Research on Legal Issues of Blockchain Application in Intellectual Property

Introduction

1. The UK IP framework and its challenges

This section will elaborate on the UK IP framework and the issues facing the traditional system of
managing and protecting IP.

1.1 UK Intellectual Property Framework

This section looks at the current legal framework for IP in the UK and the changes to the IP
system post-Brexit.
1.2 Challenges to the traditional IP system
1.2.1 Lengthy and costly procedures to establish IP rights (need to find specific cases or data to
support this)
1.2.2 Geographical constraints: lack of harmonisation and coordination
1.2.3 Rapid expansion of both claims and infringements in the digital age (need specific data to
support 'expansion')

2. Technical advantages of using blockchain for IP

This section will cover the blockchain in detail. This includes what blockchain is, what features it
has, and how these features will better serve the IP system. This will be followed by examples of
some of the platforms that now exist that use blockchain for IP. Finally, a case study will be
presented to demonstrate the advantages of blockchain-enabled IP systems.

2.1 Blockchain overview

2.1.1 The concept of blockchain
2.1.2 Features of Blockchain
a) decentralisation, b) distributed ledger and consensus mechanism, c) tamper-proof, d)
open and transparent information.
2.2 Blockchain in the service of intellectual property
From IP rights recognition to trading and enforcement perspectives, this section describes
how blockchain can use its technical features to enhance the management and protection of
intellectual property。
2.3 Practical examples of the use of blockchain in intellectual property
2.3.1 Reality platform
Today, several companies use blockchain technology to register and protect intellectual
property, including Binded (which has been acquired by Pixsy), Pixsy , Loci, IPchain and
Mediachain etc. Through these media, individuals can not only find various works, but also
use and trade them in a way that does not infringe the rights of the creators.
2.3.2 Legal cases: the case for forensics via blockchain
This section will demonstrate the use of blockchain technology for evidential proof of
intellectual property rights through a case study.
 Huatai Yimei Ltd. v. Daotong Ltd., Hangzhou Internet Court [2018] Civil Nr. 81. (tentatively
this case)

3. The challenges of using blockchain in intellectual property

While the previous section analysed the technical advantages of using blockchain in the IP
system, this section focuses on some of the limitations of using blockchain in IP. That is, the
feasibility analysis of whether blockchain can be used in the intellectual property industry

3.1 Legal challenges of blockchain operations in intellectual property

3.1.1 The validity of confirming and defending rights is not yet clearly recognized in law
3.1.2 Blockchain proof power not yet clearly recognised
3.1.3 Lack of central agency regulation (I have some doubts about this subsection, after all,
decentralization is the prominent focus of blockchain technology, but it may have negative
implications for legal regulation)
3.2 Limitations in the development of blockchain technology itself
3.2.1 Technology not yet fully mature
3.2.2 High cost of blockchain systems
3.2.3 Anonymised network systems breed grey industries

4. Recommendations, Discussion and Outlook

This section will provide targeted and reasoned recommendations around the legal issues
presented above. It then discusses whether blockchain can better serve the IP system in its
current form, and where and potentially how blockchain can impact on transforming it in the IP
space, and finally the paper will highlight the future prospects of blockchain for IP, including
emerging trends, industry collaboration and the potential impact of blockchain on the IP
ecosystem.

4.1 Recommendations
a) Clarify the boundaries of government regulation
b) Recommendations for legal regulation of real names in blockchain networks
（ Further adjustments are needed and the opinion should ideally be matched to the issue
under appeal.）
4.2 Assessment and discussion
（This section should raise some academic doubts about the use of blockchain in intellectual
property and the views of this paper。）
4.3 Future perspectives

Conclusion