A perspective on the legal framework for the protection of NFT digital works Cover Image
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O perspectivă asupra cadrului juridic pentru protecția operelor digitale NFT
A perspective on the legal framework for the protection of NFT digital works

Author(s): Cristian Dumitru Miheş
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, Civil Law
Published by: Asociaţia Ştiinţifică de Dreptul Proprietăţii Intelectuale
Keywords: NFT; digital content; intellectual property; criminal protection;

Summary/Abstract: NFTs are practically the newest form of digital expression – resulting from an activity of intellectual creation. From our point of view, we will argue that these digital works (creations) represent factual assets, even if they have an exclusively digital expression. As a result, they should enjoy legal protection, which is why in this paper we aim to analyze and present a perspective on the legal framework that should ensure the protection of NFT digital works. Thus, we will determine the legal provisions applicable to NFTs in the sense of the legal protection of these creations. We will pay particular attention to the provisions designed to protect these creations from the perspective of Criminal law. At the same time, we will formulate de lege ferenda proposals for the improvement of the existing legal framework in Romania.

  • Issue Year: 2023
  • Issue No: 1
  • Page Range: 24-51
  • Page Count: 28
  • Language: Romanian
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