نوع مقاله : مقاله پژوهشی
نویسندگان
1 گروه حقوق خصوصی دانشکده حقوق و علوم سیاسی دانشگاه تهران، تهران ، ایران
2 گروه حقوق خصوصی، دانشکده حقوق و علوم سیاسی، دانشگاه تهران، تهران، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
The advancement of technology leads to the creation of new tools. One of these tools is non-fungible tokens. Non-fungible tokens, which are described as unique digital assets, are built based on blockchain technology. In this short time of their appearance, these tokens have created new questions related to IPR and, most importantly, the infringement of various IPR. The tokens in question have created a paradigm shift in how we interact with and understand digital assets. Legal structures need to be reviewed to address the legal implications of these technological developments. This paper studies issues related to trademarks and these tokens, has been done in a descriptive-analytical way using library resources. In cases where a non-fungible token represents a particular trademark or indicates the goods or services of a particular trademark, it examines whether the creator of such token, if he or she is not the owner of the trademark, has infringed the trademark owner's rights. Finally, it concludes that although verifying the criterion of infringement in the second type of infringement seems more likely, we cannot provide a general rule for all the cases. In every single case, a decision must be made according to its specific circumstances.
کلیدواژهها [English]
