Intellectual Property Protection On Virtual Reality And Augmented Reality Generated Content: With Special Emphasis On The Case Of Hermez V Rothschild

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Druthi V Kannambadi, School of Law, Christ (deemed to be university)

ABSTRACT

The age of technological advancements overpowering the existing human capabilities is not far along. The creation of Virtual reality will fundamentally change the future for all disciplines across the board, ranging from the ancient practice of medicine to the highly saturated world of entertainment. While all tech giants are stuck in a rat race to develop the next best program, there has been relatively little attention given to the protection of these advancements under intellectual property law. Intellectual property protection spans various categories, including patents, trade secrets, and more. However, the global judiciary systems are currently not equipped to adjudicate disputes that arise from intellectual property infringement in a virtual or augmented reality context. Protecting intellectual property in just one physical dimension becomes increasingly insufficient when content can now exist in multiple digital realms. This paper explores the unique challenges posed by VR and AR generated content and the types of feasible protections that can be afforded to creators in this new space. Special attention is given to the recent case of Hermès v. Rothschild, which highlights the growing issues surrounding IP rights in the virtual world and offers a valuable framework for addressing these challenges. This case serves as an example of how current IP laws are being tested and provides insight into possible solutions for extending protection to content that exists in digital dimensions. As VR and AR continue to expand, the need for comprehensive legal frameworks to safeguard intellectual property across different realities becomes more urgent than ever.

Keywords: Abstraction-Filtration-Comparison Method, Augmented Reality, Copyright, Extended Reality, Patent, Virtual Reality.

INTELLECTUAL PROPERTY PROTECTION ON VIRTUAL REALITY AND AUGMENTED REALITY GENERATED CONTEN.

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