When the creator gave me “full ownership of IP rights” under my NFT, can I enforce the rights against unlicensed users?

Select jurisdiction

  • Germany
  • France
  • Brazil


Yes, you can. You though need to be able to prove the chain of rights. But on blockchain especially this should not be a problem if the creator has also minted the NFT.

Stefan Ellenberg



Under French law, an assignment of rights (whether these be rights to use or transfer of ownership), to be valid, requires certain formalities, essentially, the requirement of i) an agreement in writing, ii) the specification of the rights assigned that must be carefully detailed as to their nature (reproduction, representation, adaptation), the extent (in space and time), on what means/medium. It follows that a creator who has given « full ownership rights » is not opposable under French law, in such a way that the NFT holder/owner may not be able to enforce such rights.

Casey Joly

Intellectual Property


If you transfer the property rights over the NFT and this is expressly established by contract, this right could be exercised.

Fabio Cendão

Intellectual Property and Innovation

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