231.1
URGLDA
CH
CH
Art. 65 Legge federale del 9 ottobre 1992 sul diritto d'autore e sui diritti di protezione affini (LDA) - Provvedimenti cautelari
LDA; Titolo quinto: Protezione giuridica; Capitolo 1: Protezione di diritto civile
Art. 65 LDA · Provvedimenti cautelari
Chi chiede al giudice di ordinare provvedimenti cautelari può in particolare esigere che il giudice prenda provvedimenti per: a. assicurare le prove; b. accertare la provenienza degli oggetti allestiti o messi in circolazione illecitamente; c. salvaguardare lo stato di fatto; o d. attuare a titolo provvisorio le pretese di omissione o di cessazione della turbativa.
Decisioni giudiziarie che applicano questa disposizione (20)
C/617/2025 · ge (Art. 65 let. d LDA)
Creditors' Attempt to Halt Construction Based on Assigned Monetary Claim and Copyright Fails.
This provision was cited in the reasoning for the requests for provisional measures concerning the protection of author's rights, although the claim based on this was ultimately found unproven.
C2 21 25 · vs (art. 65 LDA)
Provisional Measures Granted Against Luminaire Copyright Infringement
This provision governs the types of provisional measures that can be requested, although the decision ultimately applies procedural rules (CPC) and substantive rights (LDA art. 62) to grant some measures.
HG 2015 39 · be (Art. 65 URG)
Dismissal of Interim Injunction for Lack of Copyright Legitimacy and Originality
The motion for preliminary injunction based on copyright law was dismissed because the prerequisites of copyright protection (lacking authorship/legitimation and originality) were not met.
60.2013.PHC · vd (art. 65 LDA)
Copyright Infringement and Unfair Competition Injunction Against Domestic and Foreign Defendants
This provision is cited to justify ordering the respondent to provide information and preserve evidence.
53.2012.FAB · vd (Art. 65 let. c LDA)
Architect's Moral Rights vs. Property Owners' Terrace Enclosure
Cited as the legal basis for the provisional measure to preserve the existing state of affairs (interdiction to proceed with transformation works).
53.2012.FAB · vd (Art. 65 let. d LDA)
Architect's Moral Rights vs. Property Owners' Terrace Enclosure
Cited as the legal basis for the provisional measure to ensure the provisional prevention of disturbance (interdiction to proceed with transformation works).
HC.2012.352 · vd (Art. 65 LDA)
Architectural Fees Dispute Over Provisional Copyright Injunction
Cited in the initial header, but not explicitly in the final orders (only costs articles derived from CPC/TFJC are cited in the final orders).
DZ.2009.3 · sg (Art. 65 Abs. 1 und 2 URG)
Architect's Claim Against Demolition Based on Copyright Precluded by Precedent and Construction Illegality
The application for precautionary measures was rejected because the main claim appeared hopeless, as regulated by this article.
DZ.2009.3 · sg (Art. 65 Abs. 1 und 2 URG)
Demolition Order Upheld Over Copyright Claim
Basis for the court's finding that the main claim for injunctive relief appears hopeless, leading to the dismissal of the request for provisional measures.
PZ 2007 156 · gr (Art. 65 URG)
Copyright Infringement Investigation Order
This provision is cited in the reasoning as the basis for requesting provisional measures (Beweissicherung), which is the subject matter of the granted order.
ZZ.2006.36 · sg (Art. 65 URG)
Preliminary Injunction Granted in Part for Copyright Infringement and Unfair Competition Against Former Employee
Cited as the legal basis for ordering provisional measures related to copyright infringement in connection with the computer program (Messprogramm X).
ZZ.2006.36 · sg (Art. 65 URG)
Injunction Granted for Proprietary Software and Data Form Use
Cited in conjunction with Art. 14 UWG and Art. 28c-28f ZGB as a basis for ordering precautionary measures concerning copyright infringement.
10.2006.16 · ti (Art. 65 LDA)
Architect v. Property Owner and Construction Manager (Copyright and Moral Rights)
Cited as the legal basis for the imminence/actuality of the infringement of the author's right and the requirement for provisional measures.
10.2006.16 · ti (Art. 65 cpv. 2 LDA)
Architect v. Property Owner and Construction Manager (Copyright and Moral Rights)
Cited as the basis for ordering the provisional measure for the preservation of evidence (deposit of original plans).
CCC.1998.7487 · ne (Art. 65 LDA)
Employer v. Former Employee: Software Access Codes Dispute
Mentioned to contrast the claimant's request, based on contract law, with what this article would allow under copyright law, thereby framing the issue addressed in the judgment.