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Copyright Infringement Warning Letter Template for Switzerland

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Key Requirements PROMPT example:

Copyright Infringement Warning Letter

"I need a Copyright Infringement Warning Letter to address unauthorized use of my company's software code on a competitor's mobile app, demanding immediate removal by January 15, 2025, and including evidence of our copyright registration in Switzerland."

Document background
The Copyright Infringement Warning Letter is a crucial legal instrument in Swiss intellectual property protection, typically used when unauthorized use of copyrighted material is discovered. This document, governed by Swiss law particularly the Federal Copyright Act (URG), serves as the initial formal step in enforcing copyright rights before proceeding with legal action. It should be used when there is clear evidence of copyright infringement and after identifying the alleged infringer. The letter must include specific details about the protected work, nature of the infringement, demands for cessation, and deadline for compliance. Under Swiss jurisdiction, sending such a warning letter often demonstrates good faith attempt at resolution before pursuing court proceedings, though it's not strictly required by law. The document should be carefully drafted as it may later serve as evidence in legal proceedings.
Suggested Sections

1. Sender and Recipient Details: Full legal names and addresses of both parties, including the date and reference number

2. Copyright Ownership Statement: Clear statement of ownership or right to enforce the copyright, including registration details if applicable

3. Description of Protected Work: Detailed description of the copyrighted work(s) being infringed

4. Details of Infringement: Specific description of the infringing activity, including dates, locations, and manner of infringement

5. Legal Basis: Reference to relevant provisions of Swiss copyright law and other applicable legislation

6. Cease and Desist Demand: Clear demands for immediate cessation of infringing activities

7. Required Actions: Specific actions required from the recipient, including deadlines

8. Consequences of Non-Compliance: Statement of legal actions that will be taken if demands are not met

9. Response Requirements: Deadline and method for responding to the letter

Optional Sections

1. Previous Communications: Reference to any previous attempts to resolve the matter, used when there has been prior contact

2. Damage Calculation: Detailed calculation of damages suffered, used when seeking monetary compensation

3. Settlement Terms: Proposed terms for amicable resolution, used when offering settlement options

4. Website Takedown Notice: Specific requirements for removing online content, used for digital infringement cases

5. International Jurisdiction: References to international copyright laws, used when infringement crosses borders

Suggested Schedules

1. Evidence of Copyright Ownership: Copies of copyright registrations, assignments, or other proof of ownership

2. Evidence of Infringement: Screenshots, photographs, or other documentation of the infringing use

3. Comparison Document: Side-by-side comparison of original work and infringing material

4. Prior Communications Log: Record of previous attempts to contact the infringer

5. Power of Attorney: If the letter is sent by a legal representative, proof of authority to act

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions




















Clauses















Relevant Industries

Media and Entertainment

Publishing

Software and Technology

Music Industry

Visual Arts

Photography

Fashion and Luxury Goods

Advertising and Marketing

Gaming Industry

Education and Training

Digital Content Creation

E-commerce

Manufacturing

Retail

Relevant Teams

Legal

Intellectual Property

Compliance

Content Protection

Brand Protection

Creative Operations

Digital Rights

Business Affairs

Risk Management

Corporate Communications

Relevant Roles

Legal Counsel

Intellectual Property Manager

Copyright Officer

Content Protection Manager

Brand Protection Specialist

Legal Operations Manager

Compliance Officer

Creative Director

Digital Rights Manager

Business Affairs Director

General Counsel

IP Enforcement Officer

Media Rights Manager

Publishing Rights Manager

Legal Administrator

Industries





Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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