You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

January 31, 2022

Immersing Intellectual Property Rights in the Metaverse

Subscribe to Updates

What is the Metaverse?

For now and the foreseeable future, the metaverse can be explained as an immersive online experience that utilizes virtual reality (VR) and augmented reality (AR) technology and devices—theoretically, a world of unlimited imagination. Although many believe the metaverse to be the next-generation of the Internet, it is not a new concept. In fact, it has been under serious discussion and in development for at least 10 years, building on a concept that has been well-established in science fiction for decades.

Of late, the metaverse has gained a higher profile because major tech companies, such as Meta (formerly Facebook) and Microsoft, have announced their plans to develop new metaverse platforms  for both entertainment and working purposes. This has stimulated enthusiasm from other industry players to develop ecosystems compatible with the major players’ metaverse visions, in a manner that is increasingly accessible for general users. However, we are yet to witness the creation of actual products and services, which will be necessary for general users to truly understand this technology.

The industries most likely to experience an immediate impact from the metaverse are entertainment, gaming, education, and finance. In addition, cryptocurrencies are likely to be used heavily in the metaverse ecosystem, providing a boost to that already rapidly expanding industry.

Amid all these changes, it will be crucial for anyone involved in the metaverse to understand the intellectual property rights (IPRs) associated with the digital components that comprise it. This article will discuss the anticipated challenges and opportunities of IPR owners with respect to the upcoming world of the metaverse.

Opportunities for IPR Owners

In the short term, there will likely be new opportunities for brand owners in the technology industry to develop AR and VR devices, enhance their user-friendliness, and make them cheaper and more comfortable for longer use. There will also be more opportunities for AR technology-related devices for use with a larger variety of items, such as eyewear and other objects that make AR and VR more accessible to general users.

As a result, there will also be new opportunities for IPRs in this field, such as new patents for device- and software-related technologies. With new technologies, we will see the creation of new brands or product lines, and thus, new trademarks which may be used in both the physical and virtual worlds.

To fulfill their proper function in the immersive experience of the metaverse, these trademarks will likely be nontraditional (such as moving image marks or sound marks), which will lead to an increase in the volume of protection afforded to such nontraditional trademarks. Moreover, it will be very important for IP owners to consider the proper classification of these new trademarks since they will be used with new types of goods and services. For example, some existing trademark classifications that may apply to metaverse goods and services include class 9 (downloadable virtual goods), class 35 (retail store services featuring virtual goods), and class 41 (online entertainment services).

As new online platforms are created, there will be opportunities for new patentable technologies and copyright protection for software-related inventions and games, including patents for blockchain-related technologies and cryptocurrencies.

Managing and Mitigating Risks of Infringement

As identifying and locating infringers in the metaverse could be more challenging, more advanced investigation methods will be necessary. This risk applies to all categories of IP assets in the metaverse. For example, the sale of copyrighted NFT artwork in the metaverse may consist of both authentic and fake NFT artwork, and there may be risks of trademark infringement in the buying and selling of items in the virtual marketplace. Patent infringement issues might also arise as the process of developing technologies could infringe patents related to the metaverse, and potential trade secret misappropriation issues could occur in virtual meeting rooms hosting discussions of confidential information.

These challenges and risks can be guarded against by proactive trademark registration for new types of products and services—especially nontraditional trademarks. Using a trademark consistently while conducting business in the metaverse can create acquired distinctiveness, which can make a nontraditional trademark registrable. Furthermore, regular monitoring and searching to collect evidence and identify patterns of online infringement can help strengthen the development of new IP enforcement strategies.

Proactive Enforcement Strategies for the Metaverse

Brand owners can stay in control of their trademarks or copyrights by engaging in more advanced investigation methods, adapted to identifying risks of infringement in the metaverse. In addition to regularly monitoring and searching for potential infringement, virtual investigators (involving people, automated systems, and artificial intelligence) will possibly need to be deployed to help IP owners keep track of how their intellectual assets are used in the metaverse.

