Smart Contracts and Intellectual Property: Challenges and Reality

In: Heath, Christopher, Sanders, Anselm Kamperman and Moerland, Anke (eds.) Intellectual property and the 4th industrial revolution. Kluwer International Law, Amsterdam. ISBN 9789403522128, 2020

21 Pages Posted: 26 Sep 2021

Date Written: November 1, 2019

Abstract

The present chapter will look at the possible application of smart contracts in the intellectual property arena in general, but it will specifically discuss mostly copyright solutions, although a few uses apply to different areas of protection. This presents a few challenges, at the time of writing many of the proposals that will be discussed have not yet been implemented, or are in a prototype level, and as such we may have to assume their viability based on nothing other than a few examples that have not been fully tested. Similarly, legal discussions about the blockchain and smart contracts tend to be surrounded by considerable hype, often fuelled by commercial interests, and it is often difficult to separate facts from sales pitches. This is why this work will try to take a more sceptical approach to the phenomenon.

Keywords: copyright, patent, IP, blockchain, smart contract

JEL Classification: K10

Suggested Citation

Guadamuz, Andres, Smart Contracts and Intellectual Property: Challenges and Reality (November 1, 2019). In: Heath, Christopher, Sanders, Anselm Kamperman and Moerland, Anke (eds.) Intellectual property and the 4th industrial revolution. Kluwer International Law, Amsterdam. ISBN 9789403522128, 2020, Available at SSRN: https://ssrn.com/abstract=3911121

Andres Guadamuz (Contact Author)

University of Sussex ( email )

Falmer
Brighton, BN1 9QN
United Kingdom

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