Navigating the future of trademark management : the impact of blockchain on litigation and legal practices

Abstract

This dissertation explores the potential of blockchain in managing trademarks within the Blockchain Intellectual Property Registry project executed by the EUIPO, particularly within the domain of licensing. Building on the foundation of the enhanced functionalities that permit parties to conclude and register licence agreements via this blockchain system, the study explores innovative solutions for evidentiary challenges in trademark disputes. This includes addressing issues related to compliance after expiration and gathering evidence from the perspective of the average consumer. The research delves into the complexities of current trademark licensing frameworks, identifying, through the examination of pertinent case law, key issues such as compliance monitoring post-license expiration and the difficulties in collecting concrete evidence to support claims in some litigation scenarios involving the quality of licensed products and services. Through drawing an analogy with scenarios involving certification marks, the work broadens the scope of these advantages to extend beyond mere licence agreements. Facilitating trademark licence registration through a blockchain-based database, within the context of the DLT solution of the EUIPO, serves as the foundation for the additional benefits, including potential alternative dispute resolution mechanisms, explored in this study. Furthermore, the integration of blockchain-based solutions, such as supply chain tracking for licensed products and portals for submitting consumer feedback, is proposed as a strategy to address the aforementioned evidentiary challenges. While acknowledging existing integration challenges with national offices, the study suggests avenues for future research to explore the interplay between national systems and the BIPR, as well as the potential expansion of the blockchain system to other intellectual property rights, including designs and copyright. Through a comprehensive approach, the work underscores the significant value that blockchain technology could add to the management of national and EUTMs, highlighting the need for continued exploration and implementation of blockchain solutions in intellectual property management.