Creativity is an essential part of the world of brand affairs, but there are also legal limits here. Artistic freedom allows creative people to express their ideas freely, but it is in line with copyright and trademark law. Copyright protects works from unauthorized use, while trademark law protects the identity of companies and products. It is crucial to understand where the fine line is between creative freedom and legal restrictions in order to avoid problems.
How can I see for myself whether I am violating rights?
Infringement of intellectual property can have serious consequences. Thorough research is essential to ensure that you are not infringing any rights.
Infringement of intellectual property can have serious consequences. Thorough research is essential to ensure that you are not infringing any rights. Here are detailed instructions on how to proceed:
- Identify the type of intellectual property: First, determine whether it is a copyrighted work or a protected trademark. Copyrighted works may include text, images, graphics, music, videos, and software, while brands may include logos, slogans, product names, and designs.
- Search in the public register: Check public registers such as the Swiss Commercial Register or the Federal Institute of Intellectual Property (IPI) to determine whether the work or brand is already registered. This can give you important information about whether use is allowed or not.
- Search for copyright and trademark information: Check the work or brand for copyright notices or trademark information. These may be found on websites, products, packaging, or other materials. Mentioning the author or brand does not necessarily mean that use is permitted, but it may be an indication that the intellectual property is protected.
- Consult legal sources: If you are unsure or need further information, you should consult legal sources such as the Copyright Act (URG) and the Trademark Protection Act (MSchG). These laws provide information about which actions are allowed and which are not, and can help you understand the legal framework.
- Get legal advice: If you're still uncertain or have complex legal issues, it's a good idea to seek legal advice from a lawyer or specialized agency. These can help you understand your rights and obligations and assess potential risks.
Why do agencies save time and money?
Agencies are experts in the field of intellectual property and know the legal framework in detail. They can advise and protect their clients as they can be held liable if rights are violated. Through their experience and expertise, they can save time and money by identifying and avoiding legal problems at an early stage.
