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    The Digital Universe – Iberian Lawyer

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    mercedes galan

    The legal environment is currently facing new challenges arising from the intersection of Generative Artificial Intelligence (GII) and the Metaverse, particularly with regard to the protection of intangible assets and brand defense. This complex web of new technologies has significant legal implications that require a proactive and evolutionary approach from legal professionals and brands. Last December, the first European forum on brand defense, organized by ANDEMA, was held at Barcelona's La Pedrera, where the topic was thoroughly discussed.

    AI and intellectual property rights

    The increasing use of AI algorithms in the creation of content and brands has raised questions regarding the attribution of intellectual property rights. In an environment where creativity is driven by machines, defining authorship and originality is a challenge, requiring legal reform and innovative jurisprudence.as david gomez“We must not forget that AI creates content based on previous training and sometimes lies, creating so-called 'illusions',” said Baylos Partner. The challenge is to create procedures to detect them and avoid future problems. ” In this sense, Laura UrquisRegarding transparency, Red Point Partner and CEO points out: But you still need to identify and map risks to know how they can be mitigated and responded to. ”

    Protecting your metaverse and brand identity

    The Metaverse, an interactive virtual space, introduces new forms of interaction and commerce. These replications of brands and intangible assets in the digital world raise questions about protecting your brand identity, but are you ready? Many are calling for vigilance.as Alejandro MartinezA lawyer in charge of Group Media Pro's innovation department points out the following. I find it difficult to meet with the Avatar to discuss important contracts. ” Laura Urquis He also believes there is still a long way to go, saying, “We need investment, but investment has slowed down and is stagnant. But as soon as it is reinvigorated, it will come back with a vengeance. .” franco perez bezEcix's partners believe that this virtual world is still immature on a technological level. “6G will certainly enable a leap forward in quality, but on a legal level, European legislators are still figuring out how to regulate this world.”

    Implementation and enforcement challenges

    Effectively implementing legal measures in this complex situation is a further challenge. Monitoring brand infringement in the virtual world and identifying AI-generated intellectual property infringement poses logistical and compliance challenges that require continued review of existing legal frameworks. Susana Fernandez, Inditex's head of IP emphasizes the importance of being cautious in this matter. “At Inditex, we create an internal platform for all departments that each department can use and experiment with carefully. The idea is that it is cross-cutting, applies to all teams, and is tailored. As there is currently no clear protocol regarding its use, we have chosen to use an internal tool where everything stays where it is.”

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