Introduction
Blockchain and intellectual property
IP transfers
Copyright
Patents
Comment
“Blockchain” is a system or database through which the authors can current exams via a digital publication, producing a speedy systematisation of the paperwork offered. Blockchain is characterised by two components – specifically:
- immutability; and
- transparency.
These two traits present safety to customers of the database, giving them confidence that their info won’t 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 method, whereas additionally searching for to supply their customers other ways through which they’ll share IP-related info. As an illustration, they may have the potential for importing confidential paperwork. One such database, IPCHAIN, is characterised by its closeness with IP places of work, and has collaborated with associations equivalent 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 regulation agency); and
- the Marie Curie Alumni Affiliation (which represents the pursuits of greater than 10,000 European researchers).
It’s the safety supplied by such platforms that make them enticing within the context of mental property, particularly for delicate operations equivalent to transfers or contractual agreements. An instance of this could be a licence settlement; in observe, it may be tough to detect breaches of such agreements. Nevertheless, the existence of a blockchain system will permit that, if a contract is registered and a breach of the stipulated phrases is detected, the contract will robotically be eradicated.
Blockchain techniques can even play an essential 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 various kinds of work (eg, musical, visible or audiovisual works) to such techniques and retailer them through blockchain. This generates an IP report, which allows the creator to reveal the date on which the work was created.
One other method through which blockchain may be helpful in copyright safety is within the calculation of beneficial properties {that a} composer can get hold of through their musical creation. This calculation may be sophisticated in mild of the truth that it will be tough to maintain a report of each time a specific tune is heard.
An instance of such use is exemplified by the musical database Mycelia, via which customers will pay for and eat various kinds 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 providers return info to the spores. Particularly, information on the place, when and the way individuals work together with our music and who does it. This info is gold powder for artists, as a result of if we all know the way to interpret it, we will 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 many others. Below these contracts, artists could possibly 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.
Blockchain techniques 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 may resolve points equivalent to:
- the price of patents, which causes some house owners to decide on to commercialise their patents with out putting in any safety;
- variations between patent techniques in numerous international locations; and
- so-called “patent trolls”, who purchase patents and request compensation for damages for his or her infringement.
Blockchain presents a collection of benefits that may be helpful within the discipline of mental property. It offers secure and secure data which might be tough to get rid of, enabling customers to retailer up to date copies of data and have management over the operations and knowledge which might be entered into the system. Blockchain techniques can even forestall malicious assaults and end in fewer bills for individuals who use them.
For additional info on this subject 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.