Theresa Conduah in World IP Review: ‘2022 Forecast: Patent Eligibility, COVID-19, NFTs’

January 11, 2022

As the dust settles following a turbulent year for IP, lawyers have cast their predictions for the pivotal issues and cases that will feature over the next 12 months.

In part one of a series, attorneys tell WIPR that this year could be when the thorny issue of patent eligibility is finally untangled, while the IP implications posed by the COVID-19 pandemic and the rise of the metaverse will continue to loom large.

… Non-fungible tokens (NFTs) are a digital property right in existing innovations and creations, allowing creators and authors to exploit digital commercialisation of existing goods. IP issues surrounding NFTs will be a key trend in 2022, believes Theresa Conduah, a partner at Haynes Boone.

“From “cryptokicks” by Nike to the “McNFT” collection by McDonald’s, brands are joining the metaverse and releasing limited edition NFT collectables as part of their marketing initiatives, she explains. “And as brands and investors look for new ways to monetise digital assets, we can expect to see novel IP ownership issues to emerge, with first amendment rights colliding with trademark and copyright laws.”

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