Metaverse and designs

Quick read

The UK IP Office has published a government-commissioned independent report on potential IP issues relating to the metaverse. It sets out some useful definitions of the metaverse and its characteristics, as well as potential solutions to current IP issues raised by the metaverse.

Design protection is particularly important to the metaverse as many (if not all) of the visual features of digital environments can be protected by designs (eg icons, animated characters, interfaces, virtual spaces, virtual goods etc). Luxury brands, in particular, have made substantial investment in the metaverse at an early stage which shows the potential importance of the space.

However, the convergence of physical and digital poses some legal challenges. The report highlights the following areas where clarifications in design law are required:

Whether design protection extends to digital designs that are not embodied in a physical article or product.

How digital designs should be represented and classified for the purposes of registration.

Whether use within the metaverse amounts to a disclosure which should be taken into account in determining the novelty and individual character of subsequent designs.

The criteria for considering potential infringing use in the metaverse.

Whether the making available of a design in the metaverse is sufficient to give rise to unregistered design protection.

Many of these questions are answered from an EU perspective under the EU's new design package (more here). However, uncertainties remain in the UK. The UK has indicated that it intends to conduct further consultations on the UK design regime this and next year. Presumably, it will seek to address the above and more.