The Notions of Blockchain and Smart Contract from the Point of View of the Intellectual Property Right

• Author: Radu Stancu
• Pages: 102-107

European Integration - Realities and Perspectives. Proceedings 2018

102

The Notions of Blockchain and Smart Contract from the Point of view of

the Intellectual Property Right

Radu Stancu1

Abstract: The paper proposes a legal definition of the notions of blockchain and smart

contract from the point of view of the intellectual property right.Therefore, this research

brings to light the effects of new technology on the positive law and, above all, on t he

notion of contract.By applying the blockchain technique, the parties optimize costs and

significantly reduce the time needed to produce legal effects, particularly by eliminating

third parties.However, this technique creates a real series of legal issues that already give

jurists the opportunity to develop new theories of law by finding solutions to them.

Keywords: blockchain; smart contract; intellectual property right

Introduction

In evolution, the human being sought as far as possible to find ways to facilitate their existence. That

began to create, currently to be dependent on technology that - you have to admit, it is an integral part

of our daily lives.

Undoubtedly, accuracy and speed of computer systems, the programming language created by human

genius, leading to exponential growth of society as a whole.

Creations and inventions have impacted so important to man, that he felt the need to protect the

essential means, both legal involving coercive force of the state and with technology, which has led to

the definition networks chains data and intelligent contracts, in addition to many other technological

means of protection.

Considering the above, we proposed below, to perform a first tempo analysis of what blockchain site

and smart contracts, ducking us on the general aspects and in a second tempo to present their

application, as they relate to intellectual property rights and other key areas of society.

1 Senior Lecturer, PhD, Danubius University of Galati, Romania, Address: 3 Galati Blvd., Galati 800654, Romania, Tel.:

+40372361102, Romania, Corresponding author: radu.stancu@univ-danubius.ro.