ScholarWorks@중앙대학교

초록

The metaverse is an integrated digital space that merges reality and virtuality, built on technologies such as blockchain, NFTs, and VR/AR. The emergence of this new digital ecosystem has significantly transformed the creation, distribution, and consumption of content, leading to the replication and utilization of real-world trademarks, copyrighted works, and personal images as virtual assets—thus raising critical issues of intellectual property (IP) infringement. Focusing on trademark infringement in the metaverse, this study comprehensively examines the legal, technological, and policy-based responses to these emerging challenges. The 2023 U.S. case of Hermès v. MetaBirkins is regarded as a landmark in establishing criteria for trademark infringement in virtual spaces. In this case, the court ruled that even virtual products could constitute infringement if they cause consumer confusion about the source of the trademark, signaling the need to revise traditional legal doctrines that have strictly separated physical and virtual domains, and calling for a paradigm shift in IP protection systems. This study first investigates whether registration of physical trademarks can extend to the protection of digital assets in the metaverse. Second, it analyzes the applicability of copyright protection and ownership attribution to NFT-linked digital creations. Third, it reviews the policy developments of the European Union Intellectual Property Office (EUIPO) and the World Intellectual Property Organization (WIPO) regarding IP protection in the metaverse. It also compares domestic and international cases involving trademark, copyright, and publicity rights violations, and explores limitations in existing legal frameworks and directions for reform. In conclusion, effective protection of intellectual property in the metaverse requires a flexible restructuring of designated goods classifications, clear delineation of platform operators' responsibilities, deployment of AI-based infringement detection systems, and harmonization of international IP norms. Furthermore, legal interpretation and legislative frameworks must be adapted to ensure a balanced protection of rights among creators, businesses, and consumers in digital environments.

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