Blockchain(s), Smart Contracts and Intellectual Property

The purpose of this chapter is to analyse to what extent the much talked about blockchain and smart contracts technology may contribute to a better Intellectual Property system. It starts with a brief explanation of the relationship between bitcoin, cryptography, blockchain and smart contracts. On this last point, as this is a legal study, special attention will be paid to the terminological problems of the term “smart contracts”. It outlines the potential applications of these technologies in the context of intellectual property rights. This study attempts to convey information on the current practical application in each of the points, considering the state of the art. The work will not be complete without a critical analysis of the real potential of this technology. In this context, we examine the arguments that have been put forward concerning the obstacles to the introduction of this technology within the scope of intellectual property. In particular, apart from the general problems that the introduction of this technology presents, there are some specificities of intellectual property rights that could hinder its exploitation.