NFTs, Source Identification, and the Power of Unfair Competition Law
As copyright protections expire, many creators and businesses are left wondering what recourse exists when their original works are used without permission in new formats—especially in emerging digital ecosystems like NFTs. While copyright law has a limited duration and stricter originality requirements, unfair competition law, including trademark and trade dress principles, provides ongoing protection that can be leveraged in ways copyright cannot. This is especially relevant in the context of non-fungible tokens (NFTs), where the source-identifying function of the digital asset becomes critical. NFTs as Indicators of Source or Authenticity In essence, an NFT (non-fungible token) can serve as… [read more]
Introduction to Intellectual Property Protections
A Strategic Guide to Securing Intellectual Property Across Jurisdictions As companies expand globally, protecting intellectual property (IP) becomes increasingly complex—but also critical. Whether you’re commercializing technology, building a brand, or scaling operations, securing your IP rights across jurisdictions is essential to preserve competitive advantage, prevent unauthorized use, and mitigate legal and financial risk. This blog provides a practical overview of the key considerations when developing and executing an international IP protection strategy. 1. Know the Four Core Types of IP Protection Before developing your strategy, understand the scope of protectable assets: • Patents: Protect inventions, processes, or technical solutions (usually… [read more]
