Intellectual Property Considerations for Digital Assets (5/28/24)

Intellectual property protections of non-fungible tokens (NTFs) is a hot topic. In this seminar we will take a deep dive into the design and creation of digital assets and the mechanisms that allow for their creation and transfer. We will then introduce (NFTs), a type of digital asset, and the case we will use to address intellectual property considerations for digital assets. We will discuss these issues and propose solutions. We will also address the March 12, 2024 report from the USPTO and USCO to Congress on NTFs and intellectual property. 

Topics and Speakers:
Introduction to Digital Assets and the Look at Non-Fungible Tokens as Our Intellectual Property Use Case
This presentation will set the stage for today’s discussion with a detailed introduction to digital assets, what are they, how they are created, transferred, and the types of people involved in the markets. Also introduction of NTFs, a type of digital asset that we will be addressing today in our discussion of intellectual property concerns.
Andie Kramer, Founding Member, ASKramer Law LLC 

The Changing Landscape of Trademarking NFTs
This presentation will take a global look at trademarking NFTs. Additional topics will include review the trademark protections available to NFTs, why an individual or an organization would want to secure a trademark for their NTFs, a look at the changing legal landscape for trademarking NTFs, and the process of obtaining a trademark for an NFT.
Megan Archibald, Associate, O’Hagan Meyer 

What Can Be Protected and How Can It Be Done
This presentation will focus on procuring intellectual property on digital assets at the USPTO and USCO, addressing recommendations and risks, including a summary of the March 12, 2024 report to Congress from the USPTO and USCO entitled Non-Fungible Tokens and Intellectual Property, what property rights can be protected, and how these property rights can be traded and licensed.
Anne M. Burkhart, CEO, Excellere IP 

Moderators:
Brett A. Manchel, Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP
Manon Burns, Amin Wasserman Gurnani
Chairs, CBA Intellectual Property Law Committee
Victoria Hanson, Irwin IP, Vice Chair, CBA Intellectual Property Law Committee

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