Abstract

Blockchain technology is predicted to have a major impact on the Intellectual Property (IP) ecosystem. More and more projects are being launched, both in the public and private sector. The World Intellectual Property Organization (WIPO) has built up a Blockchain Task Force and is preparing a new WIPO Standard to encompass all types of IP rights and the entire IP lifecycle²; the German Government published a strategy paper on blockchain with a chapter on applications in the creative arts sector³; a European Blockchain Service Infrastructure is being built up⁴; the European Union Intellectual Property Office (EUIPO) established an Anti-Counterfeiting Forum as part of the broader EU strategy to create a blockchain ecosystem5 and now has its own blockchain for trademarks and designs in the EU⁶. Furthermore, LVMH, with brands such as Louis Vuitton, developed its own blockchain to track luxury goods⁷; Kodak started a blockchain initiative for image rights management⁸; music and film streaming are offered on blockchain platforms⁹; sports clubs discuss microlicensing of their IP rights¹⁰; digital fashion is created for distribution using blockchain¹¹. Moreover, news abounds of Non-Fungible Tokens (NFTs) representing basically everything imaginable—both digital and physical—in the IP ecosystem, to track the origin of art and all manner of products. However, interestingly enough, as early as 2012 a whitepaper was published linking the idea of smart property by Nick Szabo and digital collectibles to blockchain and at the same time introducing the first kind of NFTs, colored coins¹².

Keywords: Blockchain technology, Intellectual Property ecosystem, WIPO, NFTs