Global giants register their trademarks in metavers. Legal protection also works in virtual reality – All news

The Metaverse concept envisages that in a few years, virtual reality avatars will drive, for example, wear clothes with logos of existing brands in real life, or place food orders in digital restaurants. will be delivered to your door in a few hours in the real world. Most companies will have to appear in the metaversion to stay competitive, so many of them are already starting to join. Protect your intellectual and industrial property in this new virtual world. In recent months, a number of global brands – Nike, McDonald ‘s or L’Oreal – has already taken steps in this direction.

– Trademark protection is applied in both real and virtual worlds. We already have a number of debates that concern this virtual world – says Monica Zielińska of the Newseria Business Agency, a lawyer and patent attorney at the Patrol Patent Office.

Since last fall, Facebook CEO Mark Zuckerberg has introduced the Metaverse concept, a virtual world created from scratch and operating in parallel with the real world, as more and more global brands decide in advance to protect their trademarks in this new space. So far, such a step is no longer e.g. Nike, L’Oreal, Walmart, Burberry and Ralph Lauren, or the McDonald’s restaurant chain, which has applied for more than a dozen patents for trademarks recently used by the U.S. Patent and Trademark Office.

However, it should be borne in mind that at least today these characters should be used in parallel in the real and virtual worlds. Their use only in the virtual world can lead to a situation where they are not used in accordance with their specialization, ie for specific goods and services. If trademarks are used only in virtual reality, they will only serve the function of advertising or warranty and will not seriously indicate the origin of the goods. – says Monica Zielińska.

He predicted that in the case of trademarks used only in virtual reality, license agreements for their distribution will be more applicable.

In the long run, perhaps myself to prove that exclusive, effective land omnes rights, such as rights arising from trademark registration, are beginning to lose their significance in favor of contractual obligations, such as license agreements for the use of a particular brand or business – Patpol expert explains. – As for trademarks in virtual reality, it is likely that these brands will not meet the conditions of use in a particular area. After all, the signs are protected in terms of territory. Therefore, it is not known how jurisprudence will approach the use of trademarks protected in metavers.

Despite many doubts, the expert believes that in real and virtual reality there will be no need to adopt separate procedures for the protection of trademarks. There are already legal regulations to resolve disputes in this area.

We have already had cases of trademark abuse in the virtual world, for example, in domain addresses – says Monica Zielińska.

Analysts are confident that over time, most companies and major global brands will be forced to enter metaversum to stay competitive in both the real and digital markets. That is why many of them have already begun to attach great importance to the protection of their intellectual and industrial property in the virtual world. In this regard, there are still some doubts about the form of the future legal system or the protection of copyright, for example, the problem of attributing authorship to artificial intelligence.

However, NFT (non-processed tokens) can play an important role in the digital, virtual market – a type of cryptographic token that acts as a certificate confirming that a particular file exists only in its original form. one copy. Although it is possible to copy and duplicate a file for sale, there is only one NFT-certified original. With its presence, all transactions and information such as transaction amount, buyer, seller and time stamp are open and can be verified. As with cryptocurrencies, NFT is traded through a blockchain network. However, some experts say that the market for unchangeable tokens will require regulation to find mass application in the virtual world, because now – in the real world – this technology raises a number of doubts, for example. in the context of copyright.

– NFT tokens guarantee authentication using blockchain technology. However, today it is still difficult to verify these guarantees. Both buyers and authors of tokenized works and works may have difficulty checking what is actually encoded in this blockchain – Says the patent attorney of the Patpol Patent Office.

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