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; the transition from Web 2.0 to Web 3.0 represented a significant evolution in the way we interact with the internet.
Given that Web 2.0 focuses on interactivity and user content creation, Web 3.0 takes these capabilities a step further 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 the management of intellectual property and providing safer, more transparent and efficient tools for users – creators.
The adoption of Blockchain, NFTs and Smart Contracts enables new forms of monetization, control and protection of digital assets, but it also presents technical and regulatory challenges that must be addressed for its full implementation and adoption.
When using smart contracts, it's important to understand that they automate and execute agreements transparently and without intermediaries. How is this possible? The answer seems simple, but it actually involves a series of steps and tools.
Simply mentioning that Blockchain technology is used would be a very simple answer; in practice, several factors come into play during the contract construction process to make it truly useful.
Firstly, Blockchain, or chain of blocks, is a decentralized ledger technology that allows for maintaining a secure and transparent database of transactions or data.
How does Blockchain work? It works through a data structure organized into sequentially linked blocks. Each block consists of either a set of data or a hash. This hash is a cryptographic algorithm that simulates a digital fingerprint because it is unique. Therefore, for Blockchain to function, it requires a hash of the previous block and its own hash, which represents a value and/or rights within the entire virtual ecosystem of a metaverse.
How does this theory apply to practice?
Traceability and transparency in IP management facilitates Blockchain's ability to reduce the incidence of infringements and plagiarism in various digital assets.
A practical example is in the case of a literary work, musical piece, digital art, etc., created to be sold to multiple buyers. This should be done through a Smart Contract: in which the work is placed on a token – an NFT – using Blockchain technology, and the sales clauses stipulate the division of sales into 100 copies, so that there are automatically 100 buyers for those NFTs (literary work).
In the case of a transfer of economic rights of a work, it is handled in the same way, only the commands to direct the transfer to a third party change and the wallet for the author's royalties is added.
These two examples are done quickly, efficiently, and in a decentralized manner, 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. It does not require SENADI for assignment, transfer, licensing, or other contracts.
How to protect digital assets/art in the physical world?
This protection, which exists in the metaverse, is materialized in physical life when it is registered, for example, as a trademark in Nice Class No. 9 as a trademark for an NFT product: Digital downloadable files authenticated by non-fungible tokens. This new classification came into effect on 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
