디지털 시장에서의 소유권 전쟁의 서막 - NFT가 IP 산업에 미치는 영향을 중심으로 -

Abstract

Recently, digital artworks based on NFT (Non-Fungible Token) have often been sold at high prices, drawing a lot of attention. It is time to carefully examine whether NFT is an important technological means to bring new life to the digital art trade and copyright market, or is it just a mirage caused by some fanatics and irrational overheating. Therefore, this study examines the impact of NFT on the IP industry. To help understand NFT, the technologies underlying the creation and transaction of NFT, such as Blockchain, Bitcoin, and Ethereum, are explored. And based on this understanding, what NFT is and why it is creating a craze, the concept, characteristics, creation and transaction method of NFT, utilization and its limitations are reviewed. Transactions through NFT are expected to cause various confusion in the area of intellectual property law. In conjunction with digital transformation, it will accelerate the ‘digitization of assets’ and deepen the separation of ownership and copyright over digital assets. The conflict between ownership and copyright is expected to develop into the question of whether the doctrine of rights exhaustion is applied to digital works and whether the exercise of copyright can be restricted. Also, due to the decentralized nature of NFT, the role of intermediaries who mediate creators and consumers will be reduced, and it seems necessary to discuss whether it is appropriate to apply the current online service provider exemption scheme to the responsibilities of NFT trading site. In addition, in the patent and trademark system, it is expected that a problem will arise whether transactions through NFTs can be subsumed into ‘practice’ under the Patent Act or ‘use’ under the Trademark Act. And as NFT is used as a technical means to authenticate the ownership of digital assets, it is expected to become a catalyst for making the fandom industry and game industry larger. It is time for regulators and lawyers to take creative approaches and new perspectives to become laws and systems that play a role in helping science and technology can be used for humans, not as a means of hindering development and innovation.