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ARTICLE · 26 JULY 2022

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Intellectual Property Rights And NFTs (Video)

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In today's WH Insights episode, Galyna Podoprikhina (Associate WH Partners) talks about intellectual property rights and NFTs.

MaltaIntellectual Property
Galyna Podoprikhina
Galyna Podoprikhina
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In today's WH Insights episode, Galyna Podoprikhina (Associate WH Partners) talks about intellectual property rights and NFTs.

Intellectual Property rights and NFTs are amongst the most topical issues in the sector.

Minting an NFT for a digital asset containing art, music or trademarks that creators do not own or have a valid licence to use, could land them in serious legal trouble.

One of the headline-making examples of possible trademark infringement involving NFTs is the Hermes vs Rothschild lawsuit. Hermes claims that Rothschild's metabirkins infringe its federally registered Birkin trademarks. Rothschild is counter-arguing that their metabirkins are not commercialized assets. He argues that they are speech, art and expression, the freedom of which is protectable under the US law, where the case is being heard.

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