SWITZERLAND Law and Practice Contributed by: Peter Schramm, Timmy Pielmeier, Michael Ritscher and Andrea Schäffler, MLL Legal
when assessing statutory law, its meaning and its objectives. 12.2 Trade Mark and Copyright Use on the Internet The marketing of products on the internet, in general, follows the same rules as every other sales platform. If trade mark rights or copyrights are violated, the owner has the right to prohibit such use by invoking trade mark and copyright law. Unlike many other jurisdictions, such as Germany, the Swiss private use exception allows the downloading of copyright-protected content under Article 19 of the Swiss Copyright Act. So-called “illegal streaming” by privates therefore does not constitute copyright infringement in Switzerland. The 2019 copyright reform introduced a stay-down obligation for hosting providers (Article 39d of the Swiss Copyright Act); see 12.1 Emerging Issues . This rule applies exclusively to copyright and is not (directly or by analogy) applicable to trade mark law.
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