Blockchain and its function in mental property – Commentary

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Introduction
Blockchain and intellectual property
IP transfers
Copyright
Patents
Comment

Introduction

“Blockchain” is a system or database by which the authors can current checks by means of a digital publication, producing a fast systematisation of the paperwork offered. Blockchain is characterised by two parts – particularly:

  • immutability; and
  • transparency.

These two traits present safety to customers of the database, giving them confidence that their data is not going to be hacked.

Blockchain and mental property

When blockchain merges with mental property, this ends in databases that intention to guard authorship in a secure and straightforward manner, whereas additionally in search of to supply their customers alternative ways by which they’ll share IP-related data. As an example, they may have the potential for importing confidential paperwork. One such database, IPCHAIN, is characterised by its closeness with IP workplaces, and has collaborated with associations corresponding to:

  • World Mental Property Group (WIPO) Inexperienced (a WIPO affiliation that promotes the innovation and diffusion of applied sciences);
  • the Dennemeyer Group (the world’s largest IP legislation agency); and
  • the Marie Curie Alumni Affiliation (which represents the pursuits of greater than 10,000 European researchers).

IP transfers

It’s the safety provided by such platforms that make them engaging within the context of mental property, particularly for delicate operations corresponding to transfers or contractual agreements. An instance of this is able to be a licence settlement; in observe, it may be tough to detect breaches of such agreements. Nevertheless, the existence of a blockchain system will enable that, if a contract is registered and a breach of the stipulated phrases is detected, the contract will routinely be eradicated.

Copyright

Blockchain methods can even play an vital function in regard to the demonstration of creation within the case of copyright. This demonstration is what prevents creations being copied by third events. Customers can add several types of work (eg, musical, visible or audiovisual works) to such methods and retailer them by way of blockchain. This generates an IP document, which permits the creator to show the date on which the work was created.

One other manner by which blockchain may be helpful in copyright safety is within the calculation of positive aspects {that a} composer can receive by way of their musical creation. This calculation may be sophisticated in gentle of the truth that it might be tough to maintain a document of each time a specific track is heard.

An instance of such use is exemplified by the musical database Mycelia, by means of which customers pays for and eat several types of music. This database was created by singer Imogen Heap, who revealed her motivation for creating it in an interview:

One of many norms ought to demand that each one companies return data to the spores. Particularly, knowledge on the place, when and the way folks work together with our music and who does it. This data is gold powder for artists, as a result of if we all know how you can interpret it, we are able to get to know our viewers higher and create alternatives to advertise our work extra successfully and procure an financial reward for our work.

In accordance with one other norm, we might use “good contracts” that outline the authorized agreements associated to the creation and use of a piece in all types of contexts – weddings, promoting campaigns, and so on. Beneath these contracts, artists may very well be knowledgeable {that a} transaction has occurred and all those that have participated within the creation would obtain the cost of the corresponding royalties every time the work is used.

Patents

Blockchain methods additionally search to be helpful on this planet of patents, and there have been debates relating to the function of this method on this regard. It has been proposed(1) that blockchain might resolve points corresponding to:

  • the price of patents, which causes some homeowners to decide on to commercialise their patents with out setting up any safety;
  • variations between patent methods in numerous international locations; and
  • so-called “patent trolls”, who purchase patents and request compensation for damages for his or her infringement.

Remark

Blockchain presents a sequence of benefits that may be useful within the subject of mental property. It offers secure and secure data which can be tough to remove, enabling customers to retailer up to date copies of knowledge and have management over the operations and knowledge which can be entered into the system. Blockchain methods can even forestall malicious assaults and end in fewer bills for individuals who use them.

For additional data on this matter please contact Evelyn Dueñas Morales at OMC Abogados & Consultores by phone (+51 1 628 1238) or e mail ([email protected]). The OMC Abogados & Consultores web site may be accessed at omcabogados.com.pe.

Endnotes

(1) See, for instance, Philip Boucher, Unidad de Previsión Científica, “Como puede cambiar nuestra vida la tecnología de la cadena de bloques”, Servicio de Estudios del Parlamento Europeo.

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