Art. 62 Actions for performance
1 Any person whose copyright or related right is infringed or threatened may request the court:
1bis A threat to copyright or related rights is in particular present in acts mentioned in Article 39a paragraphs 1 and 3 and Article 39c paragraphs 1 and 3 and in the case of breach of the obligations under Article 39d.58 2 Actions brought under the Code of Obligations59 for damages, satisfaction and handing over of profits in accordance with the provisions concerning agency without authority remain reserved. 3 Any person who holds an exclusive licence is entitled to bring a separate action unless this is expressly excluded in the licence agreement. Any licensees may join an infringement action in order to claim for their own losses.60 57 Amended by Annex No I of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1). 58 Inserted by Art. 2 of the FD of 5 Oct. 2007 (AS 2008 2497; BBl 2006 3389). Amended by No I of the FA of 27 Sept. 2019, in force since 1 April 2020 (AS 2020 1003; BBl 2018 591). 59SR220 60 Inserted by Annex No I of the FA of 22 June 2007, in force since 1 July 2008 (AS 2008 2551; BBl 2006 1). |