Copyright Demolished? The Implementation of the WIPO Treaties in Switzerland

摘要

Has copyright been demolished in Switzerland after all?rnAt first sight, one might be tempted to answer this question in the affirmative, in view of the many new instances of mandatory collective administration, the introduction of even more exceptions, the survival of the broadly phrased private use exception and the restricted protection of technological measures where they interfere with exceptions to copyright.rnOn the other hand, the new making available right, coupled with the protection of technological measures and rights management information gives right owners a basic tool for protecting their new business models. It remains to be seen how the new provisions, and in particular the relationship between the protection and its exceptions, will be applied by the courts, in whose hands the key to a balanced system of protection in Switzerland ultimately lies.rnHowever, for the time being, we may assume that copyright has been preserved in Switzerland.