He metaverse It is a virtual world in which there are more and more elements that interact in it, becoming an alternative reality. From the point of view of industrial and intellectual property, the metaverse faces three major challenges:
- Legal environment in the digital world
- Liability of intermediaries
- Legal security for IP rights owners in the metaverse
In the webinar IP protection in Metaverse, Victor González, Director of Legal Services at Clarke Modet México, pointed out that one of the problems of intellectual property arises in copyright. Therefore, it is essential to protect works in the physical world and in the virtual world.
The manager pointed out that brands must be protected physically and digitally, which is why a migration from these physical services to digital services must be made, taking care of intellectual property and copyright.
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Measures that protect intellectual property in the metaverse
1. Active measures
- Territorial protection. The metaverse is digital and therefore not located in a specific country or region. Although we can predict that already known rules will be used, it does not prevent that, depending on the chosen metaverse for work, the protection extends territorially to the country where the responsible organization declares its headquarters.
- Protection of products and services. It is recommended that we engage in active trademark monitoring to detect new applications that protect these specific products and services and may conflict with our prior rights.
2. Reactive measures
According to Clarke Modet’s experts, within legal protection strategy in the metaverseit is recommended to conduct a breach analysis against detected unauthorized uses.
He “implementation” rights can be expressed in two ways:
- Through cooperation with the entity in charge of the metaverse.
- Resorting to ordinary justice.
The metaverse and its related phenomena such as NFT (Irreplaceable tokens), represent a fascinating reality that will soon be as common as a website where you can introduce yourself. The legal protection that one can have before participating in the metaverse is essential to being able to develop and expand in a peaceful and safe manner.
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