Essentially, the metaverse is made up of online services, and major service providers may be located outside the country where infringement occurs. A host server being located outside the IPR holder’s country can pose challenges to online enforcement, so laws in each country may have to be individually analyzed to assess local notice-and-takedown procedures and website-blocking mechanisms. This is complicated, however, by differences in the development of IP legislation and practices in different jurisdictions. In some countries, IP enforcement tends to take place through administrative procedures, whereas in countries with more mature IP practices, court injunctions tend to be more common and accessible. Regardless, the collection of infringing evidence is a very important preliminary step, and it may be most effective to focus on comprehensive trademark and patent prosecutions in countries with large numbers of users.

Future of IPRs in the Metaverse

IP appears to have a promising future in the metaverse, which will usher in new types of nontraditional trademarks, new goods and services encompassing a range of trademark classifications, and new patentable VR- and AR-related technology. The shift to virtual reality may also create additional issues related to maintaining the confidentiality of trade secrets. As the establishment of appropriate measures to maintain secrecy is one of the fundamental legal requirements for protecting trade secrets, the virtual landscape will require new methods to maintain this secrecy beyond the orthodox methods of signing nondisclosure agreements or limiting access with biometric technology.

The metaverse will present challenges for IP law and IPR holders, but there will also be important opportunities for IP to evolve and become compatible with the metaverse ecosystem. Grasping these new opportunities to adapt to the metaverse will be both valuable and necessary to sustain the continued adaptation of IP law to novel technological advancements.

