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HomeJournalsYildiz Journal of Art and Design10.47481/yjad.1841541
YJYildiz Journal of Art and Design
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Article Open Access1 January 2025

An examination of blockchain-based NFTs from the perspective of intellectual and industrial property

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Ali Murat KIRIK*, and İsmail KEKLİK

Yildiz Journal of Art and Design 2025, Vol. 12, Issue 2, pp. 124-131; doi.org/10.47481/yjad.1841541

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Abstract

With the development of blockchain technology, non-fungible tokens (NFTs) have introduced a new dimension to the ownership and circulation of digital assets. NFTs technically represent ownership information associated with a digital asset and are widely used, particularly in the fields of digital art, collectibles, and virtual assets. However, the legal nature of NFTs and their position within the existing system of intellectual and industrial property law have given rise to significant debates in both practice and legal doctrine. This study aims to examine block-chain-based NFTs from the perspective of intellectual and industrial property law. In this con-text, the relationship between NFTs and copyright, trademark, and design rights is analyzed, and the legal implications of NFT transfers on the moral and economic rights attached to works are evaluated. Furthermore, contemporary legal issues such as unauthorized minting and sale of NFTs, trademark infringements, and the identification of rights violations in digital environments are examined. The study also discusses whether the current legal framework is sufficient to address disputes arising from NFTs and provides assessments and recommenda-tions aimed at ensuring legal certainty.

Keywords: Blockchain; intellectual and industrial property law; NFT; copyright

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KIRIK, A.M.; KEKLİK, İ. An examination of blockchain-based NFTs from the perspective of intellectual and industrial property. Yildiz Journal of Art and Design 2025, Vol. 12, pp. 124-131. https://doi.org/10.47481/yjad.1841541

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Publication History
Published1 January 2025
Versionv1
AccessOpen Access
10.47481/yjad.1841541
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