Intellectual Property Disputes in the Era of the Metaverse: Complexities of Cross-Border Justice and Arbitration Consideration

• 영문명: Intellectual Property Disputes in the Era of the Metaverse: Complexities of Cross-Border Justice and Arbitration Consideration
• 발행기관: 한국중재학회
• 저자명: 유계환 곽충목
• 간행물 정보: 『중재연구』제33권 제3호, 147~175쪽, 전체 29쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2023.09.30

영문 초록

The emergence of the metaverse, a complex three-dimensional virtual environment, has led to significant changes in the intellectual property (IP) landscape. This paper examines the challenges and legal intricacies of IP within the virtual realm, focusing on the unprecedented nature of these disputes and on the inadequacies of traditional jurisdiction methods. Drawing from international frameworks, including the International Law Association’s Guidelines and WIPO's guides, the study critically explores arbitration as an alternate approach to metaverse IP disputes, analyzing its complexities and applicability. The paper further delves into challenges arising from diverse protection laws that pertain to the global nature of the metaverse, including the nuances of various digital assets like NFTs. By assessing jurisdictional difficulties, the paper addresses the adoption of decentralized justice platforms, and examines the role of Alternative Dispute Resolution (ADR) methods, this paper presents a comprehensive view of the evolving virtual legal field. It suggests that while innovative methods are emerging, traditional arbitration will likely remain the preferred choice for complex disputes, offering a balance of speed, cost-effectiveness, and legal robustness within the virtual world.

목차

Ⅰ. Introduction

Ⅱ. The Metaverse and Intellectual Property Issues

Ⅲ. Metaverse’s Intellectual Property Disputes and Priveate International Law

Ⅳ. Jurisdiction and Governing Law for Intellectual Property Litigation in the Metaverse

V. Conclusion: Decentralized Justice and Arbitration for Dispute Resolution

References

키워드

Metaverse Intellectual Property Disputes Private International Law Decentralized Justice Arbitration