The terms propagating material and harvested material play a crucial role in plant variety protection law. The interpretations of these terms in Switzerland and in the European Union are analysed. The term propagating material implies an element of purpose or intent which has to intelligible and...

Under Council Directive 85/374/EEC, liability crucially depends upon the proof of a product's defectiveness. This central notion of the Directive has however long been the source of debate about the extent to which it is grounded in a solely safety-based approach, or whether a risk-benefit...

Eigentumsrechte behandelt die Privatrechtswissenschaft in zwei verschiedenen, weitgehend voneinander abgekoppelten Diskursen. Allgemeine Zivilrechts- und Immaterialgüterrechtswissenschaft stehen kaum im Dialog. Die intensiv diskutierten, gut aufbereiteten Voraussetzungen und Grenzen für eine...

Data are increasingly seen as a commodity. This is due to the development of data technology (big data, cyber-physical systems) which changes (and created in the first place) the data economy. The technological and economic development challenges the law which is expected to provide a sound...

Information is widely regarded as one of the key concepts of modern society. The production, distribution and use of information are some of the key aspects of modern economies. Driven by technological progress information has become a good in its own right. This established an information...

Emerging in the nineteenth century, with a focus on classical engineering and chemistry, patent law has seen many technological changes and developments. A relatively new field of technology is associated with the term “nano”. In order to show its impact on patent law, nanotechnology has to...