This article provides information on a new tool in the field of new technology law, i.e., non-fungible tokens (NFTs). NFTs are tools that create records defining the properties of non-exchangeable assets, so they can be used as certificates of authenticity for digital content acquired by users of online platforms. In the author’s opinion, NFTs can thus serve as a new tool to support digital authorial creation. At the same time, in the absence of universal regulations, the author also points to the need for mandatory legal provisions regulating the creation of NFTs. To demonstrate this need, this article will also discuss the relationship between NFTs and copyright and industrial property rights, potential problems with and solutions for the use of NFTs, and demonstrate how NFTs are becoming channels for the commercialization of intellectual property.
The article is an extended version of a paper delivered by the author on 26 April 2022 at the Intellectual Property Law Conference at the University of Gdansk.