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Virtual Worlds, Real Rights: Safeguarding Intellectual Property In The Metaverse




Kirti Singh, Lloyd Law College

Deeptanshu Shekhar, Lloyd Law College


ABSTRACT


Metaverse presents new sets of opportunities and challenges concerning Intellectual Property protection. This paper aims to look at the role copyright, trademark, and patent law play in protecting digital creations like virtual art and branded goods within this new domain. While international agreements such as the Berne Convention provide some background, the borderless nature of the Metaverse wholly bars enforcement, raising real mast concerns more especially for India.


Several challenges in India include jurisdictional problems, issues in protecting cultural identification, and the widening digital divide. The real risk of IP theft being a major concern is due to big overseas platforms where Indian courts have hardly any jurisdiction.


To find their way through this and to give India a fair chance, a multidimensional strategy is suggested. It would include amending the Trademark Act and Copyright Act to clearly include virtual goods, forming a "Digital Goods Registry" that will give digital assets legal recognition, and finding ways to bridge the digital divide via public access centres and incentives for domestic manufacturing. The framework will then go on to propose a Digital Heritage Council to protect cultural integrity and an ethical governance model based on sound domestic legislation and international cooperation to ensure a safe and inclusive Metaverse.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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