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Skins protection in Metaverse

July 25, 2022 By Mariana Valverde Professor and lawyer specializing in intellectual property, partner of Moreau Valverde Advogados

Users and players of virtual games are already familiar with the famous skins. These are intangible goods that can be purchased in the virtual environment to enhance and decorate avatars, such as clothes, shoes, accessories and more. The sale of skins in games is worth approximately US$10 billion a year, according to data from Globe Commerce.com, and is growing exponentially every day. With an eye on this new era, the big brands are already starting to launch their products and collections in the Metaverse in the form of skins. One example is Nike, which has even announced the purchase of TFKT, a leading company in the development and production of digital creations. Just as happens in real life with luxury goods and objects of desire, on Web 3.0 users are beginning to identify and differentiate themselves by their skins. As with any asset that is being valued, and considering the new environment of the Metaverse, we began to discuss the protection mechanisms applicable to it. Skins are protected by Copyright Law 9610/98, which states: "Art. 7 Protected intellectual works are creations of the mind, expressed by any means or fixed in any medium, tangible or intangible, known or invented in the future. Trademark and design protection under the Intellectual Property Law also applies to skins and must be respected by users. However, although these regulations can and should be applied by those seeking protection, we must not forget that the Metaverse is a universal environment that lacks its own common legislation. Thus, the first conflicts involving the protection of these virtual creations began to emerge. At the end of 2021, the Metabirkin was launched and everyone understood that it was the entry into Web 3.0 of the legendary and coveted Hermes handbag. The thing is, Metabirkin wasn't launched by Hermes, which led the brand to start one of the first disputes in this universe. The misuse of skins has also been debated by the Brazilian Free Fire League (LBFF), which punished Meta gaming for misusing skins. This is just the beginning of a new era that will certainly lead to discussions and debates, but there is no doubt that those who invest in protection will come out on top.