China Guarantees Legal Protection for NFTs, Recognizes as Virtual Property

In a groundbreaking move, the Chinese government has officially criminalized the theft of digital collections, specifically targeting non-fungible tokens (NFTs). This announcement, released on November 10th, reflects a notable shift in how digital assets are legally perceived.

China about NFTs: Digital Collections as Virtual Property

The statement emphasizes that digital collectibles, such as NFTs, fall under the category of “network virtual property.” This recognition is significant, considering China’s previous stance of banning cryptocurrency-related transactions in 2021. The government’s acknowledgment of these digital assets as property brings them under the purview of property crime laws.

Theft of NFT collections is now viewed as a violation of protection laws and interests related to the illegal acquisition of computer information system data. The statement asserts that the unique codes, non-tamperable features, and detailed transaction information of NFTs contribute to their classification as online virtual property.

China about NFTs: Implications and Dual Classification

The dual classification of theft of NFT collections, encompassing both unauthorized access and intrusion into the system, underscores the seriousness of these actions. It aligns with China’s commitment to protecting digital assets, recognizing the potential damage to property laws in the case of such thefts.

Legal Clarity of China for NFTs and Blockchain Technology

The Chinese government’s explicit mention of NFTs in this legal declaration reflects an acknowledgment of the technology-driven nature of these assets. NFTs, relying on blockchain technology, possess unique, non-copyable, tamper-proof, and permanent storage characteristics, making them vulnerable to theft.

Moreover, the legal recognition of digital collections as property sets a crucial legal precedent for the treatment of NFTs and similar digital assets. It provides clarity in an evolving landscape where technology and property intersect.

China about NFTs: Growing Interest Despite Ban

Despite China’s ban on crypto-related activities, there has been a growing interest in NFTs within the country. Recent initiatives, such as the launch of a metaverse and NFT platform by China Daily, indicate a potential shift in the market. However, the statement clarifies that China has not yet opened a “secondary flow market” for these NFT collections.

China about NFTs: A Legal Precedent for Digital Asset Protection

This decisive move by the Chinese government not only establishes a legal precedent for the protection of digital assets but also reflects an evolving understanding of property in the digital age. It addresses the unique challenges posed by digital collections, particularly NFTs, and sets a benchmark for other nations grappling with similar legal considerations. As China takes a bold step into the future of digital asset protection, the global legal landscape for digital assets may witness further refinements.

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