How to protect intellectual property in the metavers

How to protect intellectual property in the metavers

The same brand may have different headlines in different countries

While the metavers builds its augmented reality, presents access devices and exposes clues on how to idealize its operation, hundreds of companies in each country seek to delimit territory and announce that they are already there. This pioneering profile that runs to where they call “gold!” part of the entrepreneurial culture. As in all waves of the Internet, its main merit lies in the tangential risks and the prediction of solutions that will be modeled from the succession of problems they expose. The idea is for the fastest and most planned to stand out and thrive.

Exactly 30 years ago, in 1992, commercial use of the Internet began. All the learning of this period will be applied in the metaverse, which, in itself, is the result of mistakes and successes of the innumerable “virtual universes” that try to digitally replicate human interaction.

In the current context, questions are repeated, ranging from simple questions about their operation, scope and usefulness, to more complex ones such as the legislation to be applied, the forms of protection and the resolution of conflicts.

In the metavers, the challenge in terms of the applicable legal system is greater than many may say at the moment. International organizations are already working on this issue.

While discussing what to do in cases of sexual harassment, racist attacks and miscellaneous intolerance, the movement focuses more effectively on those who already have a concrete idea of ​​being present in this “earthly mirror”, but have not. done. but defined at what time, shape, and extent.

They are only sure that they will deal with the same kind of replicants that intelligence copy mass-produces in asymmetric economic processes.

So the central question is: how to protect intellectual property assets and schedule an entry into the metaverse?

The first line of defense is the protection of trademark property. The registration of a trademark, currently carried out in Brazil, has national validity and can be replicated in other countries through signed protocols.

However, in many cases, the same brand has different owners in different countries. So the questions here are: how does this brand look in acting in a universal metaverse environment? How to establish comprehensive protection? How to resolve conflicts in this environment?

These are simple and real examples and conflicts in this regard tend to increase, which is a burden for those who do not plan this raid.

Thus, if a company intends to enter into metavers, even in the medium term, it is very important to carry out a prior plan for the protection of intellectual property assets. This plan includes the mapping of current assets, records and forms of protection performed and should be linked to the set of future actions of the business, considering the consequences of the metavers.

The preparation projects of this moment can be recognized as “dig in”, in which, in a determined and intense way, lines of defense are established, legal trenches, anticipating competitive attacks of different levels.

This action lists all intellectual property assets, software, copyrights, trademarks, commercial image, patents, industrial designs, current situation, investments and projections.

Each projection will make it possible to anticipate and plan protection, minimize future costs and risks and, above all, define the essentials. Rather than being there, the positioning to develop businesses where billions of people claim to be at some point.

Mariana Valverde is a professor and lawyer specializing in intellectual property, a partner of Moreau Valverde Advogados.

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