At the 12th Regional Intellectual Property Crime Conference for the Middle East and North Africa in UAE, specialists emphasized that meticulous laws must be in place to determine legal conflicts within the online world. Companies should make certain they safeguard their trademarks through this virtual sphere and guarantee their exclusive assets are safeguarded in the metaverse, a senior government prosecutor noted during his address at said conference.
It’s Hard to Protect Intellectual Property in Metaverse
Ali bin Khatam, senior advocate general at Dubai Public Prosecution of UAE, acknowledged that protecting intellectual property in virtual reality “poses a complex legal challenge.”
“The metaverse poses intriguing questions like who will protect trademarks in the digital realm and if companies need to register their trademark rights for this space,” he said. “It is essential that we develop laws and solutions applicable to these matters.”
Currently, it is simple to replicate a trademark in the metaverse by replicating an existing one from real life. That being said, the greatest challenge lies with defending trademarks that have been copied in different virtual realities- and for this issue, we must introduce legislation to protect them.
Recent MetaBirkin Case Triggered This Approach of UAE
The legality of NFTs has been a mystery. Still, the case between Hermes International and MetaBirkin’s digital artist Mason Rothschild recently opened a window into how IP law is applied to this new technology. The Manhattan federal jury awarded Hermes $133,000 in damages after determining that Rothschild’s sale of nonfungible tokens was infringing upon their trademarked “Birkin” product. This ruling clarified an area of dispute previously facing much ambiguity, confirming that intellectual property laws can be extended to include these revolutionary digital assets.
Mr. Bin Khatam pointed out that prosecutors have difficulty determining the jurisdiction in cases occurring within the metaverse; whether it’s in UAE or another country, this creates a legislative vacuum. He suggested that collaboration between countries through an international police organization like Interpol would be necessary to determine these types of cases with greater certainty.
UAE Officials Say Metaverse Needs to be Regulated
Brigadier Jassim Al Antali, from the Abu Dhabi Police Academy, emphasized that as virtual reality becomes more commonplace in everyday life, laws and regulations must also be put into place. “The metaverse can have a darker side which is why proper legal mechanisms are vital to address potential issues,” explained Brigadier Al Antali. “For instance, it’s still unknown how one would apprehend an individual if they were charged with breaking the law within the metaverse.” He then went on to further explain: “It’s essential for us to build security structures and educate our authorities regarding criminal acts inside of virtual reality.”
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