The rights of trademarks in the Metaverse: how to protect them?

The 'Metaverse' is presented as the future of socialization dynamics, not only of companies but of humanity, a concept that could be summed up in a world of virtual reality in which people could socialize, play and work.

While for many it is still very diffuse, it invites trademark owners to begin to understand what tools they have to protect their rights in this parallel virtual world.

In statements to INFOBAE COLOMBIA, Lola Kandelaft, an expert in intellectual property, there are two questions that need to be answered; the first has to do with the category in which the trademark must be registered in order to apply to virtual products or services offered in the Metaverse.

“When applying for a trademark registration, the applicant must choose the class or classes for which they require protection, and give a detailed list of the products and/or services that the trademark will protect. In that case, the principle of specialty establishes that the right of exclusive use is limited to those products or services for which the trademark has been registered. This principle is embodied in the Nice International Classification, which groups a large list of products and services into 45 categories,” explained Kandelaft, who is one of the most comprehensive Colombian experts on the subject.

Now, none of these categories include virtual products such as those offered in the Metaverse, and there are only a few virtual services, for example those of “Holding virtual exhibitions online” or “Entertainment services, namely virtual basketball leagues”.

On the other hand, the second question is related to the territory in which I must register my trademark in order for it to have legal effects in the Metaverse.

Territoriality is another principle challenged by the virtual world, since physical borders do not allow us to determine with certainty the scope of the right to exclusivity; a situation that is not new for the lawyer, but in respect of which “the applicable jurisprudence consists in determining the target audience of a website or shop e- commerce, taking into account the language and currency used, the domain extension or the destinations to which they offer shipments,” said the expert for INFOBAE COLOMBIA.

However, to answer both questions, Lola Kandelaft insists that we must wait for the jurisprudential development of the courts, and that intellectual property rules are updated to adapt to this new reality, one that challenges the core principles of trademark law.

According to Microsoft's “Labor Trends Index” report, 52% of employees consider transitioning to a hybrid or remote model in their current role over the next year. The report comes from an external study of 31,000 people in 31 countries including Argentina, Brazil, Colombia and Mexico.

In this context, where people are prioritizing digitization, 54% of decision makers within companies (directors and managers) say that next year they will focus their efforts on redesigning meeting rooms to be more friendly to hybrid work. This means that they will invest in more technology and support to sustain a model where virtuality says present.

When reading these trends, one cannot help but think that the metaverse is beginning to appear strongly as an environment of interaction where virtual and augmented reality will seek to enhance, among other things, remote and hybrid work. The report makes it clear that employees do not want to leave the home office completely behind.

In context | How will the metaverse be applied at work - Infobae

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