Truly disruptive inventions are rare.

Such inventions provoke societal debates, arouse many people’s interest, curiosity, or passion, stifle creativity, excite investors, and raise doubts among lawyers. Unquestionably, blockchain technology is a disruptive invention. The many utilities that the blockchain is hatching raise countless legal questions.

The rapid emergence of an ecosystem around non-fungible tokens (NFTs) adds a new front in protecting intellectual property rights in the digital environment. Researchers, lawyers, practitioners, judges, and legislators attempt to provide answers to a series of questions.

What technical-legal terminology to adopt? Is it possible to identify with certainty the creator or the reseller of an NFT? What is the legal regime of an NFT? Can an NFT violate a trademark, a design, or a copyright? Can intermediary operators be held liable for contributory infringement? Will the nebulous ecosystem of NFTs be structured? What will be the role of alternative dispute resolution mechanisms? NFTs and smart contracts also raise the questions of conflicts of laws and conflicts of jurisdictions.

In the months and years to come, state institutions (judges and legislators) will provide answers to these questions.