IPR RELATED ISSUES

IN THE METAVERSE

SUBMITTED BY - SMRUTI MOHANTY (23050423131) SCMC

VRINDA AGARWAL (23050423154) SCMC
SUBMITTED TO : SUBMITTED TO : MS. SHINU VIG AND DR. HARJIT
SINGH
 CONTENT
1.

01 Abstracts

2.

02 Objectives

3.

03 Types of IPRs in selected industries

4.

04 Examples/ Cases

5.

05 Challenges and Issues

6.

06 Solutions to protect

7.

07 Conclusion

8.

08 List of Refrences
 OBJECTIVES
Objective 1 Objective 2 Objective 3
The futuristic Metaverse has only been In the metaverse, IPR plays a
In the metaverse,
possible due to numerous innovations and crucial role in safeguarding the
IPR plays a crucial
the creativity of the human mind. With the ownership and use of virtual
role in safeguarding
increasing use of the metaverse, it has goods, such as designs,
the ownership and
become crucial to protect intellectual characters, and music, among
use of virtual goods,
property rights (IPR) within this digital others. Without IPR protection,
such as designs,
realm.,. creators risk having their
characters, and
creations copied, replicated, or
music, among
stolen without permission, which
others.
can result in financial losses and
damage to their reputation.
 TYPES OF IPR IN
METAVERSE
COPYRIGHTS : Original works that have been permanently fixed in a physical
form of expression, such as text, photographs, audio, and video, are known as
copyrightable works in the Metaverse.
Making an NFT only gives the customer a special digital record of
ownership rather than giving them ownership or copyright of the underlying
material.

PATENTS :
Innovators in the metaverse may also use design patents to protect
ornamental aspects of their invention
Patent applications in this field must adhere to the same standards as
other patent applications, namely novelty, inventive step, and industrial
applicability.
 TYPES OF IPR IN
METAVERSE
TRADEMARKS : : Trademarks are, as we all know, essentially brand identifiers.

With the help of the metaverse, organizations that own trademarks can
expand their brands into the virtual world and boost brand recognition.
CASE STUDY
1. This is best shown by the recent Hermes v. Mason Rothschild case, which
revolves around the interaction of trademarks and NFTs and poses
important queries regarding the scope of "real" world trademark rights'
applicability to the virtual realm. In one instance, Mason Rothschild, the
founder of NFT, was sued by luxury company Hermès for trademark
infringement because Rothschild had developed a virtual line of purses
known as "MetaBirkins." Similar to the popular Hermès BIRKIN bag design
coated in various furs, the MetaBirkins NFT bags were created. The
MetaBirkin NFTs generated over $1 million in revenue when they were sold
for high prices. In this trademark dispute, Hermes prevailed, and a New York
jury gave its approval. The jury decided to give Hermes $133000 in
damages.

The Delhi High Court determined that

trademark infringement occurred when a
trademark that was identical to the plaintiff's
trademark was used in a virtual environment
in the Exphar SA v. Eupharma Laboratories
Ltd. case. The defendant's use of a
confusingly similar trademark, the court said,
was likely to lead to consumer confusion.
 EXAMPLES
Tanishq launches its Reliance Industries
jewellry brand on has also purchased the
metaverse becoming registration for "Ajio
one of the firsts of its Luxe.
kind to do so

McDonald's, a well-known
fast food restaurant, has
submitted a request to
register the mark
"McCafe"
CHALLENGES
RELATED TO IPR
IN METAVERSE
CHALLENGES RELATED TRADEMARKS ; The
question of whether and, if so, under what
circumstances there is a likelihood of
confusion between a trade mark protected
for physical goods and a sign used/applied
for the virtual versions of those goods (or
of comparable virtual goods), without any
specific protection for "virtual goods," will
be one of the most important ones in this
context.
CHALLENGES SPECIFIC TO COPYRIGHTS
; Copyright pirates are anticipated to

80%
be a problem because copyright
holders may find it difficult to prove
that their work is protected when the
original work is barely or never used.
Additionally, content producers
need to confirm that the licenses
that currently support their works
permit use in the metaverse.
CHALLENGES SPECIFIC TO PATENTS : It is difficult to get
software-related patents approved. In all parts of the world
.Inventions for simulation programs are challenging to
obtain for European and asian countries like India because
tof the lack of proper patent applications for the
same.These limitations do not, however, hold globally.
Software inventions are much simpler to acquire in the
United States where applications for pure software patents
for the Metaverse have already been made.
 SOLUTION
Secondly, keep an eye out
The first thing you should do
for instances of infringement
is register your patent,
in the metaverse. This can
trademark, or copyright with
be done manually or with the
the appropriate authorities
aid of software programmes
in the area in which you are
that scan for instances of
interested.
infringement
SOLUTION °1 SOLUTION 2
Digital assets are
Third, think about granting
accompanied by a
licences to users of your
certificate of ownership
intellectual property within
known as Non-Fungible
the metaverse. This gives
Tokens, or NFTs. These make
you extra revenue streams
sure the ownership and/or
and guarantees that your
possession of a digital asset
intellectual property is used
is recorded on a digital
according to your
ledger using blockchain
preferences.
SOLUTION 3
technology.
In conclusion, the lack of clear laws in
India that effectively regulate the
Metaverse has increased the risk for
its users. We are starting to see a legal
gap when it comes to ensuring the
dependability and security of this new
platform.

CONCLUSION
While Metaverse is still in its early
stages of development, regulators
must act now to prevent the
technology from advancing and
increasing the difficulty of supervision.
Regulation will become more
challenging and user dependence will
increase if they wait.
THANK
YOU