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UK Government Examines IP Issues in Metaverse Ecosystems

by Jane Onoh
March 9, 2024
Reading Time: 4 mins read

The UK Intellectual Property Office has published a study report that aims to address the various issues surrounding intellectual property (IP) in the developing Metaverse ecosystems and offer recommendations. 

TakeAway Points:

  • The UK IP Office has released a study report to address issues of intellectual property in the evolving Metaverse ecosystem and also offer recommendations.
  • The study highlights a notable gap in the existing body of literature pertaining to the discourse on intellectual property in the Metaverse.
  • The study calls for continued investigation, discussion, and maybe reform in order to make sure that the IP framework can support the expansion and diversity of the Metaverse while defending the rights and interests of all parties involved.

UK Government Explores IP Issues

The study, which was completed in February 2023, demonstrates the government’s proactive approach to comprehending and directing the growth of this emerging digital ecosystem, according to the report.

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Although there is not yet a consensus definition, the Metaverse is acknowledged as a fast expanding collection of virtual worlds that presents distinct difficulties for the IP frameworks that are in place today. Three possible models for the Metaverse are identified in the report: decentralised, centralised, and hybrid. Based on historical precedents and geopolitical trends, the hybrid model is predicted to be the most feasible.

The study highlights a notable gap in the existing body of literature pertaining to the discourse on intellectual property in the Metaverse. Although there is a growing conversation about technology ethics and standards, not enough attention is paid to the intellectual property issues that arise in this intricate web of goods and services. Pointing that the Metaverse is enduring, limitless, and constantly changing and, therefore, needs a strong intellectual property structure that can change with the times is required.

Meanwhile, experts in the industry who wrote the paper stress that although the Metaverse sparks creativity and draws significant investment, it is critical to foresee specific intellectual property challenges. It is more difficult to anticipate and handle these issues when there is disagreement on what the Metaverse comprises.

“a number of challenges will arise from the predictable increase of infringements and difficulties in monitoring and enforcing IP in the Metaverse”

 the study read.

However, within the Metaverse, businesses and individuals view and interact with IP in different ways. Users may find themselves at a disadvantage, even though corporations can employ contracts and technology-based solutions to fill in any gaps in the current IP system. This disparity highlights the importance of a comprehensive and equitable IP system.

For stakeholders navigating the complex intellectual property (IP) landscape of the Metaverse, such as investors, creators, and legislators, the report’s conclusions and recommendations are essential.

Study Recommendations

Furthermore, the study highlighted some recommendations for IP rights in the Metaverse. In the copyright subject matter, clarity is key. These include the extent of the UK’s purportedly closed list of topics covered by copyright, and how well it can accommodate the novel forms of production that are likely to arise in the Metaverse.

Trade marks; to what extent the use of a trade mark in the Metaverse constitutes the use of a trade mark within or in connection with a particular jurisdiction, and how conflicting Metaverse-related uses of the same or similar trademarks ought to be dealt with where they have been validly registered by different rightholders in different jurisdictions.

“The role of NFTs in addressing this issue is questionable, but it would be undoubtedly helpful to have clarification of the legal nature of NFTs and their relationship with the underlying IP rights”

he study stated.

Also, the report points out that the efforts taken by the UK Intellectual Property Office to commission and release this research are indicative of their dedication to creating an atmosphere that allows innovation to flourish while respecting IP rights. Such understandings will be crucial in developing the laws and rules that will oversee this new digital frontier as the Metaverse develops.

“We believe a successful approach to ‘IP in the Metaverse’ should have at its core the maintenance of the relevance of IP, not as a self-serving measure but as a safeguard for digital citizens. Democratic participation ought to be one of the foundations of the Metaverse.”

 the study added.

In addition, the study calls for continued investigation, discussion, and maybe reform in order to make sure that the IP framework can support the expansion and diversity of the Metaverse while defending the rights and interests of all parties involved.

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