Complex Interconnection of Blockchain Technology and Intellectual Property in Cross-border Private Law Relations

Abstract

With development of cross-border private relations in the digital space, use of blockchain technologies can also become a means of protecting rights of intellectual property. Blockchain ledger can serve as an evidentiary base of originality, novelty of the object of intellectual property, confirmation of the primary right of ownership and thus be a means of protecting and using intellectual rights simultaneously in several states. That technology can be used by developers of patentable objects, trade secrets, by creating a digital record confirming ownership, existence and integrity of an object, or part of the patent information on a specific date. Use of that technology is also relevant in the context of a trademark protection system in cross-border relations and can be implemented to provide trademark holders with safe means of proving the first and continuous use of the corresponding designation. Copyright holders have opportunity to create an evidence base in the blockchain-ledger, confirming their personal non-property, as well as exclusive rights, by depositing them in electronic form and ordering. Blockchain-registry also provides fixation of the transfer of exclusive rights. In world practice, there is a reverse trend of using patenting tools to protect technologies mentioned. The processes of harmonization of relations implemented by that technology also occur. The UNCITRAL Model Law on Electronic Transferable Records of 2017 is being considered. The record in the blockchain-ledger can be such an electronic transferable record, since it satisfies criteria of the Model law. Use of blockchain technologies in cross-border relations, which simplifies and accelerates the interaction of subjects, also gives rise to a conflict of law issues. A blockchain-ledger can be considered as a self-regulating system operating on the basis of registry order, which can be designated as Lex Registrum. It seems to be an emerging casual law order that can be selected by parties to private relationships using that technology to implement them. Lex Registrum is not absolutely universal law order. In each case, the implementation of technology mentioned, potential of which is not fully disclosed, can form regulatory standards. However, the general conflict of laws rules applied by court to find a competent law and order, taking into account the relevant statute of the relationship (for example, real statute, intellectual statute) at this stage of development of technology regulation cannot be replaced with Lex Registrum.