Intellectual Property (NFTs, ETC.)

NFTs and digital collectibles create novel IP challenges: who owns the underlying artwork, what rights transfer with the token, and how are creator royalti…

Intellectual Property (NFTs, ETC.) covers legal assessment, document preparation and implementation support in Europe. It is typically relevant to businesses, investors and organisations operating or transacting in one or more countries. The precise rules, competent authority and procedure depend on the subject matter, jurisdiction and facts, with EU and national law considered together.

Key points

  • Scope is determined by the specific service and countries involved.
  • EU law operates together with current national legislation.
  • Documents and contractual mechanisms are tailored to the facts and objectives.
  • Outcomes and timing depend on the parties, authorities and procedure involved.

Jurisdiction and applicable framework

The applicable framework depends on the subject of the service, governing law and countries in which the structure or transaction has effect. EU law and current national legislation are assessed together.

NFTs and digital collectibles create novel IP challenges: who owns the underlying artwork, what rights transfer with the token, and how are creator royalties enforced on secondary markets? We advise minters, platforms, and collectors on IP ownership, licensing structures, and the regulatory treatment of NFTs that may constitute financial instruments.

We draft mint-and-sale terms that clearly delineate between ownership of the token and the intellectual-property rights in the associated content, avoiding the ambiguities that generate disputes and regulatory scrutiny.

Where NFTs are fractionalized, bundled into investment products, or marketed with profit expectations, we assess whether the offering triggers securities-law or MiCA obligations and structure accordingly.

What this includes

  • NFT IP-ownership & licensing structuring
  • Mint-and-sale terms drafting
  • Platform terms of service
  • Regulatory-classification assessment
  • Creator-royalty enforcement mechanisms

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