Blockchain Technology as an Alternative Tool to Designs’ Copyright Management

Given the massive and instant flow of information, and the ease in which others can produce and sell an identical copy of a work in the digital world, design copyright infringement is unescapably widespread nowadays. Naturally, big companies are able to go to Court and ensure that others cannot steal their creative work; however, counterfeits are still very difficult to control and locate for them. Conversely, small designers most of the time have their original works copied and get no compensation for it, as there is lack of financial means to hold liable the infringers. Under such considerations, this work posits that, in the midst of the digital era, Blockchain Technology, with Smart Contracts and in the light of a a cross-border register, might aid the industry of designers as a whole to overcome the challenges presented under the current informational society. Blockchain Technology has the potential to support a stronger, more effective intellectual property regime by effecting a trusted, encrypted, almost unchangeable registration system or proof of originality. The drudgery explores the innovative yet mysterious technology that is Blockchain and argues that associated with intellectual property rights its application might create efficiencies that may dramatically improve the design industry, in particular as regards to hurdles in proof of originality and counterfeiting. Concisely, this technology is a database of information or a publicly displayed storage of data that can be irreversible and incorruptible. Its features and elements may aid to track down counterfeits and promote transparency, as the platform could be used to create solid evidence for the entire creative system of design and applied art. Blockchain applications are also able to document every step of the conceptualization and design process, offering irrefutable evidence of originality and authorship in the event of disputes. Blockchain architecture allows code to be deployed directly on the blockchain and to be executed in a decentralized manner by every node in the network. This is done through Smart Contracts, which enable people to enter into a contractual relationship with other people over a simple transaction on the blockchain. As it follows, designers could have a less expensive way for transferring rights and get royalties. Consequently, the question behind this dissertation is whether Blockchain Technology can be used as an alternative mean to copyright management and protection. It was found that Law and technology enjoy a complicated, and yet interconnected, relationship. Blockchain Technology faces tensions with the European regulatory framework and it cannot replace traditional copyright protection, but it is definitely significant for the related industry, as there are already several initiatives on the field and its features can really benefit designers and can fittingly address some copyright concerns. The technology under discussion, then, can be a valuable tool to copyright management, to be used either jointly with, or in addition to, existing laws.