This is an article written by the Intellectual Property and Privacy Area, with an educational focus.
Since the creation of computers and the Internet, the trend of being connected to networks has emerged, since the transition from Web 2.0 to Web 3.0 represented a significant evolution in the way we interact with the Internet.
Considering that Web 2.0 focuses on interactivity and user creation of content, Web 3.0 takes these capabilities a step forward by providing a more secure, private, and decentralized environment.
Thus, Web 3.0 introduces advanced concepts through the use of Blockchain technologies, offering new opportunities and challenges for users and developers alike, by revolutionizing intellectual property management and providing more secure, transparent and efficient tools for users – creators.
The adoption of Blockchain, NFTs and Smarth Contracts – smart contracts allows new forms of monetization, control and protection of digital assets, without neglecting the fact that it also presents technical and regulatory challenges that must be addressed for its full implementation and adoption.
To use Smart Contracts, it must be taken into consideration that these contracts automate and execute agreements transparently and without intermediaries. How is this possible? The answer seems simple, but in reality a series of stages and tools are involved.
If it is only mentioned that Blockchain technology is used, it would be a very simple answer; In practice, several factors intervene within the contract construction process for it to be truly useful.
First of all, Blockchain, or chain of blocks, is a decentralized registry technology that allows maintaining a secure and transparent database of transactions or data.
How does Blockchain work? It works through a data structure that is organized in sequentially chained blocks, each block is composed of either a set of data and a hash. This hash is a cryptographic algorithm that simulates a fingerprint because it is unique, so for the Blockchain to work per se, a hash of the previous block and its own hash are needed, which in itself represents a value and/or rights within of the entire virtual ecosystem in a metaverse.
How is this theory applied to practice?
Traceability and transparency in IP management means that Blockchain can reduce the incidence of infringements and plagiarism in various digital assets.
An example in practice is in the literary, musical, digital art work, etc., created, in order for it to be sold to several buyers, it must be done through a Smart Contract: in which we put the work in a token – nft through Blockchain technology, and in the sales clauses by dividing the sales into 100 copies, so that there are automatically 100 buyers of those nft (literary work)
In the case of a transfer of economic rights to a work, it is handled in the same way, only the commands change to direct the transfer to a third party and the wallet for the author's royalties is added.
These two examples are done quickly, agile, and decentralized without the need for an authority. Blockchain, being a decentralized and transparent system, eliminates the need for intermediaries and guarantees the integrity of information related to intellectual property. You do not need SENADI for assignment, transfer, license, etc. contracts.
How to protect digital assets/art in the material world?
This protection that exists in the metaverse is materialized, in physical life, at the time of registering it, for example as a trademark in class nice No. 9 as a trademark product of nft: Downloadable digital files authenticated by non-fungible tokens., this new classification came into effect from January 1, 2023.
In summary, Web 3.0 generates new forms and sources of IP protection due to the innovative opportunities that are currently presented and the enthusiasm of Internet users to create and develop new things in the metaverse.
Author: Sofia Gómez Illescas
