It's not all black and white. Intellectual property is a gray area in Web3 and the NFT world, and it will continue to be so because finding a solution is no easy task, according to lawyers.
, as IP rights often rely on a single “identifiable entity,” while Web3 is more often decentralized.
Kappos suggested that the tension between IP and decentralization does not have a clear solution, asking “how does a DAO really own the IP of the protocol it is supposed to govern?” When asked about third parties creating digital artworks or wearables of branded products, Kappos suggested that “an unlicensed implementer in a Web3 environment should refrain from creating a wearable that is confusingly similar to a brand owned by a third party — the same as in the real world.