The Subsistence and Enforcement of Copyright and Trade Mark Rights in the Metaverse

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