Yesterday, the US Copyright Office (USCO) and the US Patent and Trademark Office (USPTO) announced a joint study on IP issues related to NFTs. This follows a Congressional request by Senators Leahy and Tillis that the offices are exploring these issues. Today the offices will publish a notice of request (unpublished version can be found here), with a notice-and-comment period following, and requests feedback from stakeholders/private industry on the following topics:
- Current/proposed use of NFTs in industry
- Any IP-related challenges and opportunities associated with NFTs
- The impact of NFTs on the production of materials protected by IP rights
- The use of NFTs (and the challenges of using NFTs) to document authenticity of goods, transfer assets, acquire IP rights, transfer/license IP rights, manage digital rights, facilitate royalty payments and enforce IP rights
- Use cases for protection of NFT-related IP rights and enforcement against infringement related to NFTs
- Any gaps in IP laws with regard to the protection of IP rights in relation to NFTs and what, if any, legislation should be considered
- Examples of NFT-related IP disputes (e.g. involving transfers/licensing of IP rights in connection with the sale of NFTs, involving NFT creation based on owned or licensed rights, or involving IP protection for NFT creators who do not own an asset linked to NFT)
- The operation of the DMCA notice and takedown system in the context of NFTs and other IP-related takedowns involving NFTs
- IP portfolio adjustments in light of the rise of NFTs
- Experiences involving IP protection for (or use of) assets related to NFTs outside the US
The solicitation will likely set deadlines for submitting public comments in advance of the patent (Tuesday, January 10, 2023) and trademark (Thursday, January 12, 2023) roundtables and the USCO-hosted copyright roundtable (Wednesday, January 18, 2023).
The content of this article is intended to provide a general guide to the subject. You should seek specialist advice about your specific circumstances.
