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‘NFT’ stands for non-fungibletoken. NFT lawyer Enrico Schaefer covers the following topics in this informative article about non-fungibletokens. What is a Non-FungibleToken (NFT)? NFTs are tokens. Every bitcoin is the same and fungible and interchangeable.
In May 2021, a phenomenal IPilogue submission by Keir Strickland-Murphy (Osgoode Law ‘22) touched on the recent boom of Non- fungibleTokens. In this piece, I will recapitulate Strickland- Murphy’s exploration of IP ownership of Non-fungibleTokens and expand on recent developments since May.
The recent buzz around Non-FungibleTokens (NFTs) has created a wealth of both opportunity and legal issues. Intellectual Property and Contract law are fascinating for their legal complexities and their adaptability to modern times.
Her previous posts on the blog can be viewed here, here , here , here and here. Aparajita is a lawyer based in Bangalore. She works in a law firm that advises technology companies. The views expressed in this post are personal. Trademarks and the Metaverse: Imaginary Rights or Real Wrongs? Aparajita Lath. Image from here. Feb 22, 2022.
The Singapore High Court ruled on 21 October 2022 that non-fungibletokens (NFTs) can now be considered property, Coindesk reports. They are minted using smart contracts. The claimant then sued the defendant for an “equitable proprietary claim” over the Bored Ape NFT, conversion, breach of contract, and unjust enrichment.
Dirk Visser of Leiden University moderated this discussion on non-fungibletokens (“NFTs”) and intellectual property (“IP”), which featured three speakers— Richard Lehv , Alexandra Giannopoulou , and Andres Guadamuz —who discussed different aspects of NFTs through their individual presentations.
On November 16, 2021, Miramax filed a lawsuit against Quentin Tarantino for his planned auction of non-fungibletokens (NFTs) based on his original hand-written script of the film Pulp Fiction. Thus, the purchaser will have the choice to share the NFT’s associated content or keep it to themselves.
There has obviously been a considerable amount of excitement around non-fungibletokens (NFTs) over the last few years and some interesting developments in the last few months. Digital assets can be protected by IP and have always been capable of being licensed or assigned via a contract, or protected as a trade mark.
The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-FungibleTokens and Intellectual Property on March 12, 2024 (“Report”). While the Report is comprehensive, it does not recommend any new action to address IP issues with NFTs.
With that in mind, we now have something called non-fungibletokens or NFTs. Top marketing places include: OpenSea – Built on ERC-721 and ERC-1551 non-fungibletoken standards – the largest marketplace for creator-owned digital goods – easy onboarding experience for new users – create your own storefront.
Today, we’re going to talk about non-fungibletokens (NFTs). Your trademark identifies your company as the source of goods and services related to your NFTs and digital assets (the pictures linked to your NFT smart contracts). My name is NFT lawyer Enrico Schaefer. NFTs are no different.
Another layer of complexity arises from the unique characteristics of non-fungibletokens (NFTs), which have become the metaverses digital asset backbone. Smart contracts embedded within NFTs, for example, cannot always prevent unauthorized copying or redistribution of the underlying digital assets.
Image by Tumisu via Pixabay Non-fungibletokens (NFTs) are altering society’s notion of digital ‘ownership’ and redefining the common perspective on distribution of original works to consumers by introducing scarcity to the digital realm. Valid Transfer of Rights?
Today, we will be talking about NFT non-fungibletoken licensing. The token goes onto the blockchain, indicating ownership rights and potentially royalty rights for future transfers of the NFT, but not the underlying digital asset. The NFT is a smart contract coded with the NFT. the Bored Ape or CryptoPunk).
NFT Legal Tip #3: Your TokenContract is on The BLockchain Forever. There are two contracts with every NFT drop. The first is the tokencontract and it goes on the blockchain. NFT Legal Tip #4 – Draft Your Linked Digital Asset Contract Correctly. You are a brand interested in NFTs.
NFTs are created through smart contracts, pieces of code (a smart contract is a software, in other words) which are deployed on a blockchain through specific transactions (technically speaking, a transaction is a record written on the blockchain’s distributed ledger).
Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungibletokens. So from our perspective, NFTs stands not only for “non-fungibletokens” but also “New Frontiers for Trademarks.”.
Besides, creators can benefit from smart contracts and determine that a certain percentage of the sales price goes to the original creator each time the work is resold. Blockchain-powered timestamps coupled with smart contracts could help address complex copyright and other IP-related problems (patents, trademarks, etc.)
