By: Erland Cerdan
Since its public debut in 2008 as the underlying technological framework for the famous cryptocurrency, Bitcoin, blockchain has grown in popularity.[1]The reason for this rise in fame can be attributed to the fact that since its inception with Bitcoin, blockchain technology has gone on to be used in a myriad of different ways, such as the creation of smart contracts and managing the supply chain.[2]This versatility in use is one of the many reasons that government entities should incorporate blockchain into their everyday use; in particular, both, the United States Copyright Office (“USCO”) and the United States Patent and Trademark Office (“USPTO”) should adopt blockchain technology.[3]
Blockchain is a “shared, immutable ledger that facilitates the process of recording transactions and tracking assets in a business network.”[4]This means that blockchain is a ledger that is kept on multiple computers across the network of those who have access to the blockchain, known as nodes, with no one central authority in control of the blockchain.[5]This also means that in order to change any aspect of data within the blockchain, these changes need to be authenticated with the other nodes on the network.[6]This renders the blockchain “near unhackable.”[7]As a result, blockchain has the inherent traits of being both trustworthy and transparent, which is why it would make an invaluable tool for the management of intellectual property.
Some lawyers believe that the future of the legal industry will utilize blockchain technology.[8]However, as it is still in its nascent stage , the majority of people have yet to begin to adopt its usage in their everyday business practices, and even when utilized, if the underlying technology is not used correctly, the benefits that blockchain brings to a business may not be reaped.[9]But because the majority of businesses and individuals are eventually going to implement blockchain technology into their daily business practices, including the management of their copyrighted works, trademarks and patentable innovations, because it is better than the resources currently available, it makes sense for the USCO and USPTO to use blockchain in their registries.[10]
This adoption would mean that eventually individuals and small business owners who do not have access to lawyers, or legal aid, could simply record the creation of their creative works or scientific ideas onto the blockchain registry controlled by the USCO and USPTO, and have a secure database that has proof of the ownership of their work.[11]For intellectual property that acquire rights upon their creation, such as a copyright, this would mean that upon its formation the author could simply create a block on the blockchain within the USCO’s registry.[12]Eventually, if the author were to choose to register the work, then the officer at the USCO would be able to see the life of the copyright and input the date an application was filed as well as when the registration was granted.[13]
Blockchain technology, if used by the USCO and USPTO intellectual property registries, would not only be revolutionary for its efficiency and transparency, but also because it would make intellectual property management and registration more accessible to the masses.
[1]Michael Crosby et. al, Blockchain Technology: Beyond Bitcoin, University of California Berkeley Sutardja Center for Entrepreneurship & Technology Technical Report 1, 5 (2015); Anna Ledia Mölder, How blockchain can change how we view IP rights, AWA Point, (Nov. 2018), https://awapoint.com/blockchain-can-change-view-ip-rights/.
[2]An Introduction to Blockchain, University of Virginia, 3-4 (Dec. 2017).
[3]Blockchain technology and IP, Taylor Wessing, (Mar. 2017), https://www.taylorwessing.com/download/article-blockchain-technology-and-ip.html.
[4]Manav Gupta, Blockchain for Dummies: 2nd IBM Limited Edition, IBM 3, (2018).
[5]Mölder, supranote 1.
[6]Id.
[7]Birgit Clark, Blockchain and IP Law: A Match made in Crypto Heaven?, WIPO MAGAZINE (Feb. 2018), https://www.wipo.int/wipo_magazine/en/2018/01/article_0005.html.
[8]Ted Mlynar & Ira Schaefer, Episode 38: Blockchain and IP, Fordham Intellectual Property, Media & Entertainment Law Journal (2017), http://www.fordhamiplj.org/2017/11/10/episode-38-blockchain-ip-featuring-ted-mlynar-ira-schaefer/.
[9]David Furlonger & Christopher Uzureau, The 5 Kinds of Blockchain Project (and Which to Watch Out For),Harvard Business Review, (Oct. 2019).
[10]Taylor Wessing, supra note 3.
[11]Id.
[12]Clark, supra note 7.
[13]Id.
