Abstract

Non-fungible tokens (NFTs) have emerged as a significant development in the world of intellectual property rights (IPR), particularly in relation to digital assets. NFTs are unique digital assets that utilize blockchain technology to establish ownership, provenance, and authenticity of digital content. This article explores the implications of NFTs on various aspects of IPR, including copyright, and trademark. Regarding copyright, NFTs have sparked discussions around ownership and control of digital works where artists and creators can tokenize their creations as NFTs, granting them a digital certificate of authenticity and providing opportunities for direct sales, royalties, and licensing. However, challenges such as copyright infringement and unauthorized distribution of digital content persist, requiring legal frameworks to adapt to this evolving landscape. In terms of trademarks, NFTs can raise concerns when it comes to the unauthorized use of brand names or logos within digital assets. Clear guidelines and regulations are needed to address the potential for confusion, or infringement of trademark rights and freedom of artistic expression in the NFT space. Concepts like nominative fair use may play a role in determining permissible uses of trademarks within NFTs.

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