The subsistence and enforcement of copyright and trade mark rights in the metaverse

Abstract The metaverse has been widely hailed as a symbol of technological progress, presenting an immersive virtual realm that has the potential to transform how individuals engage in social and commercial activities. However, this conception of a borderless virtual world—which purportedly transcends the capabilities and reach of Web 2.0—sits uncomfortably with the territorial nature of IP rights. This article examines the complexities surrounding the subsistence and enforcement of IP rights within the metaverse, with a specific focus on copyright and trade marks. Special attention is paid to issues concerning the choice of law and jurisdiction. Finally, the authors conclude with two recommendations that aim to facilitate and supplement the application of the existing rules in addressing copyright and trade mark infringements in the metaverse.