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ARTICLE · 29 NOVEMBER 2022

The U.S. Copyright Office And USPTO Announce A Joint Study On NFT-Related IP Issues

Pillsbury Winthrop Shaw Pittman
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Yesterday, the U.S. Copyright Office (USCO) and U.S. Patent and Trademark Office (USPTO) announced a joint study on IP issues related to NFTs.

United StatesIntellectual Property
Sam Eichner
Sam Eichner

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Yesterday, the U.S. Copyright Office (USCO) and U.S. Patent and Trademark Office (USPTO) announced a joint study on IP issues related to NFTs. This follows a Congressional request by senators Leahy and Tillis that the Offices explore these issues. Today, the Offices will publish a Notice of Inquiry (unpublished version can be found here), with a notice-and-comment period to follow, seeking stakeholder/private industry feedback on the following topics:

  • Current/proposed uses of NFTs in industry
  • Any IP-related challenges and opportunities associated with NFTs
  • The impact of NFTs on production of materials protected by IP rights
  • The uses of NFTs (and challenges of using NFTs) to document authenticity of goods, transfer assets, obtain IP rights, transfer/license IP rights, manage digital rights, facilitate royalty payments, and enforce IP rights

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