Related Professionals

Industries

Technology

Practices

Intellectual Property

Locations

RELATED INSIGHTS​ 

September 30, 2026
On September 15, 2026, Vietnam’s Ministry of Finance (MOF) released for public consultation a draft circular on reporting and information disclosure in the pilot crypto asset market. The draft implements Resolution No. 05/2025/NQ-CP on the Pilot Implementation of the Crypto Asset Market in Vietnam and provides further detail on how licensed crypto asset service providers (“CASPs”) will be supervised once the market becomes operational. The draft indicates a data-intensive supervisory model, with licensed CASPs serving as the first line of market oversight. Public Disclosure Requirements The draft imposes detailed public disclosure requirements on CASPs, aimed primarily at market transparency. CASPs and crypto asset issuers must make disclosures in both Vietnamese and English, retain reported and disclosed information for at least 10 years, and keep information published on their websites accessible for at least five years. For CASPs, disclosure obligations arise both periodically and when specific events occur. A CASP must announce any crypto asset to be admitted to trading on its website at least seven days before trading begins and publish periodic financial statements. Certain extraordinary events and information requested by the MOF must generally be disclosed within 24 hours. CASPs must also provide ongoing market information. During trading hours, they must publish key trading data, including prices and volumes, daily highs and lows, average prices, the three best bid and offer levels, and transactions by foreign investors. By 9:00 a.m. each trading day, they must publish specified information on the previous day’s trading activity. Regulatory Reporting Requirements Separate from public disclosure, the draft requires CASPs to provide regulators with detailed information enabling ongoing supervision of their operations and the market. For market activity, CASPs must report decisions to admit or remove a crypto asset from trading within 24 hours, submit previous-day trading data to the State Securities Commission
Read More
September 24, 2026
Vietnam is implementing and developing a broad package of regulatory reforms that could reshape how IP, data, digital platforms, and product authenticity are regulated and enforced. Several of the key measures have been led by the Ministry of Public Security in its legislative and administrative capacity, as part of a broader government effort. The core reform package consists of four key legal instruments: proposed amendments to the Criminal Code, a proposed new Data Security Law, a draft Decree on Product Identification, Authentication and Traceability, and the newly enacted Decree No. 330/2026/ND-CP. These instruments include rules on criminal enforcement, data security, electronic identification, product identification and traceability, administrative violations, and cybersecurity sanctions. Combined, these measures will affect copyright enforcement, industrial property rights, trade secrets, AI training data, product provenance, online takedowns, valuation of counterfeit goods and electronic evidence. It is worth noting that, in addition to strengthening criminal penalties for IP crimes, Vietnam’s emerging regulatory framework increasingly treats infringement, data misuse, product authentication, and platform-enabled violations as interconnected regulatory and enforcement challenges. For rights holders and foreign investors, this could mean stronger tools against counterfeiting and online infringement, but also more compliance obligations around data, traceability, AI, platform controls and government-facing reporting. Expansion of Criminal IP Enforcement Proposed amendments to Article 225 of the Criminal Code would expand criminal copyright exposure beyond reproduction and distribution to cover large-scale commercial public performance and online communication of works, phonograms and video recordings. This is important because piracy is increasingly about streaming, unauthorized communication, and platform access models rather than physical copying. Aggravated copyright infringement could be subject to up to 10 years in prison for individuals and fines of up to VND 6 billion (about USD 228,300) for commercial legal entities. The amended Article 226 would expand criminal industrial property liability beyond
Read More
September 17, 2026
Thailand’s Office of the Consumer Protection Board (OCPB) has released for public comment a draft bill to amend the Consumer Protection Act B.E. 2522 (1979), the country’s foundational consumer protection legislation. The draft amendment aims to modernize the nearly five-decade-old framework to address the rapid growth of digital commerce, online advertising, influencer marketing, and new business models. The public consultation period is open until October 10, 2026. Expanded Definitions Covering Digital Commerce The draft significantly broadens several core definitions to capture modern commercial activities: “Consumer” is expanded to include natural persons and nonprofit juristic persons who purchase or receive services, including those solicited by businesses and end users who do not directly pay for the goods or services. “Business operator” now explicitly covers advertising business operators and hired advertising persons, such as influencers and content creators. “Advertising media” is expanded to include digital platforms, social media, and social media user accounts. “Label” now encompasses electronic labels—symbols, codes, or other electronic formats displaying product information. Influencer and Advertising Disclosure Requirements In addition to these expanded definitions, “hired advertising person for selling goods or services” is a new definition covering influencers, content creators, live streamers, affiliate marketers, and virtual online media operators who receive monetary compensation or other benefits for advertising goods or services. Hired advertising persons—including influencers and content creators—must disclose to consumers that content is advertising and reveal their relationship with the business owner. Disclosure is required when the business owner employs the advertiser, pays or provides other benefits for the advertisement, or provides free or discounted products or services. These requirements apply where consumers would not otherwise know that the business has a connection to the person presenting the content. Labeling Requirements for Importers The draft introduces a clearer labeling obligation for importers of label-controlled goods, who must
Read More
September 11, 2026
Thailand’s National Broadcasting and Telecommunications Commission (NBTC) has published a new five-year master plan that will bring significant regulatory changes to the broadcasting and digital media sectors, including formal licensing requirements for internet-based audiovisual services. The Master Plan for Broadcasting and Television, 3rd Edition (B.E. 2569–2573/2026–2030) was published in the Government Gazette on September 1, 2026, and will affect OTT platforms, internet-based audiovisual service providers, and traditional broadcasters. Licensing Reform The NBTC will develop new licensing frameworks ahead of existing digital television license expirations, which are slated to occur between 2028 and 2030. This creates both uncertainty and opportunity for incumbents and new market entrants. New licensing criteria will also be developed for audiovisual services delivered over the internet, meaning previously unregulated internet-based providers may face licensing, fee, and content obligations for the first time. The plan also calls for a new law to govern converged communications services. OTT Regulation and Content Oversight The plan explicitly acknowledges and aims to lessen the regulatory asymmetry between traditional broadcasters—which are subject to licensing, fees, and content regulation—and internet-based services that currently face fewer obligations. The NBTC intends to develop regulatory frameworks to bring internet-based audiovisual services, including OTT platforms, streaming services, and user-generated content platforms, under content, consumer protection, and licensing requirements. Consumer Protection and Digital Rights The NBTC will strengthen its oversight of broadcasting, television, and telecommunications operators to ensure compliance with consumer protection and personal data protection requirements. This includes updating relevant notifications and orders and more strictly enforcing rules against practices that unfairly exploit consumers. These measures may layer NBTC-specific requirements on top of Thailand’s existing Personal Data Protection Act obligations. Stricter enforcement against practices that exploit consumers is a priority, with particular scrutiny on advertising practices. The NBTC will modernize complaint resolution processes, meaning service providers should
Read More