What are the possible remedies in case of counterfeit of a work of art in Switzerland?
In Switzerland, in case of counterfeit work of art, it is possible to resort to civil and criminal procedures to assert one’s rights.
On the civil side, the copyright holder of a work of art can bring an action before the courts to obtain an injunction prohibiting the reproduction, distribution, or sale of the illicit copy. They can also request compensation for damages suffered, as well as the return of counterfeit copies.
On the criminal side, the counterfeiting of a work of art can be prosecuted by the competent judicial authorities, on the complaint of the rights holder or a legal representative. The penalties incurred are fines and imprisonment of up to three years.
In addition, it is also possible to resort to the competent administrative authorities to combat counterfeiting, such as the Swiss Customs or the Federal Institute of Intellectual Property (IPI). These authorities can act to prevent the entry of counterfeit copies into Swiss territory, by seizing suspect goods and conducting customs checks.
It should be noted that the available remedies may vary depending on the circumstances of each case. It is recommended to consult a lawyer specialized in intellectual property law to obtain specific advice in case of counterfeit of a work of art in Switzerland.