KEY POINTS
The Queen Mary Intellectual Property Research Institute (QMIPRI), a globally recognized institution specializing in intellectual property and affiliated with the Queen Mary University of London, has recently published a report examining the metaverse and its implications for intellectual property (IP).
Commissioned by the UK Intellectual Property Office (UKIPO), the report delves into the concept of the metaverse, which has garnered significant attention for its potential to blend physical and virtual realms. According to the report, this fusion presents both opportunities and challenges for intellectual property — outlining the need for a clearer framework for protecting IP rights.
One of the key issues identified in the report is the uncertainty surrounding copyright protection within the metaverse. While the metaverse fosters new avenues for innovation and creation, existing copyright laws may not adequately address the unique challenges posed by virtual environments. Currently, UK copyright law only protects creations falling within specified categories, leaving many virtual innovations in a legal gray area.
Moreover, the report highlights the potential for copyright infringement within the metaverse, as users can easily share and “own” content virtually. Traditional methods of detecting infringement may prove ineffective in decentralized virtual platforms, where centralized authority is lacking. The report calls for the development of new mechanisms and procedures to address copyright enforcement in these environments.
Another aspect examined in the report is the protection of brands within the metaverse. Questions arise regarding the status of virtual products and whether they should be afforded the same protection as physical goods. For example, companies may struggle to demonstrate unauthorized use of their trademarks on virtual goods as being conducted “in the course of trade,” given the absence of physical transactions.
In its concluding recommendations, the report urges the UK government to enhance the relevance of IP laws within metaverse platforms. It advocates for the creation of new legislation that balances the need for protection with the need to foster innovation and technological progress.
This is not the first instance of governments grappling with the implications of Web3 on intellectual property. Earlier this month, the US Copyright Office and USPTO released a comprehensive report addressing concerns around non-fungible tokens (NFTs) and IP laws. Similarly, European Parliament Members have proposed embracing the metaverse while advocating for regulatory measures to safeguard users.
