Article | Intellectual Property Challenges in the Metaverse

A subject that has been widely discussed in the current digital era is how protection through intellectual property has affected the world of the metaverse – a new dimension within a digital environment. In this context, it is worth highlighting that the virtual reality environment involves several interactions between the physical/real and digital worlds, where there is an interconnection of different technologies that challenges the protection of intellectual property rights.

To make the connection between these two worlds possible, several technologies are being used to create this virtual space. The use of artificial intelligence (AI), augmented reality (AR), virtual reality (VR), cryptocurrencies, and non-fungible tokens (NFTs) are some examples of these technologies. In contrast to the popularity and exponential growth of curiosity about such an innovation across society, this new way of communicating, interacting, playing, and navigating within the metaverse impacts some issues when legal application needs to be ensured.

Initially, it should be noted that the application and enforcement of rights within a virtual environment presents greater difficulty since the concept of the metaverse revolves around the creation of something universal. For example, legal issues related to the collection, processing, and storage of personal data can be highlighted, procedures governed by the General Data Protection Law (13,709/2018). Furthermore, another existing problem lies in the protection of intellectual property rights, which are often exercised differently around jurisdictions. There are, for example, in Brazil, copyright guided by the Copyright Law (Law n. 9,610/98), creation of source codes protected by the Software Law (Law n. 9,609/98), and, also, the rights of industrial property, such as trademarks, patents, and industrial designs ruled by the Industrial Property Law (IPL) – Law n. 9,279/96.

For instance, the commercialization and dissemination of trademarks within the Metaverse may be a concern regarding the use of such protection. Another example is related to copyright, where an artist can present themselves in the virtual environment, requiring legal security regarding their image rights.

Enforcing intellectual property protection in the metaverse includes a complex challenge as it requires a multifaceted approach. Clear and predefined rules, blockchain technology, and real-time monitoring in the metaverse spaces are some of the policies and solutions that could help better protect intellectual property rights in the metaverse world. In view of the above, and taking into account, for example, the exponential development of NFTs in several fields, assistance by a specialized Law Firm is highly recommended in order to ensure the best protection for IP assets, especially in the growing virtual reality environment, respecting the current legislation, as well as to mitigate the risk of violation of IP rights.

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REFERENCES

ALMEIDA, T. M.; de MOURA, T. H. F. Os desafios jurídicos no metaverso. Available at https://www.migalhas.com.br/depeso/365197/os-desafios-juridicos-no-metaverso

ASSOCIAÇÃO PAULISTA DA PROPRIEDADE INTELECTUAL (ASPI). Webinar – Metaverso e Propriedade Intelectual. Available at: https://www.youtube.com/watch?v=ZNFQH5NKzxg 

CONSEJ. Os desafios jurídicos do metaverso. Available at: https://consej.com.br/ublicações/os-desafios-juridicos-do-metaverso/

COSSETTI, M. C. Qual a diferença entre realidade virtual e realidade aumentada?. Available at: https://tecnoblog.net/responde/qual-a-diferenca-entre-realidade-virtual-e-realidade-aumentada/ 

SOLER, F. G. Metaverso e os macro desafios jurídicos existentes ilustrada pelos direitos autorais. Available at https://techcompliance.org/desafios-juridicos-no-metaverso/.

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Author: Anahi Carvalho, Patent Specialist