Pravo žiga i nezamenjivi tokeni (NFT)

Abstract

The internet and platforms for online sales of goods were first significant challenge for traditional trademark law. Social media and e-markets enabled faster and more intensive communication and exchange between traders and consumers, resulting in enhanced importance of trademarks. Mechanisms of trademark protection traditionally designed in accordance with the territoriality principle needed new forms which could overcome shortcomings of common legal remedies, such as alternative dispute resolution methods and special protection policies established intermediaries enabling different interactions on the internet. New technologies and recent development of virtual realities bring new challenges for trademark law, which may lead to redefining of its traditional rules. Non-fungible tokens, metaverse and virtual products bring new forms of assets and new possibilities for financial transactions and profits. Special attention is focused on intellectual property and its protection in new circumstances. The Author of this paper tends to explore challenges the trademark law is facing with, and will analyze some of the first disputes from the practice. In addition, the Author tends to confirm if the existing domestic legal framework is capable to provide necessary support to right holders in these new circumstances of exchange.