Rivalous Digital Goods in the No-Man's Land of Private Law - the Appropriateness and Necessity of Establishing Absolute Rights to Crypto Assets

Over 1.2 trillion Swiss francs - that is the current market capitalisation of various tokens and crypto assets. Before the introduction of blockchain technology, such rival digital goods were completely unknown conceptually and legally, and their properties differ significantly from data in general. With the amendments to the DLT Act, the legislator has now created a securities law framework for the (currently few) tokens that are used like securities and are therefore subject to the new provisions on register value rights under Art. 973d et seq. of the Swiss Code of Obligations. There is still considerable legal uncertainty with regard to by far the largest share of decentralised assets, starting with Bitcoin. An article by Stephan D. Meyer in a leading Swiss IP law journal analyses the status quo and the possibilities of granting absolute legal protection to crypto assets.

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