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The Swiss radio and television broadcasting company “SRG SSR idée Suisse” (SSR) and the six associations in Switzerland’s cinematographic and audiovisual sector that are partners in the Audiovisual Pact have renewed their cooperation agreement for a further three years (2009 to 2011). The Audiovisual Pact represents in concrete form the statutory obligation incumbent on the SSR to support Swiss independent production; its aim is to reinforce collaboration between the SSR and the audiovisual industry in Switzerland (see IRIS 2005-8: 10). Under this system, the SSR has invested almost 200 million...

In a decision delivered on 26 September 2007, the Swiss Federal Supreme Court confirmed that the sale or rental of films at the same time as they were being shown in cinema theatres constitutes unlawful exercise of the originator's right of representation. The decision is based on paragraph 1bis of Article 12 of the Federal Act on copyright and neighbouring rights (LDA). This provision, which protects the principle of "cascade" exploitation of cinema films, prohibits offering a new film on DVD before or during its first screening in a cinema theatre (see IRIS 2004-7: 6). The dispute was between...

In the context of the revision of the Federal Act on copyright and neighbouring rights of 9 October 1992 (LDA), the Federal Parliament approved, in October 2007, an extension of the scope of compulsory collective management on behalf of distribution bodies. These provisions should enter into force on 1 July 2008. The new Article 22a LDA settles the use of archive productions belonging to distributors. According to this provision, the right to distribute such productions, or to make them available on demand, can only be exercised by the approved management companies. An “archive production” is a...

The capacity of an exclusive licence holder to instigate legal proceedings in the case of the violation of copyright by a third party has been a controversial issue for some time. Capacity to instigate proceedings in this case means the ability of a licence holder, in their own name, to claim a ban and the ceasing of the infringement of copyright. The matter has finally been clarified by the Federal Court in a decision delivered on 29 August 2007. The judges in Switzerland’s supreme court have upheld that, in its current version, the federal legislation on copyright and neighbouring rights of 9...

In a ruling of 4 October 2007, the Swiss Bundesverwaltungsgericht (Federal Administrative Court - BVG) decided that the words “ Depuis 1775 ” constituted advertising and therefore, as part of a trademark, should not appear in a reference to a sponsor (case no. A-563/2007). In autumn 2006, Publisuisse SA (a subsidiary of the Schweizerische Radio- und Fernsehgesellschaft – SRG) refused to allow the company Montres Breguet SA to continue to appear as a sponsor of its programmes using its logo and the words “ Montres Breguet – Depuis 1775 ”. The opinion that the reference to the company’s year of foundation...