Blockchain, transforming Intellectual Property
In recent years, blockchain has gained relevance due to the advantages and disruptive solutions that such technology offers in various sectors. In the legal field, specifically in the field of Intellectual Property (IP), the blockchain becomes a key ally for rights holders or owners, since it allows to register, protect and commercialize intangible assets in a simpler, more reliable and economical way. For securely trading cryptocurrencies check Cryptex.
The traceability that the technology has with respect to the records or transactions carried out, the authenticity through a network of nodes, the immutability of the data contained in the blockchain and the possibility of consulting the transactions in a distributed ledger, provide transparency and reliability to the operations that, under it, are carried out.
With the above in mind is that the use of blockchain in IP becomes a transcendent and convenient factor to use, because in the first instance, it provides immediacy and confidentiality of registration to the holders, creators or inventors, granting them the possibility, not only to prove a certain date of existence of any verified digital file, but the ability to demonstrate, when required by law (as evidence) that a document has been preserved and presented in its original form for the defense of its rights.
At that point, it should be noted that this requirement is satisfied if it is proven that the information generated, communicated, received or archived by electronic means or any other technology, has remained complete and unchanged from the moment it was first generated in its final form and can be accessible for subsequent consultation; Features that the blockchain can help to demonstrate easily.
Blockchain is also a viable alternative for the protection of industrial secrets that, for many companies, represent the most valuable intangible asset, sometimes becoming equal to or more important than patents. Although the use of the blockchain by itself is not enough, since a whole framework of protection must be created around the industrial secret (physical, computer and legal measures), the truth is that it provides an excellent protection tool for the holder of sensitive information or industrial secrets.
The foregoing, in addition to making its management and protection feasible, would allow the holders to initiate actions against whoever is responsible for a misappropriation or disclosure of this confidential information.
Regarding the commercialization and monetization of assets, blockchain allows to automate business processes by executing specific codes for the control of the asset, ranging from early stages of the creation process to the distribution and sales of these. Due to the traceability feature, this technology becomes perfect for preventing or combating piracy and counterfeiting.
In turn, the fact that it allows the automated payment of royalties for each transaction that the asset suffers, positions it as a fundamental means to make transparent and provide security to commercial relationships that, to date, presents challenges or problems. A clear example can be franchises, which in the "traditional" market present important challenges, however, with the technology in question, transactions between the franchisor and its franchisees can be transparent and facilitated, giving them trust and information with a higher level of authenticity and integrity.
Therefore, and in conclusion, blockchain grants for the benefit of IP multiple solutions that can support holders to improve the management, protection and commercialization of assets, either in the indicated areas or in different areas such as the claim of paternity of a work (right of paternity), verification of the date of first use of a certain asset, as well as its effective commercial use, management of IP contracts, parallel imports, among others. In such a way that, as the modalities of use of this technology continue to diversify, we will be able to adapt the current needs to the future solutions.
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