NFTs and the intellectual property regime in Brazil

Abstract

This article examines how non-fungible tokens (NFTs) can be used as tools for the authentication, traceability, and legal exploitation of intangible assets within the context of Brazilian law, with particular emphasis on their implications for intellectual property and contract law. Starting from the premise that blockchain technology, through immutable metadata and unique identifiers, offers innovative solutions to longstanding problems related to the proof of authorship, ownership, and circulation of intangible goods, the article argues that the Brazilian legal system especially Laws No. 9,610/1998 and No. 9,279/1996 has not kept pace with these developments in an adequate manner. This regulatory gap generates legal uncertainty regarding the legal nature of NFTs, the distinction between token ownership and the underlying copyright or industrial property rights, as well as the effectiveness of smart contracts. Methodologically, the study adopts a deductive approach, relying on bibliographic research and normative analysis, including a comparative examination of regulatory frameworks from other jurisdictions. The findings confirm two central hypotheses: the absence of a clear legal definition of NFTs in Brazil undermines the predictability of commercial transactions; and the implementation of smart contracts without contractual standardization and appropriate normative support creates significant enforcement gaps. The article concludes that the establishment of contractual and institutional guidelines integrating on-chain and off-chain solutions is necessary to enhance legal certainty and ensure the protection of intellectual property rights in NFT-related transactions.