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U.S. Gov Report Affirms Current IP Laws Adequate for NFTs


Although the document recognizes the prevalence of unauthorized copying and IP rights violations within the realm of NFT marketplaces, it determines that existing regulations are up to the task.

Still, it does note that NFT technology doesn’t stop illegal copying or trademark breaches, highlighting enforcement challenges due to NFT platforms’ anonymity and blockchain’s decentralization.

IP laws nfts
Source: X (USPTO)

Issued jointly by the USPTO and Copyright Office, the report unveils a perspective that shifts the focus from revising IP statutes to enhancing enforcement and broadening awareness as pivotal strategies.

The study finds that copyright principles are strong enough to cover NFTs, treating them like any unauthorized reproduction or display, and that current laws can handle NFT-related violations.

In the midst of widespread confusion over IP rights related to NFTs and the legal intricacies of smart contracts, the analysis champions educational initiatives and consumer protection measures as preferable to legislative amendments.

Although the evaluation refrains from providing explicit recommendations on harnessing NFT or blockchain technologies for patent and trademark applications in the U.S., it hints at ongoing explorations into their potential applications.

Delving into the broader economic landscape, the document examines the economic context, noting persistent issues in NFT marketplaces, such as a 22% sales drop in a week and falling values of top NFT collections, despite rising Ether prices.

But despite challenges, the report underscores the efficacy of the current IP rights framework in navigating the complexities of NFTs, spotlighting the critical roles of enforcement and education in capitalizing on digital innovations within the blockchain sphere.

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