Intellectual Property Law in Metavers: Challenges and Solutions
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Metaverse, Intellectual Property Law, Copyright Law, Trademark Law, Virtual World, Blockchain, NFTs, Private International Law, Counterfeiting, Digital Currency
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Abstract
This document explores the challenges posed by the metaverse to intellectual property law, including copyright and trademark law, and discusses possible solutions to ensure adequate protection in virtual environments.
Extract
[...] The Incomplete Intellectual Property Law in the Metaverse. ? The acquisition of a copy and not an original may be questionable in terms of the current regulation: the law is incomplete in this sense because nothing is legislated to consider a copy as an original. Section III : The Future Perspectives of the Intellectual Property Domain. A certain economic impact. The emergence of new governance models. ? Impact on innovation and creativity in the metavers. ? Analysis of investment incentives in content creation. [...]
[...] II- A development of protection standards leading to the resolution of online disputes. A necessary interdisciplinarity. ? CoopInterdisciplinary collaboration between lawyers, economists, technologists, and creators. ? Cooperation international and challenges : ? Importance of cooperation between countries for the application of the legal framework in the metaverses. ? Implications of non-cooperative or recalcitrant countries Adoption of online dispute resolution mechanisms. ? A virtual civil liability possible work? ? A strict contract law in the metaverse? [...]
[...] Contractual law according to the Civil Code. Section III : Measures of protection and prevention in the metaverse. Conditions of use of metaverse operating companies. An analysis of the usage conditions already established by the operating companies. ? The usage conditions imposed by metaverse operating companies play a crucial role in regulating user activities. ? These conditions define the rights and responsibilities of users, as well as the rules of conduct to be respected in the virtual environment. New clauses put to the test of new metaverse challenges. [...]
[...] A territorial detachment of complex metaverses: the question of jurisdictional competence. The virtual world: an inscrutable and imperceptible territory. ? Reminder of the definition of metaverses and its implications on territoriality. ? In this virtual world, there is currently no administrative authority, no intellectual property office, nor even regional or international consensus. ? In the physical world, in France, the Nice Classification allows for framing the scope of protection of one's trademark. In the Metaverses, how to correctly describe the product or service? [...]
[...] Different national and international legislations in the field of Intellectual Property Law. The American example: the advanced model in the field of virtual world. The European Union/Europe: an irretrievable legislative delay? ? Règlement général europGDPR of 2018 and the Digital Services Act-law on the marketservicesDigital Services Act-Digital Markets Act of 2023. ? DDetermination of competent courts and applicable laws: in metaverses, the determination of competent courts and applicable laws is a major challenge due to the ubiquitous nature of these virtual environments. [...]
