EXCO/FR22/RES/008
STRENGTHENING THE PRACTICE OF THE INDEPENDENT IP ATTORNEY
www.ficpi.org
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Resolution of the World Congress and Executive Committee
Cannes, France, 25 to 29 September 2022
“
Guidance for protecting NFTs as Trade Marks
”
FICPI
, the International Federation of Intellectual Property Attorneys, broadly representative
of the free profession throughout the world, assembled at its World Congress and Executive
Committee held in Cannes, France, 25 to 29 September 2022, passed the following resolution:
RECOGNISING
that the market of non-fungible tokens (NFTs) has grown dramatically in the
past couple of years and that NFTs are now key financial and legal tools;
NOTING
that legal rights conveyed by NFTs can be uncertain;
OBSERVING
that digital artwork authenticated by NFTs are not always accepted as trade
marks in various jurisdictions, whereas in some jurisdictions the rules of registrability are not
clear;
FURTHER OBSERVING
that the classification of NFTs and the virtual goods associated with
them has caused issues;
FURTHER NOTING
that Trade Mark Offices still have no clear approach to the comparison of
virtual goods with real world goods during examination, opposition and cancellation
proceedings;
ALSO OBSERVING
that Trade Mark Offices have not provided guidance on the use of NFTs as
trademarks, the proof of use of NFTs in connection with opposition and cancellation
proceedings (including cancellation for lack of use) and with relation to the registration of
trademarks in jurisdictions where use or intent to use is required;
URGES
Trade Mark Offices and legislators to:
(a)
provide guidance on the registration of digital artwork authenticated by NFTs,
particularly in respect of ownership and proof of use (where applicable);
“
Guidance for protecting NFTs as Trade Marks”
EXCO/FR22/RES/008
STRENGTHENING THE PRACTICE OF THE INDEPENDENT IP ATTORNEY
www.ficpi.org
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2
(b)
provide guidance on the classification of NFTs and / or the virtual goods
associated with NFTs; and
(c)
provide guidance on the comparison of virtual goods with real-world goods
during examination, opposition and cancellation (including cancellation for lack
of use) proceedings.