offer, in particular by their statutes, any guarantee as to compliance with the legal provisions;

F.

Of which effective and economical management can be expected.

² As a general rule, authorization will be granted only to a company by category of works and to a company for neighboring rights.

¹ The authorisation shall be granted for five years; at the end of each period, it may be renewed for the same period.

² The granting, renewal, modification, revocation and non-renewal of an authorisation shall be published.

In the case of rights holders, management companies are required to exercise the rights in their field of activity.

¹ The management societies administer their affairs according to the rules of sound and economic management.

² They are required to perform their duties according to specified rules and according to the principle of equal treatment.

³ They must not be for profit.

⁴ They shall, to the extent possible, enter into reciprocity contracts with foreign management companies.

¹ The collecting societies shall set tariffs for the recovery of remuneration.

² They negotiate each tariff with representative associations of users.

³ They subject tariffs to the approval of the Federal Arbitration Board (s. 55) and publish those that are approved.

¹ If several collective societies carry out their activities in the same field of use of works or performances of performers (benefits), they shall establish on uniform principles one and the same rate for each mode Of use and designate one of them as a common collection body.

² The Federal Council may issue additional provisions for the resolution of their cooperation.

¹ Management companies are required to establish a regulation for the allocation of the management product and to submit it for approval by the supervisory authority (Art. 52, para. 1).

² The assignment of a share of the product of management for the purpose of social welfare and the encouragement of cultural activities requires the approval of the supreme body of society.

¹ Corporations must allocate the proceeds of their management in proportion to the performance of each work and performance. They must undertake whatever can reasonably be expected of them in order to identify the entitled persons.

² If this allocation results in excessive fees, management companies can assess performance resulting from the use of works or benefits; assessments must be based on controllable and appropriate criteria.

³ The product of the management must be divided between the original owner and the other successors in title in such a way that a fair share is generally returned to the author and the performer. A further allocation may be made where it appears that the costs would be excessive.

⁴ The contractual agreements that the incumbent of the rights have entered into with third parties take precedence over the allocation regulation.

The management companies are required to provide all relevant information to the supervisory authority and to make available all necessary documents; in addition, they submit a report on the past year to the supervisory authority each year.

¹ To the extent reasonably required of them, the users of works must provide the management companies with all the information they need to set the tariffs, apply them and distribute the proceeds of their management.

² Management companies are required to safeguard the secrecy of the business.

In order to bring an action for the recognition of a right or legal report under this Law, any person who demonstrates that it has a legitimate interest in such a finding.

¹ A person who is or is likely to suffer a violation of his or her copyright or a neighboring right may ask the judge to:

A.

Prohibit it, if it is imminent;

B.

To stop it, if it still lasts;

C. ¹

To require the defendant to indicate the origin and quantity of the objects made or put into circulation in an unlawful manner which are in its possession, and the addressees and the quantity of the objects which have been given to them Commercial buyers.

^1bis A copyright or a neighboring right is threatened within the meaning of para. 1 in particular where an act referred to in s. 39 A , para. 1 and 3, and 39 C , para. 1 and 3, is committed. ²

² Actions taken under the code of obligations are reserved ³ Which tend to pay damages, compensation for the moral damage, and the remission of the gain in accordance with the provisions on business management.

³ The person who has an exclusive license may itself bring the action as long as the license contract does not explicitly exclude it. All licensees may join an infringement action in order to claim their own damage. ⁴

¹ The judge may order the confiscation with the execution or destruction of the objects unlawfully manufactured, or of the instruments, tools and other means intended primarily for their manufacture. ¹

² The works of architecture already carried out are excepted.

Any person who requests provisional measures may in particular require the judge to order them for one of the following purposes:

A.

Ensure the retention of evidence;

B.

Determine the origin of the objects made or put into circulation in an unlawful manner;

C.

Preserve the de facto state;

D.

On a temporary basis, the prevention or cessation of the disorder.

At the request of the winning party, the judge may order the publication of the judgment at the expense of the opposing party. It determines the mode and scope of the publication.

The courts provide the IPI free of charge in full version.

¹ Upon complaint of the injured person, shall be punished by deprivation of liberty of up to one year or of a pecuniary penalty for any person, wilfully and without charge:

A.

Uses a work under a false or different designation from the one decided by the author;

B.

Discloses a work;

C.

Modifies a work;

D.

Uses a work to create a derived work;

E.

Makes copies of a work by any process;

F.

Proposes to the public, alienate or otherwise circulate copies of a work;

G.

Recites, represents or executes a work, directly or by any process, or causes it to be heard or heard in a place other than the one in which it is presented;

G ^Bis . ²

Makes a work available, by any means, in such a way that any person may have access to it from a place and at a time that it may choose at its convenience;

H.

Broadcasts a work by radio, television or similar means, whether by hertzian or by cable or other conductors, or retransmits it by technical means not covered by the originating broadcaster;

I. ³

Makes or hear a work that is made available, broadcast or retransmitted;

K.

