Crypto assets and tokens now command a market capitalisation surpassing CHF 1.2 trillion. Blockchain introduced rivalrous digital goods inherently scarce and excludable, unlike traditional data — a category unknown to pre-blockchain law.
The Swiss DLT Act created targeted securities rules for tokenised instruments resembling securities (register value rights under Art. 973d et seq. OR), providing legal clarity for a limited subset. Yet the bulk of decentralised assets (Bitcoin and beyond) remain in private law’s uncertain territory.
Dr. Stephan D. Meyer’s article in a prominent Swiss IP law journal reviews the landscape and evaluates the case for absolute rights — essential for robust ownership, theft recovery, insolvency priority, and secure innovation in Switzerland’s crypto ecosystem.
