Digital Assets and Blockchain

Intellectual property, contractual and data advice for businesses building on blockchain infrastructure, tokenised assets and distributed applications.

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Legal challenges

Blockchain projects distribute the technology but not the legal exposure: the code, the brand, the written material and the personal information behind a platform are still owned by someone, and the arrangements determining who is frequently the least documented part of the build.

How we help

We advise on protecting and licensing the software, brand and content behind digital asset platforms, on the agreements between founders, developers and users, and on the data protection obligations these products carry.

A blockchain product is usually described in terms of what it decentralises, but the parts carrying commercial and legal weight are conventional: source code, a brand, documentation, interface design, and the personal information a platform collects in order to operate. Each is owned by someone, and in projects built quickly by distributed contributors the record of who owns what is often thin.

We advise founders and businesses on securing the intellectual property in that stack, copyright in code and written material under the Copyright Act 2059, trademark protection for platform and product names through registration with the Department of Industry, and confidentiality terms for whatever is not published, and on the contributor, developer and contractor agreements that decide whether the project entity actually holds those rights. Where a platform collects or processes personal information, we advise on obligations under the Individual Privacy Act 2075 and on the electronic record and transaction questions arising under the Electronic Transactions Act 2063.

Because regulatory treatment of digital assets continues to develop, we advise on the position as it stands rather than as a settled framework, and structure the ownership and contractual layer so it holds regardless of how the wider picture moves. This work sits alongside our copyright, technology and trade secret practices.

Frequently asked questions

Can the software behind a blockchain project be protected?

Source code is protected as a literary work under the Copyright Act 2059, and that protection arises on creation rather than on registration. Whether the project entity owns it depends on the agreements with the developers who wrote it, since contributors retain rights unless those rights have been assigned.

How is a brand protected for a digital asset platform?

Through trademark registration for the platform and product names in the relevant classes, administered by the Department of Industry, alongside consistent management of domains and account names.

What data protection obligations apply to a platform?

Where a platform collects or processes personal information, obligations arise under the Individual Privacy Act 2075 affecting consent, notice, and how that information is stored, shared and secured. The Electronic Transactions Act 2063 is also relevant to electronic records and transactions.

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