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ARTICLE · 29 NOVEMBER 2022

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Tokenization, Ownership And Intellectual Property Rights

Mayer Brown
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Tokenization is the process of taking real-world assets and having them represented by digital tokens that can be traded on a blockchain.

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Tokenization is the process of taking real-world assets and having them represented by digital tokens that can be traded on a blockchain. Tokenization can be a valuable tool for automating business processes and facilitating investment in fractional portions of an asset. However, the success of any tokenization project depends on the laws applicable to the asset being tokenized and the terms and conditions governing the project. Contrary to what some might think, rights in the asset represented by a token do not generally transfer to a buyer on the sale of the token.

Background

Any value or right can generally be represented through a unique token that may be transferred and stored electronically using blockchain or similar technology. The process of mapping values (including real-world assets) to a token is commonly referred to as tokenization. Tokenization is expected to be leveraged in all kinds of assets, such as real estate, equities, and bonds.

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This Mayer Brown article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.

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