August 5th, 2022 - 09:36 *Mariana Valverde
While Metaverse is building its augmented reality, presenting access devices and giving clues as to how it plans to operate, hundreds of companies in every country are trying to mark out territory and announce that they are already there. This profile of the pioneer who rushes to wherever "Gold!" is shouted is part of the entrepreneurial culture. As with all Internet waves, their main merit lies in spotting risks and predicting solutions that will be shaped by the succession of problems they expose. The idea is that the fastest and most planned will stand out and prosper. Exactly 30 years ago, in 1992, commercial use of the Internet began. All the lessons learned during this period will be applied to the Metaverse, which in itself is the result of the mistakes and successes of the countless "virtual universes" that try to digitally replicate human interaction. In the current context, there are repeated questions ranging from simple ones about how it works, its scope and usefulness, to more complex ones such as the legislation to be applied, forms of protection and conflict resolution. In the Metaverse, the challenge regarding the applicable legal system is greater than many might think at the moment. International organizations are already looking into the matter. While there is already discussion about what to do in cases of sexual harassment, racist attacks and various forms of intolerance, the movement is focusing more effectively on those who already have a concrete notion of being present in this "land mirror" but have yet to define when, in what form and to what extent. They are only certain that they will be dealing with the same kind of replicants that the intelligence of copies produces in series in asymmetric economic processes. So the central question is: how can intellectual property assets be protected and an entry into the metaverse programmed? The first line of defense is trademark protection. The registration of a trademark, currently carried out in Brazil, has national validity and can be replicated in other countries through signed protocols. However, in many cases, the same trademark has different owners in different countries. So the questions here are: how does this trademark look when operating in a universal Metaverse environment? How can broad protection be established? How should conflicts be resolved in this environment? These are simple, real examples and conflicts in this regard are likely to increase, implying a burden for those who do not plan for this incursion. Therefore, if a company intends to enter the Metaverse, even in the medium term, it is of the utmost importance to make a prior plan for protecting intellectual property assets. This plan includes mapping current assets, registrations and forms of protection and must be linked to the business's future actions, taking into account the consequences of the Metaverse. Projects to prepare for this moment can be recognized as "dig in", in which, in a resolute and intense way, lines of defence are established, legal trenches, in anticipation of competitive attacks at various levels. This action lists all intellectual property assets, software, copyrights, trademarks, trade dress, patents, industrial designs, the current situation, investments and projections. Each projection will make it possible to anticipate and plan protection, minimize future costs and risks and, above all, define what is essential. More than just being there, positioning to develop businesses where billions of people intend to be at some point. *Mariana Valverde is a professor and lawyer specializing in intellectual property, partner at Moreau Valverde Advogados.