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IP Challenges

The transnational and decentralised nature of the metaverse complicates jurisdiction and applicable law. As a virtual counterpart to the real world, managing intellectual property in the metaverse is constrained by national borders. When IP disputes arise in the metaverse, it becomes challenging to determine which country's legal system should be applied, leading to difficulties in legal resolution.

 

The virtual and anonymous aspects of the metaverse make it difficult to define legal entities and ownership. Virtual beings can “create” new works and, are considered intellectual property with inherent value. However, whether these virtual beings can be considered legal entities, whether they are liable for infringement, or whether their "works" enjoy intellectual property protection has direct implications for the design of intellectual property legal regimes.

 

The innovative and dynamic nature of the metaverse creates challenges in adapting and refining existing legal frameworks. How can virtual goods in the metaverse be trademarked? How can copyright be protected when real-world items are digitally reproduced in the virtual world? Are metaverse-centered inventions ineligible for patents because they are considered 'abstract'? How do we define 'reasonable measures of protection in the metaverse' when protecting trade secrets requires the right holder to take reasonable actions?

 

To address these intellectual property issues and challenges faced by metaverse enterprises, we provide tailored solutions. Our clients include Web3.0 companies, digital human firms, and AIGC-related enterprises. Notably, we have assisted a leading Web3.0 company with trademark and copyright registration, design and GUI protection, and patent applications in nearly 30 countries and regions, establishing a robust global IP protection system for it.

IP solutions for the metaverse ecosystem
IP solutions for the metaverse ecosystem
Infrastructure Layer

This layer includes communication network infrastructure, computing infrastructure, and new technology infrastructure. It is responsible for real-time data transmission and distribution, storage and processing, as well as analysis and decision-making. Core innovations in this layer can be protected by applying for patents.

Core Layer

This layer consists of terminal access, time-space generation, user interactions, digital platforms, and virtual social structures. Terminal access includes various devices that connect to the ‘metaverse’ and the essential software and hardware needed for this connection. Time-space generation involves the tools used to digitize real objects. User interactions cover the diverse interactive technologies within the metaverse. Digital platforms encompass gaming, social platforms, and similar online environments, while virtual social structures include security and credit systems. Core innovations in this layer can be protected through patents, while software can be safeguarded with copyright registration.

Application Layer

This layer includes consumer applications, industry-specific applications, and government and public services. Once a comprehensive "metaverse" is established, it will empower traditional industries such as manufacturing, healthcare, education, and entertainment, leading to the development of new business models for information consumption. Common applications and their corresponding IP protection methods in this layer are as follows:

Virtual Goods: Virtual products and services can apply for trademark registration in the following categories: downloadable virtual goods (Class 9); virtual goods retail services (Class 35); electronic financial transaction services (Class 36); virtual reality games (Class 41); and virtual reality software development and maintenance services (Class 42).

Virtual Beings: They are regarded as works of authorship and can be protected by copyright. Dance videos, songs, and other creations involving virtual beings also fall under copyright protection. If the names of virtual beings are used for related products, trademarks can be registered according to the relevant product categories.

XR Products, such as AR Glasses: These can be protected by trademarks (Class 9) and patent.

Non-Fungible Tokens (NFTs) and Digital Collectibles: They can be protected by trademarks (Class 9, Class 42, and Class 36) and by copyrights once the works are created.

It is important to note that at every stage of the ecosystem, enterprises can protect their unique brand images through trademark applications.