While NFTs – aka tokencontracts- last forever on the blockchain ledger, the linked digital asset could be taken from you or have its value/utility diminished or extinguished. Securities law, contract law, consumer protection laws, and causes of action for fraud and misrepresentation are all possible legal claims.
Today we are going to talk about NFTs or non-fungibletokens. Typically, the NFT links out through a URL embedded into the smart contract that goes into the Ethereum blockchain (to a website, database, group of servers, or peer-to-peer servers) to offer up that digital asset and identify what is associated with the NFT.
On 5 May 2022, The People’s Republic of China (PCR) deposited a declaration of extension of the territorial application of the United Nations Convention on Contracts for the International Sales of Goods (CISG) to Hong Kong, Special Administrative Region. . 12/05/22 – International Trade. 12/05/22 – International Trade.
The auction of NFT ( non-fungibletokens ), which we addressed in this post , comprising wearable works of digital art, has revolutionized the trademark industry. apareció primero en Intellectual and Industrial Property Blog - Garrigues. Isabel Pascual de Quinto Santos-Suárez.
NFTs (Non-fungibletokens), which act as a certificate of ownership for whatever the creator puts up for sale, allow artists to set their preferred terms of contract while making sales. In this post , we informed our readers that The IP Press Law Review is inviting submissions for its inaugural issue.
Given the rapid growth of Non-FungibleToken (NFT) market, it was just a matter of time until a court recognised the labyrinth of intellectual property difficulties that surrounded the distribution and sale of NFT digital works. Court decided that an NFT platform must be responsible for the digital works it trades.
billion in sales in 2021 alone, the non-fungibletoken (“NFT”) has recently undergone a dramatic rise in prominence in the cryptoverse, similar to the “crypto summer” of 2017-18 or the “DeFi summer” of 2020. By: Joshua Durham. With an astounding $17.7 What is an NFT?
This blog aims to discuss the challenges and opportunities of Intellectual Property Rights in the metaverse with prominent precedents. That may include decentralized content creation platforms, IP registries on a blockchain, and smart contract licensing systems. The metaverse acted as a virtual boundary in this design for the future.
Tokencontracts include self-executing software code which makes ownership immutable – unchanging over time and unable to be changed – unless the little guy agrees. Most power lies with the individuals who share whatever power they decide with corporations.
In particular, non-fungibletokens (NFTs), crypto and metaverse have dominated our infospace. Current technological solutions include smart contracts and decentralised autonomous organisations (DAOs) but they arguably do not provide an operational tool for the metaverse. Image by mohamed Hassan from Pixabay.
Given the rapid growth of Non-FungibleToken (NFT) market, it was just a matter of time until a court recognised the labyrinth of intellectual property difficulties that surrounded the distribution and sale of NFT digital works. Court decided that an NFT platform must be responsible for the digital works it trades.
As previously reported on this blog , non-fungibletokens (or “NFTs”) recently emerged as one of the hottest new items on the art market—artists, auction houses, museums, sports organizations and others have jumped at the chance to create and sell their own versions of these unique tokens. Damon Dash.
NFT stands for Non-FungibleToken and an NFT is a unique digital asset. The non-fungible nature of the asset means that it is non-interchangeable and the metadata attributed to each NFT is distinctive such that it may be used to verify the inimitability of a given asset. What are NFTs?
15] We discuss below three areas that may be of particular interest to this blog’s readership: auction houses and galleries, online marketplaces, and non-fungibletokens (“NFTs”). 13] The subjective and evolving nature of art valuation also can provide opportunities for tax manipulation. [14]
Investor contracts. Registering your token as a security with the SEC. Setting up U.S. corporations and LLCs for foreign projects and investors. Intellectual property licensing agreements. Trademark registration with the USPTO. Trademark infringement threat letters and responses to infringement notices.
Recently, a new trend of merging of blockchain technology with creative intellectual property via non-fungibletokens (“NFTs”) had taken place. The idea has spread across all market sectors, and now luxury fashion retailers have joined the tokenization bandwagon. Introduction. What are NFTs?
Among these virtual assets are NFTs (Non-FungibleTokens), which can be described as real-world items transformed into digital tokens that can be traded in virtual marketplaces. NFTs are unique digital tokens that represent ownership of specific digital assets. Smart Contracts: Are they enough?
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