Ownership in the digital society

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In private law, property rights are dealt with in two different, largely separate discourses. There is hardly any dialog between intellectual property law and general civil law. Above all, the findings relating to the allocation of intangible goods are not sufficiently utilized for the scope of property rights. Property rights are being challenged in the digital society as a whole: The boundaries between tangible and intangible objects are becoming more fluid. There is increasing overlap. Ultimately, the question of individual attribution (“ownership”) arises. The function, scope, structural design and conditions for exercising property rights need to be clarified and, if necessary, reassessed. Bringing together the often separate discourses in intellectual property law and general civil law scholarship promises to yield new insights.

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