Refuses to declare to the competent authority the origin and quantity of the objects in its possession manufactured or unlawfully circulated and to designate the recipients and the quantity of the objects that have been given to commercial buyers;

L.

Rents software.

² If the perpetrator of an offence within the meaning of para. 1 acts by profession, it is prosecuted ex officio. The penalty is a custodial sentence of up to five years or a pecuniary penalty. In the case of deprivation of liberty, a pecuniary penalty is also imposed. ⁴

Whoever, intentionally, fails to mention, in cases where the law prescribes it (art. 25 and 28), the source used and, if designated, the author shall, upon complaint of the aggrieved person, be liable to the fine.

¹ Upon complaint of the injured person, shall be punished by deprivation of liberty of up to one year or of a pecuniary penalty for any person, wilfully and without charge:

A.

Broadcast the performance of an performer by radio, television or similar means, whether by hertzian or by cable or other conductors;

B.

Confuses phonograms or videograms of a benefit or registers it on another medium of data;

C.

Proposes to the public, alienates or otherwise puts in circulation copies of a benefit;

D.

Retransmits a benefit by technical means the operation of which does not fall within the original broadcasting organization;

E. ²

Makes or hear a provision made available, distributed or retransmitted;

E ^Bis . ³

Uses a benefit under a false name or under a name other than the artist's name chosen by the performer;

E ^Ter . ⁴

Makes available a performance, a phonogram, a videogram or a broadcast, by any means, in such a way that any person may have access to it from a place and at a time that it may choose at its convenience;

F.

Reproduces a phonogram or videogram or proposes to the public, alienates or otherwise puts in circulation the copies reproduced;

G.

Retransmits a program;

H.

Confuses phonograms or videograms of a broadcast or registers it on another data carrier;

I.

Reproduces a broadcast recorded in a phonogram, videogram or other data medium or, in any other way, the circulation of such copies;

K.

Refuses to declare to the competent authority the source and quantity of the material in its possession made up or put into circulation unlawfully on which a protected benefit under neighbouring rights is registered under s. 33, 36 or 37 and identify the recipients and the quantity of objects that have been given to commercial buyers.

² If the perpetrator of an offence within the meaning of para. 1 acts by profession, it is prosecuted ex officio. The penalty is a custodial sentence of up to five years or a pecuniary penalty. In the case of deprivation of liberty, a pecuniary penalty is also imposed. ⁵

¹ Upon complaint by the injured person, a fine shall be imposed on anyone, wilfully and without the right:

A.

Circumvents effective technical measures within the meaning of s. 39 A , para. 2, with the intention of making unlawful use of works or other protected subject matter;

B.

Manufactures, imports, proposes to the public, alienates, or puts into circulation in some other way, leases, entrusting for use, advertising for or possessing in a profit-making purpose devices, products or components, or proposes or provides services:

1.

Which are the subject of promotion, advertising or marketing for the circumvention of effective technological measures,

2.

The circumvention of effective technical measures apart from a limited economic purpose or utility,

3.

Which are primarily designed, manufactured, adapted or made for the purpose of enabling or facilitating the circumvention of effective technological measures;

C.

Removes or alters any electronic information on the copyright and neighboring rights regime within the meaning of s. 39 C , para. 2;

D.

Reproduces, imports, proposes to the public, alienates or otherwise circulates, broadcasts, broadcasts, broadcasts or makes available works or other protected subject matter, including information about the rights regime within the meaning of s. 39 C , para. 2, have been deleted or modified.

² If the infringer acts by profession, he shall be prosecuted ex officio. The penalty is a custodial sentence of one year or more or a financial penalty.

³ The acts referred to in para. 1, let. C and d shall be punishable only if committed by a person who knew or who, according to the circumstances, had to know that it was committing, made possible, facilitated or concealed a violation of a copyright or a neighboring right.

Any person who does not have the required authorization (s. 41), asserts copyright or neighboring rights whose management is under federal supervision (art. 40) is punishable by a fine.

Art. 6 and 7 of the Federal Act of 22 March 1974 on administrative criminal law ¹ Apply to offences committed in the management of a business by an agent or other bodies.

Once completed, architectural works may not be confiscated pursuant to s. 69 of the Penal Code ² .

¹ The criminal prosecution is the responsibility of the cantons.

² The offences defined in s. 70 are prosecuted and tried by the IPI in accordance with the Federal Law of 22 March 1974 on administrative criminal law ¹ .

¹ Decisions of the Supervisory Authority and the Arbitration Board may be appealed to the Federal Administrative Tribunal.

² Appeals against decisions of the Arbitration Board shall have suspensory effect only if ordered by the investigating judge of the Federal Administrative Tribunal, ex officio or at the request of a party.

¹ The Customs Administration shall be entitled to inform the holders of copyright or neighbouring rights and the management companies authorised where there is reason to suspect that the import, export or transit of products Circulation contravenes the legislation in force in Switzerland in the field of copyright or neighboring rights is imminent.

² In this case, the Customs Administration is entitled to retain the goods for three working days in order to allow the persons entitled to file an application within the meaning of s. 76, para. 1.

