Blockchain is a technology that records information in a secure and transparent manner, providing a fixed and unmodifiable timestamp for the creation and creator of the chain of blocks. This represents an advantage and complement to formal registration before authorities. In Mexico, current law has not yet regulated blockchain-related matters; nevertheless, as a technology already in de facto use, it can complement IP rights and become a valuable tool.
Benefits of blockchain for intellectual property
- Secure certification and registration. Blockchain’s immutability allows copyrights and trademarks to be recorded and certified securely, preventing forgery or manipulation. While INDAUTOR remains the authority for work registrations, blockchain provides additional certainty about registration and registrant; the two approaches are not mutually exclusive.
- Transparency and accessibility. Blockchain enables open and transparent access to information, complementing the formal consolidation of IP rights before IMPI and INDAUTOR.
- Speed and efficiency. It reduces time and costs associated with the registration and verification of intellectual property.
There is a rich debate on the use of blockchain in this area. As García-Teruel et al. (2020) point out, “using blockchain for intellectual property offers a secure and transparent solution for IP management, which can improve the efficiency and speed of rights transfers”. This is a spearhead in the evolution of traditional registration institutions, ensuring transparency in IP rights management.
The same source, however, acknowledges that “Mexican IP legislation has not yet fully adapted to blockchain technology, which can present challenges and difficulties in implementation”. From a legal and regulatory standpoint, Mexico faces the following challenges:
- Lack of clear regulation. The LFDA, the LFPPI, and the Fintech Law —and their regulations— do not contemplate blockchain for registering and certifying industrial property and copyrights, nor for providing an open verification system.
- Personal data protection. Mexico has a robust personal data protection framework, but blockchain’s traceability and data persistence require careful analysis in each implementation.
Blockchain is a technology that has revolutionized many areas of daily life. One of the changes that could benefit both authorities and private parties is its implementation for the registration, certification, accessibility, and transparency of copyright and industrial property rights.