Qualified Intellectual Property (NFT)

NFT (Non-Fungible Token) is a type of digital certificate that represents unique and immutable digital assets created using blockchain technology. Each NFT is associated with a unique digital asset and is used to verify its ownership and authenticity. NFTs enable the ownership and trading of various digital content, including digital artworks, collectibles, music files, in-game items, and virtual real estate.

Technical Structure

NFTs are primarily developed on the Ethereum blockchain. The most commonly used standards are:

ERC-721: Ensures that each token is entirely unique. It is the first NFT standard.

ERC-1155: Enables the combined management of both unique and multiple tokens.

The core components of an NFT include:

Token ID: The unique identifier of each NFT.

Metadata: Contains information such as the asset’s name, description, visual link, and other attributes.

Smart Contract: A set of automated rules that govern the creation, transfer, and management of the NFT.

Blockchain Record: Ownership and transaction history are stored on the blockchain in a verifiable and transparent manner.

NFTs are not limited to Ethereum; they can also be created on alternative blockchains such as Solana, Flow, and Tezos.

Applications

Digital Art and Collectibles: Digital artists can sell their works directly in NFT format, while collectors can acquire them with a permanent proof of ownership.

Gaming and Virtual Universes (Metaverse): In-game items, avatars, and virtual land are defined as NFTs, transferring ownership directly to users. This enables interoperable assets across platforms.

Music and Media: Artists can release music tracks or video content as NFTs to track royalty payments directly.

Ownership and Copyright

NFTs represent ownership of a digital asset on the blockchain, but this does not necessarily include the copyright of the underlying work. The purchaser of an NFT becomes the owner of the token, but not necessarily the holder of all intellectual property rights to the work. Therefore, NFT contracts must be carefully reviewed, and the terms regarding rights transfer by the original creator must be clearly defined.

Legal and Economic Dimensions

NFTs function as a form of digital deed, documenting the uniqueness and ownership of digital content. In this sense, they serve as a qualified indicator of intellectual property. However, owning an NFT does not always entail acquiring all usage rights or copyright to the underlying work. The scope of ownership rights may vary depending on the terms defined by the platform and the smart contract governing the NFT.

Economically, NFTs enable decentralized revenue models in fields such as digital art, music, and collecting. They also create a new secondary market, contributing to structural change within creative industries.