table of contents
What images are protected as image designs on the Metaverse?
Images protected by the Design Act
Article 2, paragraph 1 of the Design Act states:Images that are protected under the Design Act are limited to those that meet any of the following criteria:It is stipulated that:
(1) Images used for operating a device (hereinafter referred to as "operation images").
(2) Images displayed as a result of the device performing its functions (hereinafter referred to as "display images").
Since the image design on the Metaverse is protected as the image itself, separate from the article, etc.,Images used on the Metaverse may also be protected if they fall under any of the above categories.However, the revised Design Examination Guidelines have now clarified that the following images are not protected by the Design Act:
Items not covered by image design protection
1. Something virtual (represented in a virtual space), such as a 3D object of an electrical appliance
⇒ It is appropriate to limit the scope of rights to those that improve the added value of devices and services related to devices through image designs. Products in virtual space do not contribute to improving the added value of real devices.
2. Images displayed solely by the function for displaying images
⇒This is because content images and decorative images have not traditionally been subject to image design.
Reference: Japan Patent Office Examination Guidelines, revised December 2023
Examples of registered designs that can be used on the Metaverse
Virtual space information display image
Design Registration No. 1738399
NTT Docomo Inc.
[Image]
This image is,Images related to an app that allows users to check various information in a virtual space and communicate with each otherThe video display unit in this image is disposed in a space and displays content such as videos and images.
Images for speech dialogue systems
Design Registration No. 1749627
Nagoya Institute of Technology
[Image]
This image is a two-way communicationSpeech dialogue systemThis is an image displayed in.
Emotion display images
Design Registration No. 1750531
Takanori Kawamoto and Yuki Nariie
[Image]
[Image showing the start of the change]
[Image changed to show expression of "joy"]
This image isEmotion display imagesAs shown in the "Reference image showing an example of a usage state", this is an image intended to express the emotions of people or avatars (hereinafter referred to as "people") in augmented reality or virtual space in order to promote communication between these people or avatars.
Countermeasures against counterfeit goods in the metaverse
Design right
Even if a virtual object that imitates the design of a real product is created and sold without permission in a virtual space, the use and function of the real product and the virtual object (3D object) are often different, so it does not constitute a similar design and it is thought that design infringement will not occur in most cases.
Example) Car ≠ Car used in virtual space
Trademark
Even if you register a trademark for a real product, you cannot exercise your rights against counterfeit products in the metaverse because the products are dissimilar. You must obtain a trademark in Class 9 or Class 42.
Example) Shoes ≠ shoes sold in virtual space
* One possible measure would be to designate new virtual reality products as products (e.g., Class 9: computer programs, etc.). However, be careful of cancellation due to non-use.
Unfair Competition Law
Regarding imitation of product configuration, it has become possible to exercise rights by determining that it is an act of unfair competition even in the metaverse (Reiwa 5 Amendment Law).
Unfair competition regarding product indications does not involve similarity of products or services, as is the case with trademarks, so if there is similarity in the product indications used, it may constitute an act of unfair competition (Article 2, Paragraph 1, Items 1 and 2 of the Unfair Competition Prevention Act).
Copyright
Regarding "practical items," there is some debate as to what extent they can be recognized as copyrighted material in virtual space.
*Content created in a virtual space with the setting of "practical items" may be considered copyrightable. (Doraemon's "Time Machine" etc.)
Reference: September 29, 2023, 23rd Design Examination Guidelines Working Group, Summary of Issues Regarding New Legal Issues Surrounding Content on the Metaverse
