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​ 

April 30, 2026
Vietnam’s Decree No. 134/2026/ND‑CP, which took effect on 9 April 2026, plays an important role in detailing and implementing Vietnam’s Intellectual Property (IP) Law in the context of rapid digital transformation and the growing application of artificial intelligence (AI). The new decree provides comprehensive guidance on the application of copyright and related‑rights regulations, addressing key issues such as authorship, ownership, statutory exceptions and limitations, registration procedures, and enforcement mechanisms. Through these measures, Decree 134 seeks to achieve an appropriate balance between safeguarding the legitimate interests of rightsholders and fostering innovation, research, and technological advancement, thereby strengthening the state’s framework for the effective management, protection, and exploitation of intellectual property in the digital and AI‑driven environment. Some notable aspects of Decree 134 are discussed below. Copyright for AI-Created Works Decree 134 provides important guidance on the determination of copyright and related rights in works created with the assistance of AI. Article 5a reaffirms the principle that human creativity remains central to copyright protection, clarifying that copyright or related rights arise only where a human makes a substantial and decisive intellectual contribution, exercises effective control over the creative outcome, and assumes responsibility for the content and its legality. At the same time, the provision confirms that AI is regarded solely as a technological tool rather than a rights‑holding subject, thus ensuring consistency with the fundamental concepts of authorship and ownership under the IP Law. By introducing requirements on transparency, proof of human contribution, and compliance with AI‑specific labelling and technical marking obligations, Decree 134 establishes a clear and enforceable legal framework for the responsible use of AI in creative activities. Lawful Use of Copyrighted Texts and Data Article 37a of Decree 134 sets out the specific conditions under which copyrighted texts and data may be lawfully used for scientific research, experimentation,
Read More
April 23, 2026
Vietnam has progressively positioned blockchain as a strategic technology within its broader digital transformation agenda over the past decade. From early policy orientations to more recent legislative developments, the regulatory approach has gradually shifted from high-level recognition to more concrete legal integration. Against this backdrop, a new draft decree regulating activities relating to product and goods identification, authentication, and traceability (the “Draft Decree”) marks a notable turning point. Rather than merely referencing blockchain as a policy priority, the Draft Decree incorporates blockchain directly into a nationwide regulatory system, positioning it as part of the underlying infrastructure for data governance and public administration in relation to the management, verification, and traceability of product-related data. Evolution of Vietnam’s Blockchain Legal Framework: The Draft Decree in Context Vietnam’s blockchain legal framework has developed in several distinct phases. The first phase, beginning around 2019, was characterized by high-level policy recognition in several resolutions of the Party Central Committee. Particularly, blockchain was identified as part of the broader category of digital technologies critical to industrial modernization and participation in the Fourth Industrial Revolution. These resolutions did not regulate blockchain directly, but established its strategic importance at the national level. The second phase (2023 to 2025) saw the introduction of national strategies and technology policies that more explicitly recognized blockchain as a priority technology. Those policies collectively signaled a clear policy commitment to developing blockchain infrastructure and applications. However, these instruments remained largely at a policy-level and did not establish binding regulatory frameworks. The third phase (from 2025) involves the gradual integration of blockchain into sectoral legislation. Laws such as the Law on Digital Technology Industry (2025), the Law on Personal Data Protection (2025), and the Law on Science, Technology, and Innovation (2025) have introduced concepts such as digital assets, crypto assets, and even specific
Read More
April 21, 2026
Thailand’s Personal Data Protection Committee (PDPC) has launched a public consultation period on a draft notification setting out criteria for data subject access requests (DSARs). The draft notification addresses practical uncertainties in handling DSARs by introducing standardized procedural requirements for data controllers. The consultation period runs from April 16 to May 15, 2026. The notification will enter into force 30 days from the date of its publication in the Government Gazette. Key Features of the Draft Notification The draft notification covers the following key areas: Scope of information subject to access. Data controllers must enable data subjects to access at least the following upon request: (1) personal data collected directly from them; (2) personal data obtained from other sources; and (3) the source of personal data obtained from other sources without consent. Information required under section 23 of the PDPA and information that must be recorded pursuant to section 39 of the PDPA—such as the categories of personal data collected and purposes of processing—must also be made available. Submission channels and formal requirements. Data controllers must provide at least in-person and postal channels for DSARs, while electronic or other channels are optional. Requests may be made either directly by the data subject or through an authorized representative, and must be signed and include sufficient identifying information, a preferred response method, and DSAR details. Identity verification documents (and proof of authority if the request is through a representative) are required, and additional documentation may be requested for verification or communication purposes. Data controllers may use different verification methods for DSARs submitted via electronic or other channels, provided this does not create undue obstacles to the exercise of data subject rights. Verification and response timelines. Data controllers must complete preliminary verification within seven business days of receiving a request. If a
Read More
April 10, 2026
Thailand has introduced new regulatory guidance requiring digital platform operators to adopt structured, transparent, and fair fee practices. On March 16, 2026, the Electronic Transactions Development Agency (ETDA) published Announcement No. DPS 2/2569, titled “Guidelines for Transparency and Fairness in Digital Platform Service Fee Determination,” issued under the Royal Decree on Digital Platform Service Business Operations B.E. 2565 (2022). The guidelines establish a framework governing how digital platform operators should set, disclose, and adjust fees charged to users and related service providers such as logistics and payment providers. Although framed as best-practice guidance rather than legally binding rules with explicit penalties, the guidelines carry regulatory weight under the royal decree and represent a significant step toward structured governance of digital platform fee practices in Thailand. The guidelines establish various transparency principles and divide fees into two distinct categories—compulsory and additional—with specific governance principles for each. Transparency Principles The guidelines recommend that digital platform operators adopt several transparency measures to ensure that users can fully understand the costs of using a platform. Fee catalog. All fees should be consolidated into a single, accessible location, which should include the fee name, definition, scope of covered services, calculation methodology, rate, billing period, and calculation examples. Minimum service disclosure. Operators should disclose the minimum service that users can expect, such as baseline visibility, product listing capabilities, access to transaction data, and back-end dashboard access. Price structure disclosure. Operators should disclose the categories of costs underlying their fees, such as system maintenance, cybersecurity, and operational costs. While exact cost figures need not be made public, operators should be able to provide numerical data to regulators upon request. Clear fee formulas. Fee calculations should be simple and easy to understand—for example, percentage of net sales, cost per order, or cost per product listing. Operators should
Read More