Digital Justice and IP Protection: A Transatlantic Approach to Regulating Nfts, Blockchain, and Copyright Infringement

Abstract

The emergence of blockchain technology and non-fungible tokens (NFTs) has fundamentally transformed the digital landscape, creating unprecedented challenges for intellectual property protection and copyright enforcement across transatlantic jurisdictions. This comprehensive study examines the evolving regulatory frameworks governing digital assets, blockchain-based intellectual property rights, and copyright infringement in the context of NFTs within both European Union and United States legal systems. The research investigates how traditional intellectual property laws are being adapted to address the unique characteristics of blockchain technology, including immutability, decentralization, and cross-border transactions that often transcend conventional jurisdictional boundaries. The study employs a comparative legal analysis methodology, examining recent legislative developments, judicial precedents, and regulatory guidance from key transatlantic jurisdictions including the United States, United Kingdom, Germany, France, and the European Union as a collective entity. Through systematic analysis of case law, regulatory frameworks, and emerging legal doctrines, this research identifies critical gaps in current legal protections and proposes innovative solutions for harmonizing intellectual property enforcement in the digital age. The analysis reveals significant disparities between European and American approaches to blockchain governance, with European jurisdictions typically favoring more prescriptive regulatory frameworks while American systems rely heavily on existing intellectual property doctrines adapted for digital contexts.