Publication Type

Journal Article

Version

submittedVersion

Publication Date

1-2024

Abstract

The metaverse has been widely hailed as a symbol of technological progress, presenting an immersive virtual realm that has the potential to transform how individuals engage in social and commercial activities. However, this conception of a borderless virtual world - which purportedly transcends the capabilities and reach of Web 2.0 - sits uncomfortably with the territorial nature of intellectual property rights. This chapter examines the complexities surrounding the subsistence and enforcement of intellectual property rights within the metaverse, with a specific focus on copyright and trademarks. Especial attention is paid to issues concerning choice of law and jurisdiction. Finally, the authors conclude with two recommendations which aim to facilitate and supplement the application of existing rules in addressing copyright and trademark infringements in the metaverse.

Keywords

Metaverse, copyright, trademark, virtual world, networked platforms, intellectual property, intellectual property rights, Berne Convention, jurisdiction, choice of law, conflict of laws

Discipline

Intellectual Property Law

Research Areas

Innovation, Technology and the Law

Publication

Journal of Intellectual Property Law and Practice

Volume

19

Issue

4

First Page

371

Last Page

384

Identifier

10.2139/ssrn.4452938

Publisher

Oxford University Press (OUP): Policy F - Oxford Open Option C

Copyright Owner and License

Authors

Additional URL

https://doi.org/10.2139/ssrn.4452938

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