Does the smart contract contain the terms of the license to the IP?

Germany

As the smart contract is a collection of code (its functions) and data (its state) that resides at a specific address on the for eg. Ethereum blockchain the smart contract does regularly not contain any regulations about the terms of the license. The term smart “contract” is therefore misleading as it is not a contract in a legal way.

Stefan Ellenberg

IP

France

As of today, no. Smart contracts are not designed to be read by humans and cannot
contain specific IP clauses. However, this might evolve in the future.

Laetitia Nicolazzi

Intellectual Property

Brazil

Generally not, but if it is technologically possible to create a smart contract that makes shows the IP license in a way everybody can read, from a legal point of view, it can be considered valid.

Fabio Cendão

Intellectual Property and Innovation

Poland

License to the software can have a non-written form, i.e., it can be included in the smart contract code.

Filip Szydłowski

IT/legal-entities/blockchain