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1.3-1 Will works created by Swiss nationals in Switzerland always be protected by Swiss law when being used abroad?

Generally, no. Most countries apply the law of the country in which the protection is claimed (“the lex loci protectionis principle“); usually this is the country in which the work is used. However, some countries apply the law of the country where the work originated for the whole litigation process or to address certain questions (e.g. to determine the holder of the rights). Consequently, the answer will depend on the actual case, the country in which the proceedings are initiated and the applicable law as dictated by the private international law of the country in question.

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