IP infringement rife in NFTs, but new laws not nee

BUT GOV IN NFTs 2024-03-13 71

摘要:ChangingUnitedStatesintellectualproperty(IP)lawsaren’tneededrightnow,eventhoughpiracyandIPinfringementarecommononnonfungibletoken(NFT)marketplaces,claimsaU...

A recent report from the U.S. Copyright Office and Patent and Trademark Office (USPTO) concluded that despite widespread piracy and infringement on NFT marketplaces, changes to United States intellectual property (IP) laws are not currently necessary. The report highlighted the challenges of preventing unauthorized copying and trademark infringement on NFT platforms due to their decentralized and anonymous nature. Despite these findings, the agencies do not see the need for changes to IP laws at this time, as existing enforcement tools can address NFT-linked infringements.

The Under Secretary of Commerce for Intellectual Property and USPTO Director, Kathi Vidal, acknowledged that NFTs offer opportunities for creators to leverage their IP rights but also present new challenges in keeping their work secure. The report also addressed consumer confusion about IP rights and the legal status of smart contracts, suggesting that education and consumer protection would be more effective in addressing these concerns than changes to IP laws.

The report did not propose specific plans for utilizing NFTs or blockchain technology in U.S. patent and trademark registrations but indicated that their potential will be further explored. This comprehensive study and report were prepared in response to a request from an IP subcommittee of the U.S. Senate Judiciary Committee in 2022.

Despite increases in Ether (ETH) prices, NFT markets are still struggling, with prices of top collections falling and a significant drop in sales volume. The potential of NFTs and blockchain technology in the realm of intellectual property is clear, but it is evident that there are complex challenges that need to be addressed through a combination of education, consumer protection, and continued exploration of technological solutions.

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