Swiss Federal Court Prevents Enforcement Of Intellectual Property Rights In The Switzerland

February 10th, 2015 by Rosemary
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The Logistep AG has today lost a process observed worldwide with tension before the Supreme Court of Switzerland. Steinhausen, September 8, 2010. The top federal data protection and information Commissioner (FDPIC, 1) Hanspeter Thur tried after a defeat before the Federal Administrative Court of Switzerland (2) today for the second time, in fact to destroy the basis of business work of Logistep AG of Switzerland by a court ruling. The complaint of the Supreme Swiss data Protector had success in this second attempt. Basically, it went to court to the question of whether the Logistep AG with an internally developed special software must evidence safely log copyright infringements in Internet exchanges by gathering IP addresses. Copyright law expert Dr.

Ulrich Reber in Munich (5) explains the meaning of the judgment of the Court: the judicial decision has tainted years of efforts by rightsholders and their associations, the theft of music, movies, software, games, E-books, E-papers and fight against others intellectual property via the Internet. About the specific case, the verdict has importance for the further work of associations such as for example BIU, BSA, contra piracy, GVU, producer Alliance and IFPI, MPAA, RIAA.” The data protection agency’s concern was successful today but also in the second attempt, before the Swiss Federal Court in Lausanne. The decision of the Swiss Federal Court within the meaning of the data protection authority is contrary to court decisions in the country and abroad, in which the proper and lawful work of Logistep AG has been confirmed. The German Federal Supreme Court in Karlsruhe, Germany (6), for example, recently dismissed doubts as to the quality and legitimacy of the evidence by Logistep. Its Board of Directors Richard M. Schneider in Lausanne said first opinions on the assessment of the process output for Logistep AG: we have this procedure without the significant support of copyright associations whose legitimate lying to defend, by the actions of Swiss data protection authority and the organization supports Razorback Association, copyright violations, since almost two years will be challenged over.

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