Catalog / Distributes a software product / LXD-6595

Distributes a software product, in Switzerland

Federal Act on Copyright and Related Rights, computer programs as works (Art. 2) and the author's exclusive rights (Art. 10)since 3 lines

Federal Act on Copyright and Related Rights (URG), exclusive rights, SR 231.1, Arts. 2 and 10 · Read the law's page

  • You need the author's permission to use a work: the author has the exclusive right to decide whether, when and how the work is used (Art. 10(1)).
  • Do not produce copies of a work, offer, transfer or otherwise distribute copies of it, or make it available so that persons may access it from a place and at a time individually chosen by them, without the author's permission (Art. 10(2)(a), (b) and (c)).
  • Treat a computer program as a work protected by copyright (Art. 2(3)), and do not rent one out without the author's permission, because the author of a computer program also has the exclusive rental right (Art. 10(3)).
Trade Mark Protection Act, ban on incorrect indications of source and on names, company names, addresses and trade marks associated with goods or services of a different origin (Arts. 47 and 64)since 3 lines

Federal Act on the Protection of Trade Marks and Indications of Source (MSchG/LPM), SR 232.11, Arts. 47 and 64 · Read the law's page

  • Do not use an incorrect indication of source, that is a direct or indirect reference to the geographical origin of goods or services, including to their characteristics or the quality associated with their origin (Art. 47(1) and (3)(a)).
  • Do not use a denomination that may be confused with an incorrect indication of source (Art. 47(3)(b)).
  • Do not use a name, a company name, an address or a trade mark associated with goods or services of a different origin where this could be misleading (Art. 47(3)(c)).
Federal Act on the Protection of the Swiss Coat of Arms and Other Public Signs, use of coats of arms, official designations, national signs and foreign state emblems (Arts. 8, 9, 10, 11, 15 and 28)since 6 lines

Federal Act on the Protection of the Swiss Coat of Arms and Other Public Signs (CAPA), SR 232.21, Arts. 8, 9, 10, 11, 15 and 28 · Read the law's page

  • Do not use the Swiss coat of arms, the coat of arms of a canton, a commune or another public authority recognised under cantonal law, or a sign that could be confused with one of them, unless you are the public body to which it belongs (Art. 8(1)).
  • You may use such a coat of arms as an illustration in a dictionary, reference work, scientific work or similar work, and for the other uses listed in Article 8 paragraph 4 (Art. 8(4)).
  • Do not use an official designation, such as «Confederation», «federal», «canton», «cantonal», «commune» or «communal», or any other term that implies a Swiss authority or an official or semi-official activity, or a term that could be confused with one, on its own unless you are the public body to which it belongs or you are carrying out an official or semi-official activity (Art. 6 and Art. 9(1) and (2)).
  • You may use an official designation together with other word or figurative elements only to the extent that the use is neither misleading nor contrary to public policy, morality or applicable law (Art. 9(3)).
  • You may use flags and other emblems of the Confederation, cantons, communes and other public authorities recognised under cantonal law, and national figurative and word signs such as Swiss landmarks, heroic figures, sites or monuments, only to the extent that the use is neither misleading nor contrary to public policy, morality or applicable law (Arts. 7, 10 and 11).
  • Do not use the coat of arms, flag or other emblem of a foreign state, a sign that could be confused with one, or a foreign national figurative or word sign, unless you are that state or it authorises you (Art. 15(1) and Art. 16(1)).
Mandatory Reporting of Cyberattacks on Critical Infrastructuresince 7 lines

Bundesgesetz vom 18. Dezember 2020 über die Informationssicherheit (Informationssicherheitsgesetz, ISG), SR 128, Art. 74a-74h · Read the law's page

  • Applies to the authorities and organisations listed in Article 74b(1) ISG, among them energy suppliers, banks, insurers and financial market infrastructures, hospitals on a cantonal hospital list, telecommunications service providers registered with the Federal Office of Communications, providers of cloud computing, search engines and digital security and trust services and data centres with a seat in Switzerland, and manufacturers of hardware or software used by critical infrastructures that has a remote-maintenance access or is used to control operational systems or to ensure public safety. Reached by declaring that you operate an essential service, provide financial or telecom services, handle health records or distribute a software product.
  • Ensure that cyberattacks on your information technology are reported to the Federal Office for Cybersecurity (BACS) (Article 74a(1)).
  • Report a cyberattack that endangers the functioning of the critical infrastructure, led to manipulation or exfiltration of information, remained undetected for a long period, or is combined with extortion, threat or coercion (Article 74d).
  • Make the report within 24 hours of discovering the cyberattack (Article 74e(1)).
  • State in the report the authority or organisation concerned, the nature and execution of the attack, its effects, the measures taken and, as far as known, the planned further course (Article 74e(2)).
  • Supplement the report as soon as you have new information (Article 74e(3)); where not all required information is known within the 24 hours, BACS grants 14 days to complete the report (Cybersicherheitsverordnung, Article 16(1)).
  • You need not give information in the report that would incriminate you or the person fulfilling the duty for you (Article 74e(4)).

Revisions

An entry gets a new revision when a law in it is added, removed, amended or reworded in the law library. The ID stays the same.

  1. Revision 1, : the entry was first published.

See also

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