¹ Where the owner of the copyright or neighboring rights, the licensee who is entitled to act or an approved management company, have serious indications to suspect the imminent importation, exportation or transit of products Whose release is contrary to the law in force in Switzerland in the field of copyright or neighboring rights, they may request in writing the Customs Administration to refuse the release of such products. ¹

² The applicant shall provide the Customs Administration with all the particulars necessary for its decision on its application. In particular, it will provide a precise description of the products.

³ The Customs Administration shall act definitively on the application. It may levy a fee to cover administrative costs. ²

¹ When, following a request for intervention within the meaning of s. 76, para. 1, the Customs Administration has reasonable grounds to suspect that the importation, exportation or transit of the goods is in breach of the law in force in Switzerland in the field of copyright or neighboring rights. Applicant, on the one hand, and the declarant, owner or owner of the goods, on the other hand.

² In order to enable the applicant to obtain provisional measures, the applicant will retain the products for ten working days from the moment of the information within the meaning of para. 1.

³ If the circumstances so warrant, it may hold the goods in issue for an additional period of up to ten working days.

¹ Upon request, the Customs Administration shall be entitled, during the period of the retention of the products, to submit or send to the applicant samples for examination or to allow it to examine the selected products on the spot.

² The applicant shall bear the costs of sampling and sending samples.

³ Once the samples have been examined, they must be returned, as long as this is justified. If samples remain with the applicant, they shall be subject to the provisions of the customs legislation.

¹ At the same time as the communication under s. 77, para. 1, the Customs Administration shall inform the declarant, the owner or the owner of the goods of the possibility, provided for in Art. 77 A , para. 1 to submit samples to the applicant or to allow the applicant to examine the selected products on site.

² The declarant, possessor or owner of the goods may request to attend the examination in order to protect its manufacturing or business secrets.

³ At the reasoned request of the declarant, owner or owner of the goods, the Customs Administration may refuse the furnishing of samples.

¹ When filing an application within the meaning of s. 76, para. 1, the applicant may request the destruction of the goods in writing to the Customs Administration.

² Where a request for destruction is filed, the Customs Administration shall inform the declarant, the owner or the owner of the goods in the context of the information referred to in Art. 77, para. 1.

³ The request for destruction does not result in an extension of the time limits under s. 77, para. 2 and 3 for the provision of provisional measures.

¹ The destruction of the products requires the approval of the registrant, owner or owner.

² The approval shall be deemed acquired when the declarant, owner or owner of the goods does not expressly object to their destruction within the time limits laid down in Art. 77, para. 2 and 3.

Prior to the destruction of the goods, the Customs Administration shall collect samples and retain them as evidence for possible damages.

¹ If the destruction of the goods proves to be unfounded, the applicant shall reply only to the resulting damage.

² If the declarant, owner or owner of the goods gives written approval for their destruction and the destruction proves to be unfounded, the applicant shall not be liable to pay damages.

¹ The applicant bears the costs associated with the destruction of the products.

² The issue of costs related to the collection and retention of samples within the meaning of s. 77 E Shall be decided by the judge in the assessment of the damages referred to in Art. 77 F , para. 1.

¹ If the retention of the goods is likely to result in injury, the Customs Administration may make it conditional on the applicant providing a statement of responsibility. Where circumstances warrant, it may, in place and place, require the applicant to provide adequate security.

² The applicant is required to make good the damage caused by the retention of the goods and the collection of samples if provisional measures have not been ordered or if they have proved unfounded.

The Federal Council shall issue the implementing provisions.

Are repealed:

A.

Federal Act of 7 December 1922 concerning copyright in literary and artistic works ¹ ;

B.

The Federal Act of 25 September 1940 concerning the collection of copyright ² .

¹ This Law shall also apply to works, performances, phonograms, videograms and broadcasts created before its entry into force.

² Where the use of a work, a performance, phonograms, videograms or a broadcast, lawful under the old law, is prohibited by the present, it may be completed, provided that it has been undertaken before the entry into force of the In force of the new right.

¹ Contracts relating to copyright or related rights concluded before the entry into force of this Law shall continue to have effect in accordance with the rules of the earlier law; the same shall apply to the acts of disposition on the basis of those provisions. Contracts.

² Unless otherwise provided, such contracts shall not apply to the rights established by this Law.

Art. 62, para. 3 and 65, para. 5, shall apply only to license agreements entered into or confirmed after the entry into force of the June 22, 2007 amendment of this Act.

Copyright collectives authorized to carry on business under the Federal Act of 25 September 1940 concerning the collection of copyright ¹ Must apply for a new authorization (s. 41) within six months after the coming into force of this Act.

¹ The tariffs of collective societies for the benefit of a concession approved under the former right shall remain in force until the expiry of their term of validity.

² Remuneration within the meaning of s. 13, 20 and 35 shall be due upon entry into force of this Law; it shall be possible to enforce them upon acceptance of the relevant tariff.

¹ This Act is subject to an optional referendum.

² The Federal Council shall fix the date of entry into force.