The IP in NFTs – Strategies for protecting your brands and products in the metaverse

The creation ("minting") and sale and use of NFTs raises many IP issues which we have discussed in our previous posts in our IP in NFTs series. However, brand owners and product manufacturers must also be vigilant in monitoring the virtual marketplaces to ensure that third parties are not creating NFTs that infringe their own IP rights.  This is especially true where the company is considering releasing or has released NFTs, because the public will begin to associate the brand with NFTs (which could include infringing NFTs).  There are several strategies that companies could adopt to minimise this risk. Read more

The IP in NFTs – What is being purchased?

As we reported in our first blog post in this series, non-fungible tokens (NFTs) are a new asset class that is being adopted eagerly across all sectors, raising some interesting challenges from an IP perspective. While NFTs have demonstrated themselves to be a powerful tool in the new digital era, they remain poorly understood, in particular in relation to the rights that are (or are not) transferred on purchase of an NFT. Releasing (known as "minting") and purchasing NFTs can give rise to a number of IP-related issues, such as: - Who has the right to create and release NFTs? - Does the NFT infringe third party rights? - What rights are transferred with the NFT (and on resale)? - How this rights transfer is achieved? Read more

Draft “Regulation on Prohibition for Abuse of Intellectual Property Rights to Exclude or Restrict Competition” released for public comment by Chinese authorities

The China State Administration for Market Regulation has published a Regulation on Prohibition for Abuse of Intellectual Property Rights to Exclude or Restrict Competition (Draft for Comment), which is now open to the public for comments.  The Regulation reflects the latest approach of the China authorities to the relationship between competition law and intellectual property enforcement, which has been a topic of concern for a long time, and includes clarification on scenarios that will be deemed abuses of market dominance in relation to SEP licensing. Read more

Supreme People’s Court of China releases Judicial Interpretation of Anti-Unfair Competition Law

The Supreme People’s Court of China (Supreme Court) released the Interpretation (“Interpretation”) of the Supreme Court on Several Issues Concerning the Application of the Law of the People’s Republic of China against Unfair Competition (“AUCL”), which was effective on March 20, 2022. The Interpretation consists of 29 clauses in total, and, based on the revised … Read more