Metaverse between intellectual property rights and enforcement methods

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    With the advent of the Metaverse and the digitalization of goods and services, the issue of protection of intellectual property rights has come into focus, and many registration applications have been submitted by various brands.Virtual markets are an area open to the average consumer

    metaverse It's a concept that's been around for years. In fact, the term “metaverse” was first coined by Neal Stephenson in 1992's Snow CrashHowever, it is only in recent years that this three-dimensional virtual world, in which users can interact with each other and create content, has become increasingly popular and well-known.

    Intellectual Property Rights in the Metaverse: The Story of Telegut

    With the advent of the metaverse, many companies Digitize your products and services to make room for new things virtual market It's full of opportunities. This digitization has led stakeholders to protect what is theirs. Intellectual property right With the emergence of a new set of issues, you will, at least initially, file trademark applications for products/services related to this new reality.

    Of interest in this regard is the decision issued by the European Union Intellectual Property Office (EUIPO) on July 4, 2023, partially rejecting European Union trademark application no. 018730117 about symbolic things “Telegut” Metaverse (this includes downloadable digital artwork, digital trading cards, figures for use in the Metaverse, etc.)

    This decision, which became final, Partial rejection of trademarks for some products and services It differentiates. But beyond this, it's interesting because among the various topics covered, it says that digital products need to be considered in the same way as digital products. Related physical products Since a fundamental aspect of digital products is to emulate the basic concepts of their respective physical products, the principles that apply to the latter must also apply to the former.In fact, the virtual market A sector open to everyone And in the virtual dimension it mirrors physical reality. Therefore, both the consumer and the reference market sector must be considered in the same way as sectors of the “real” market. average consumer.

    Metaverse and the average consumer

    The determination of the issue takes into account the following Metaverse is a virtual platform This will be available to the average consumer, similar to video games and other virtual products. It therefore follows that consumers' perceptions of real-world products must also apply to equivalent virtual products.

    However, the need for companies to take action remains confirmed. Protection of intellectual property rights In the new digital world. This Italian company (like many other companies in the world, such as in publishing, entertainment, fashion, etc.) is in fact concerned with virtual and digital products and services in order to obtain the widest possible protection within this virtual world. We have filed other trademark applications. Among many others, the European Union trademark registration number is 018818422 for the brand “”giallo zafferano”(figurative).

    How to force it in the metaverse

    Alongside filing a trademark (and/or design) application, another fundamental aspect of protection in the Metaverse concerns the possibility of: Execution method.

    In fact, the metaverse involves the creation and distribution of large amounts of digital content, such as virtual clothing, accessories, and digital art. This also means that actors operating within this virtual reality may unfairly exploit and confuse the distinctive and attractive value of the distinctive signs of various brands, just as happens in the real world. This means you can sell your products more easily.

    To overcome these problems, on the one hand, the various Metaverso platforms must take steps to make appropriate tools available to rights holders. Removal of violations Meanwhile, the owner carries out activities aimed at: Suppression of the violation itself.

    On the first point, a number of platforms (Fortnite, Decentraland, Roblox, Horizon Worlds, to name a few) have procedures (notifications and (defined as deletion) has already been introduced. The latter (as opposed to actual deletion) protects intellectual property so that infringing content can be immediately hidden.

    Similarly, companies often act proactively and directly to eliminate rights violations identified on their platforms.

    In this regard, there are many already established conflict – In this short period of time – companies to protect their rights. The most important ones are: Nike Innovate CV for e-commerce platform StockX. epic gamesInc. (creator and owner of the video game “Fortnite”) versus artist Kyle Hanagami. hermes International vs. digital artist Mason Rothschild (famous “Meta Birkin” incident).

    However, in this regard, we specify that it is not always possible to identify the person who committed the violation, as a result of which it is often very difficult to act without the help of the platform. It's worth keeping.


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