Publications

Excerpt from the front of the book Personalised Medicine.

Fausch Inesa, Cologne 2020

Personalised medicine as a challenge for patent law

This book is a practical guide for lawyers, public servants, medical doctors, scientists, researchers and everyone interested in the personalised medicine field.

Cut from the front of the book illustration of assets.

MacCabe Kevin, Basel 2019

The representation of assets through investment tokens

In this paper, the question is explored whether rights such as claims or the ownership of things can be represented by tokens (awarded the Professor Walther Hug Prize 2021).

Schmidt Kirsten Johanna, Wiesbaden 2020

Data protection as a property right

In this open access book, the author examines the evolution of data protection law toward data trading law.

Excerpt from the front cover of the book Euthanasia of Cyborgs.

Stühler Claudia, Tübingen 2023

Assisted suicide for cyborgs - technical implants at the end of life

In her study of criminal law, the author explores the implications of the use of new micromedical technologies for the traditional dogmatics of euthanasia, taking into account both techno-philosophical and sociological aspects.

Vallone Vera, Cologne 2019

Patenting simulations

The work establishes criteria for distinguishing patentable and non-patentable simulations.

Excerpt from the front of the book Transformative Technologies.

Fateh-Moghadam Bijan/Zech Herbert (eds.), Baden-Baden 2021

Transformative technologies - interactions between technological and legal change

The authors from the fields of law, philosophy, and cultural and media studies examine the interactions between technological and legal change.

Batache Djamila, Zurich/St. Gallen 2023

Artificial intelligence in medicine from a liability law perspective

The dissertation sheds light on the extent to which the use of AI systems is permissible at all in view of the principle of personal performance in contract law, specifically in medical treatment, which duties of care and in particular control duties must be taken into account in this context and to what extent wrong decisions can be attributed for their intended purpose. The underlying considerations and findings can, of course, also be used to classify the use of AI systems in other areas under liability law (honored with the Emilie Louise Frey Prize 2023).

Kaiser Sandra, 2022

Copyright infringements through links on the Internet

In numerous judgments, the ECJ has interpreted the provision of Art. 3 (1) of the InfoSoc Directive, which is subject to interpretation, and thus created an interpretative framework for the treatment of communication to the public, particularly in the digital world of the internet. The present work critically assesses the case law of the ECJ. Based on this case law, a proposal is developed which leads to a generally applicable scheme that offers advantages over the flexible system of the ECJ, such as increased legal certainty.

Schaub Barbara, 2023

The compatibility of cantonal popular initiatives with higher-level law

How far may the examining authorities go when interpreting initiative texts in accordance with the law and what significance is attached to the political will of the signatories? This dissertation examines the topic from a holistic perspective and incorporates the cantonal legal bases, the current literature and the case law of the Federal Supreme Court and the cantonal courts of the last 15 years. It shows how the principle "in dubio pro populo" developed by the Federal Supreme Court can be taken into account in practice and offers solutions for the best possible synthesis between the principles of democracy and the rule of law.

Yacoubian Christapor, Basel 2024

The liability of the contractual debtor when using digital systems - contract fulfillment by robots and software agents: Is liability law up to the digital challenges?

This dissertation examines whether the current liability law is able to deal with the challenges of the constantly advancing technologization. To this end, the legal issues associated with the use of digital systems in contract law, which have so far only been discussed peripherally in legal doctrine, are analyzed in detail. The main focus will be on examining whether the passing liability rules can also prove their worth in the digital age or whether they can be applied to digital systems by way of judicial development of the law.

Janneke de Snaijer, Basel 2024

Trust in robots - principle of trust in criminal negligence liability using the example of surgery and road traffic

The dissertation is dedicated to the prerequisites for the applicability of the principle of trust to human-robot interactions using the examples of surgery and road traffic. When the principle of trust is applied to human-robot interactions, humans - under certain circumstances - are likely to trust that the robot will function correctly. Such a delineation of areas of responsibility would simplify the specification of duties of care, even in the case of more autonomous robots, and provide legal certainty for users.

Valentina Christen-Zihlmann

The ban on embryo donation in Switzerland - A legal analysis of the ban on the donation of "surplus embryos" for reproductive purposes

This book examines why embryo donation is prohibited and whether this prohibition needs to be reformed or even lifted altogether, particularly in light of the new possibilities for creating surplus embryos ("rule of twelve").

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