The Rise of the Metaverse: Tethering Effect and Intellectual Property of Crypto Tokens

Journal of Intellectual Property Law & Practice, Volume 19, Issue 4, April 2024, Pages 358–370

13 Pages Posted: 21 May 2024

See all articles by Jakub Wyczik

Jakub Wyczik

University of Silesia in Katowice

Date Written: January 31, 2024

Abstract

Tokens, as digital content and virtual goods, require a comprehensive, multi-layered approach for analysis. This approach, which is generally applicable to various such goods, examines the legal status of tokens on three distinct layers: first, the rights to the virtual good itself; second, the rights to the assets linked to the virtual good; third, the rights to the intellectual property (IP) intricately associated with the token.

This article examines issues of the associated rights concerning the general tethering effect, formal requirements for the transfer of IP rights, licensing, the doctrine of first sale (exhaustion), the concept of the lawful acquirer and other crucial cross-border aspects of IP in the realm of virtual goods, particularly in the emerging metaverse.

The present contribution provides practitioners and researchers with a guide to tethering effects and IP in the context of tokens. It also highlights the need to change current paradigms due to the growing importance and actual existence of virtual property.

Keywords: metaverse, intellectual, property, law, crypto, tokens, contracts, copyright

JEL Classification: K10, K11, K12, K30, K33

Suggested Citation

Wyczik, Jakub, The Rise of the Metaverse: Tethering Effect and Intellectual Property of Crypto Tokens (January 31, 2024). Journal of Intellectual Property Law & Practice, Volume 19, Issue 4, April 2024, Pages 358–370, Available at SSRN: https://ssrn.com/abstract=4788784

Jakub Wyczik (Contact Author)

University of Silesia in Katowice ( email )

Bankowa 12
Katowice, 40-007
Poland

HOME PAGE: http://us.edu.pl/en/

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