Swiss dualistic model of the copyright system

Abstract

This article examines the prospects for protecting the personal non-property interests of authors of works in Switzerland, although the protection of personal non-property rights is enshrined in one law, it is of a different nature and can be sure of belonging to different institutions of law. The protection of the author's spiritual interests by the institution of personal rights in Switzerland was a complete alternative to French or German copyright, which recognized the institution of moral rights. In particular, Swiss copyright in legal science has been criticized for the fact that this mechanism does not allow protecting the non-property interests of the author after his death. From the understanding of the Swiss courts of individual rights as inalienable rights, it was logical that after the death of the author, these rights expire. In addition, the article notes that the Swiss legal system acquired, in a continental sense, the institution of moral rights of the author and comprehensively discussed the protection of personal non-property interests of authors.