AIPLA Comments on Joint Study on Non-Fungible Tokens (NFTs) and Intellectual Property

Written February 8, 2023

Arlington, VA. February 8, 2023 - The American Intellectual Property Law Association (AIPLA) submitted comments to the United States Patent and Trademark Office and the United States Copyright Office in response to their joint study on the issues of intellectual property law and policy associated with non-fungible tokens (NFTs).

The comments expressed support for the joint study and acknowledged the potential of NFTs to revolutionize the way in which digital assets are created, managed, and traded. They also recognized the importance of clarifying the intellectual property laws and policies related to NFTs in order to ensure the proper protection of NFT creators and owners.

A key issue addressed in the comments was the definition of NFTs. The comments suggest a broadened framework for understanding NFTs. For example, it should include not only digital assets but also physical assets, rights, etc., that are linked to digital tokens. A proper understanding of the technology is essential for allowing effective protection of NFTs as intellectual property and would ensure that NFT creators and owners can enforce their rights in the event of infringement. Additionally, the comments emphasized the importance of considering the unique attributes of NFTs, including their non-fungible nature and their potential to change the way in which value is assigned to digital assets. Overall, the comments highlight the need for a clear and comprehensive understanding of NFTs in order to support the continued growth and development of the NFT industry.


To view the complete comments, please download the comment letter posted to the right of this page.