Such a case is governed by the provisions of the publishing contract law in the Swiss Code of Obligations:
These provisions apply unless agreements to the contrary are concluded, and mean:
The author’s version (accepted manuscript) can certainly be used as full text. According to the expert opinion by Reto Hilty and Matthias Seemann, the version published by the publisher can also be used (publisher’s pdf), but without the publisher’s logo, which is protected by trademark law or similar. However, there is no established judicial practice on this question of the format.
A researcher sends his contribution to a collective work to a publisher with the request to publish it, which the publisher does. There are no other agreements. After publication, the researcher asks the publisher whether he may make the publication openly accessible in his repository. The publisher categorically refuses. Does the researcher have to comply with this, or can he invoke the Code of Obligations (Art. 382 Par. 3 OR), which allows him to deposit the publication after a three-month embargo period?
If the researcher asks the publisher whether the deposit in a repository is permitted, and if this is denied by the publisher, then there is obviously no agreement between the parties on this point; no agreement has arisen in this respect. If there is also no other agreement on this point, the statutory provisions and thus also Art. 382 para. 3 OR apply. Therefore, in the above case, the researcher may make his publication available in a repository three months after publication.