Routledge Handbook of NFT Law

NFTs From a Technological Perspective 1

1 A General Approach to Tokens and Non-Fungible Tokens 3

MARK C. BALLANDIES, PARMINDER KAUR MAKODE AND CLAUDIO J. TESSONE

2 Exploring Types of NFTs in Unconventional Categories 17

PARMINDER KAUR MAKODE, MARK C. BALLANDIES AND CLAUDIO J. TESSONE

3 NFT Use Cases 31

MARIANNA FOERG AND KATE MARRS

4 Regulating NFT Marketplaces: A Comparative Analysis of the EU and UK Legal Systems 54

IOANNA LAPATOURA AND ZOI KROKIDA

NFTs and Contract Law 65

5 NFTs and Smart Contracts 67

MATEJA DUROVIC AND MICHEL CANNARSA

6 Contract Law and NFT Marketplaces: The EU Digital Services Act 83

CRISTINA PONCIBÒ

NFTs and Property 99

7 Ownership of NFTs: An Analogical Paradox 101

LARRY A. DIMATTEO AND PINAR ÇAĞLAYAN AKSOY

8 Unpacking Copyright Law in the NFT Era: Legal Questions and Emerging Trends 120

ZEHRA ÖZKAN ÜNER

9 The Intersection Between NFTs and Trademark and Patent Protection 139

ENRICO BONADIO AND DYUTI PANDYA

NFTs and Business Law 153

10 Non-Fungible Tokens (NFTs) and Decentralized Autonomous Organisations (DAOs): An Odd Couple? 155

FLORIAN MÖSLEIN

11 NFTs and International Trade 168

MARTA INFANTINO AND FRANCESCA FIORENTINI

Public Law Aspects of NFTs 183

12 Taxation of NFTs 185

N. NILAY DAYANÇ KUZEYLI

13 Criminal Law and Technology: The Complex Case of Non-Fungible Tokens (NFTs) 205

SASKIA HUFNAGEL AND COLIN KING

14 NFTs and Financial Market Regulation 222

ROLF H. WEBER

15 Blockchain Consensus Mechanism and Climate Change: A Comparative Analysis of the Current International, European, and Domestic Legislative Framework 234

BENEDETTA CAPPIELLO

Data and Consumer Protection 251

16 NFTs and Data Protection 253

HÜSEYIN CAN AKSOY

17 Cutting Through the Hype: Consumer Protection in NFT Transactions 269

MONIKA NAMYSŁOWSKA AND KAROLINA SZTOBRYN

NFTs and Courts 287

18 Jurisdiction and Applicable Law in NFT-Related Contractual Disputes Under EU Private International Law 289

BISET SENA GÜNEŞ

19 ADR in the Age of NFTs: Smart Disputes, Smarter Justice! 318

MAUD PIERS

20 NFTs and Access to Justice 342

MARK FENWICK AND STEFAN WRBKA

21 Lawyers in Cryptoland 356

ROGER BROWNSWORD

Index 372

Biography

Pınar Çağlayan Aksoy is Associate Professor of civil law at Bilkent University and visiting researcher at King’s College London. She is a member of BCTR Platform, Istanbul Blockchain Women, and UZH Blockchain Center. She led a TÜBİTAK-funded project on smart contracts and data protection and won the 2024 BAGEP Award. Her research covers contract law, tort law, and legal implications of emerging technologies.

Larry DiMatteo is the Huber Hurst Professor of contract law and legal studies at the University of Florida. He holds a JD from Cornell, LLM from Harvard and PhD from Monash. Named UF’s Teacher-Scholar of the Year (2012), he has authored 170+ publications and 20 books, including AI and Consumer Law (CUP, 2024), Principles of Contract Law & Theory (Elgar, 2023), and Smart Contracts, Blockchain Technology & Digital Platforms (CUP, 2020). He is the former editor-in-chief of the American Business Law Journal.

Saskia Hufnagel is Professor at the University of Sydney Law School and Co-Director of the Sydney Institute of Criminology. She is a senior associate research fellow at the Institute of Advanced Legal Studies, University of London. Her research focuses on transnational criminal justice, global law enforcement cooperation, and art crime. A qualified German legal professional and criminal law specialist, she has held academic posts in Europe and Australia.

NFTs are dead. Long live NFTs?! Routledge’s Handbook on NFT Law is an excellent review of the state of the art of the decentralization of law, business and technology via non-fungible tokens.

Peter Mezei, Professor, University of Szeged (Hungary); adjunct professor (dosentti), University of Turku (Finland); chief researcher, Vytautas Magnus University (Lithuania)

Some people may believe that NFTs are a thing of the past, a blip of the pandemic world, but that would be missing its continuing importance. The Routledge Handbook on NFT Law is a timely and authoritative resource that brilliantly dissects the legal issues surrounding non-fungible tokens. With its rigorous analysis and forward-thinking perspectives, this handbook not only clarifies complex issues in intellectual property, contract law, governance, and digital asset regulation but also charts a path for future legal challenges in the digital era. There is practically no subject related to NFTs that is ignored, and each chapter is covered by an expert in the field. This edited book is a must-read for legal professionals, academics, and technology enthusiasts alike, it masterfully bridges the gap between legal theory and the practical realities of digital innovation. It’s a definitive guide that reaffirms the enduring significance of NFTs and equips readers with the insights needed to understand the various legal issues involved.

Andres Guadamuz, Reader in Intellectual Property Law at the University of Sussex and the Editor in Chief of the Journal of World Intellectual Property