The increasing popularity of non-fungible tokens
("NFTs") has raised a number of
interesting issues from an intellectual property law perspective,
both for businesses who operate NFT resale platforms and those
which sell NFTs via such platforms. We have outlined, by way of
example, some of the issues we have recently advising on in this
article.
Directive 2019/790 – Intermediary Liability for
Copyright-Infringing Content
The controversial Article 17 of Directive (EU) 2019/790 on
copyright and related rights in the Digital Single Market,
implemented in Ireland by S.I. 567/2021 (together the
"DSM Regulations"), has been a source of
concern for "online content sharing service providers"
("OCSSPs"), as defined under the DSM
Regulations. Such entities are subject to new obligations to ensure
copyright-infringing content is not uploaded to their platforms,
which include, for example, a positive obligation to seek
authorisation from the rightholder for any uploads. If
