The study highlights the broader concepts of how the Metaverse and related technologies may be misused to facilitate intellectual property (IP) infringement and IP crime, and suggests where techniques and strategies traditionally used to enforce IP needs to adapt and evolve to cope with the challenges of the Metaverse.
EUIPO positions the Metaverse as a virtual reality-based interconnected digital space with the potential to revolutionize the way humanity interacts, conducts business, and experiences the digital world. Intellectual property is at the center of this landscape, presenting both opportunities and challenges.
Objectives of the study
- Outline emerging technologies: to outline the various technologies integral to the Metaverse, highlighting their evolution and potential future developments and directions that could influence IP dynamics.
- Analyse impacts: to examine the societal, economic, criminological, ethical, and environmental implications of the Metaverse on IP, identifying both opportunities for growth and areas of concern.
- Identify misuses, risks and threats: to explore how technologies within the Metaverse may be misused to facilitate IP infringement and crime, focusing on the mechanisms that could undermine IP rights.
- Evaluate enforcement challenges: to assess the enforcement challenges and opportunities presented by the Metaverse, including jurisdictional and governance issues, criminal investigations, and the need for training and capacity building among law enforcement and IP practitioners
The report segments the Metaverse into six layers: physical, digital, virtual, social, economic and IP related
The study focuses on alternative futures – potential evolutionary paths, the nature and types of metaverse crimes, challenges to law enforcement, and requirements for effective forensic tools.
Potential metaverses
The report envisions four potential scenarios for the future of the Metaverse, ranging from decentralised, user-driven environments to centralised platforms controlled by major corporations. Each scenario presents distinct implications for IP rights, enforcement mechanisms, and user experiences, emphasizing the need for adaptive strategies.
An ‘Interconnected immersive metaverse’ would be a complete migration of the Web to an extended reality world. A ‘special interest metaverse’ would be used by gamers and other specialized users, but not a universal replacement for the Web. An ‘isolated virtuality metaverse’ would be a prorietary version of the metaverse in which big companies would compete to become the “real” metaverse. Finally, a centrally controlled metaverse would be propietary environment dominated by commercial or governmental interests.
The EUIPO believes that potential weaknesses and vulnerabilities of the Metaverse ecosystem will facilitate illicit activity, which would target three categories of assets: infrastructure, user information, and virtual property.
The report includes an overall scenario on how IP infringements and IP crime can take place in the different Metaverse futures.
Further reading
Executive Summary: Impact of the Metaverse on Infringement and Enforcement of Intellectual Property. Impact of Technology Deep Dive Report II. Report. October 25, 2024. Catalogue number: TB-01-24-001-EN-N ISBN: 978-92-9156-364-7 DOI: 10.2814/4732968 © European Union Intellectual Property Office, 2024
Full report: Impact of the Metaverse on Infringement and Enforcement of Intellectual Property. Impact of Technology Deep Dive Report II. Report. October 25, 2024. Catalogue number: TB-01-24-001-EN-N ISBN: 978-92-9156-364-7 DOI: 10.2814/4732968 © European Union Intellectual Property Office, 2024
Why it matters
The scenarios described in this report inform the growing need for development of digital forensic and electronic discovery tools to enable enforcement and investigations across the Metaverse.
In recent years, the world has witnessed landmark innovations and revolutionary changes that have transformed economies, commerce, jobs, and society itself, fundamentally altering the way we live, work, conduct business and relate to and interact with one another. Virtual, augmented, enhanced, and mixed reality are among these important drivers of change, and will continue to impact almost every area of our lives, including intellectual property (IP). As these technologies evolve and merge into what is being called the Metaverse, the challenges and opportunities for IP necessarily come into focus.
IP practitioners, IP owners, law enforcement, judiciary and policy and decision makers should be prepared to deal with the impact of infringement and enforcement of IP in relation to the Metaverse. This study provides insights into this impact.
