Intellectual property law and practice in the blockchain realm

Gürkaynak, Gönenç; Yılmaz, İlay; Yeşilaltay, Burak; Bengi, Berk

doi:10.1016/j.clsr.2018.05.027

Cited by 108 publications

(45 citation statements)

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“…to forming a decentralized business model based on a token. In such a business model, each token holder contributes to the development of the whole project (Gürkaynak et al, 2018). These characteristics prove that tokens belong to objects of civil law.…”

Section: Resultsmentioning

confidence: 99%

“…Zachariadis, Hileman and Scott (2019) examined management and control in distributed account books to better understand challenges blockchain technologies need to overcome in the sphere of financial services. Gürkaynak, Yılmaz, Yeşilaltay and Bengi (2018) analyzed the application of blockchain technologies and examined the legal nature of tokens. Ciaian and Rajcaniova (2018) studied virtual relations, i.e.…”

Section: Literature Reviewmentioning

confidence: 99%

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The legal status of tokens and their inheritance

et al. 2020

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This article considers the legal status of tokens, their specifics and distinctive features, as well as the possibility of inheriting this digital asset. The study aims at analyzing the legal nature and classification of tokens, as well as the specifics of their inheritance. While conducting this research, it has been used the methods of collecting and studying singularities, generalization, scientific abstraction, cognition of objective laws, objectivity, specificity and pluralism. It has been concluded that a token is an entry in the transaction block registry (blockchain) or other distributed information systems, which certifies that the token owner is entitled to civil law protections and/or is a cryptocurrency. It has been proved that tokens by their legal nature are digital units of accounting in the participating interest shares of entrepreneurial projects and authorized capitals of any company, digital price analogues of uncertificated securities and other objects of civil law. It has been developed a classification of tokens and emphasized the need to create an electronic data warehouse that contains access codes for these digital assets. After the testator’s death, these codes can be given to the heir by testament or by law in case the testator did not draw up the corresponding testament during their life. These conclusions and suggestions will allow to legally qualify tokens and resolve inheritance issues in this area.

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Section: Resultsmentioning

confidence: 99%

Section: Literature Reviewmentioning

confidence: 99%

The legal status of tokens and their inheritance

et al. 2020

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“…Since most projects we found are social research platforms and repositories that allow their users to discuss ideas and hypothesis openly before they are processed, we see the protection of intellectual property as fundamental. de La Rosa et al (2017) conclude that the BT can provide great benefits for open innovation processes and the protection of its outcomes; other researchers confirm this in their research papers (Gürkaynak et al, 2018;Rivière, 2018). But there is still much to do: it lacks approaches to prevent unauthorized reuse of intellectual property, and most existing blockchain applications are not mature yet (Schönhals et al, 2019).…”

Section: Literaturementioning

confidence: 93%

A Review on Blockchain Technology and Blockchain Projects Fostering Open Science

et al. 2019

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Many sectors, like finance, medicine, manufacturing, and education, use blockchain applications to profit from the unique bundle of characteristics of this technology. Blockchain technology (BT) promises benefits in trustability, collaboration, organization, identification, credibility, and transparency. In this paper, we conduct an analysis in which we show how open science can benefit from this technology and its properties. For this, we determined the requirements of an open science ecosystem and compared them with the characteristics of BT to prove that the technology suits as an infrastructure. We also review literature and promising blockchain-based projects for open science to describe the current research situation. To this end, we examine the projects in particular for their relevance and contribution to open science and categorize them afterwards according to their primary purpose. Several of them already provide functionalities that can have a positive impact on current research workflows. So, BT offers promising possibilities for its use in science, but why is it then not used on a large-scale in that area? To answer this question, we point out various shortcomings, challenges, unanswered questions, and research potentials that we found in the literature and identified during our analysis. These topics shall serve as starting points for future research to foster the BT for open science and beyond, especially in the long-term.

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“…However, issues related to the use of the blockchain remain the most difficult (Gurkaynak, Yilmaz, & Yesilaltay, 2018).…”

Section: Purpose Of the Studymentioning

confidence: 99%