When my NFT is stolen from my wallet, do I lose the commercial use rights for the IP?

Select jurisdiction

Germany
  • Germany
  • Italy
  • Denmark
  • Brazil

Germany

No, as the commercial rights were transferred by (separate) license agreement to the legitimate holder.

Stefan Ellenberg

IP

Italy

As a matter of principle, the fact that the NFT has been stolen does not impact the commercial use rights of its legitimate owner, as long as the theft can be proved from a technical point of view.

Lydia Mendola

IP lawyer

Denmark

No, these rights are not lost, when an NFT is stolen. This is because the NFT and
the IPR do not necessarily follow each other in a traditional sense from wallet to wallet.

Eugen Faraj

Lawyer - IP, crypto, tax, finance, blockchain, commerce

Brazil

Commercial Rights and Intellectual Property Rights have different legal regimes. Regarding intellectual property rights, moral rights would still remain with the author of the work, and property rights would need to be verified by contract. Regarding commercial rights, it would be necessary to verify by contract regarding the loss of the NFT, but it is possible that commercial rights are linked to the token, that is, licensed to the holder of this asset.

Fabio Cendão

Intellectual Property and Innovation

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