NFTs as Digital Evidence in Intellectual Property Litigation: Addressing Cultural Misappropriation in the Digital Age

ABSTRACT
The emergence of Non-Fungible Tokens (NFTs) has marked a paradigm shift making significant changes in the digital economy that has led to the creation, commercialization and ownership of unique digital assets through blockchain technology. NFTs are created through the process of minting and are recorded on blockchain technology. With growing opportunities for artists and creators have also raised several complex concerns in respect of unauthorized use of tokenization and commercialization of cultural and traditional expression without the consent of the real author leading to cultural misappropriation.
This paper aims to examine the role of NFTs as digital evidence in intellectual property litigation involving cultural misappropriation. It also examines the conflict regarding the ownership of the digital artwork. The study adopts a doctrinal research approach along with a secondary source of data and analyses relevant academic literature and international perspective along with the in depth clarity to the raised question.