Legal challenges in the commercialisation of NFTS: a comparative analysis of Europe and Brazil

Abstract

This study examines the legal challenges associated with the commercialization of non-fungible tokens (NFTs) in Europe and Brazil. This paper provides a comprehensive analysis of the European and Brazilian legal frameworks, identifying key legal challenges related to intellectual property rights, consumer protection, taxation, and anti-money laundering (AML) regulations. Through a comparative analysis, we highlight the similarities and differences between the two jurisdictions, as well as best practices for addressing these legal challenges. The paper also discusses recent developments and court decisions, demonstrating the evolving legal landscape for NFTs in both regions. The findings of this paper have significant implications for the future of NFTs in Europe and Brazil, as well as for the broader digital economy, and offer valuable insights for policymakers, legal professionals, and market participants. Additionally, the paper identifies areas for further research, including the impact of technological advancements, the role of smart contracts, cross-jurisdictional issues, and the relationship between NFTs and traditional intellectual property rights.