HARAKENZO World Patent & Trademark

With development of technologies such as blockchain, XR (AR, VR, etc.), quantum technology, communication technology, AI, etc., infrastructures for economic activities in virtual spaces are being improved gradually, and business in virtual spaces is expected to expand.

Virtual space has a potential to become a place where a wide variety of transactions and economic activities take place. Such a place may serve as a new marketplace in which unprecedented values will be offered. In the place, it is also anticipated that virtual goods (digital objects) and services will be created that exhibit values only in virtual spaces and a new form of transactions will increase that can be completed without involving the real world. Further, a change in lifestyle, for example, an increase in proportion of time that users spend submerged in virtual spaces, is expected to occur. In this way, an era never before experienced by the mankind is about to arrive.
Meantime, we are required to deal with unexperienced issues such as platform standardization and compatibility, business relationships in virtual spaces, and problems arising from intersections with the real world. In the area of intellectual property, too, the legal framework has not yet been in place, so it will be necessary to consult with experts more than ever.

We provide support from the aspect of intellectual property to those who are involved in business in virtual space. As your strategic IP partner in virtual space, HARAKENZO more", a group of intellectual property experts, will think together with you, identify problems, and propose solution directions.

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IP Services Related to Virtual Space

(1) Consultations regarding trademarks, designated goods, etc. to be used inside and outside the virtual space.
(2) Consultation regarding digital brands, copyrights, indications of goods etc., digital objects, NFTs, etc.
(3) Consultations regarding terms of use, data contracts, etc.
(4) Consultations regarding technologies and inventions
(5) Consultations on various applications, preparation of written expert opinions, written opinions, etc.
(6) Various other consultations

Examples of inquiries

Trademarks

We want to file an application for a trademark to be attached to real goods and digital objects.
We want to display and sell digital objects in a store in the virtual space. Which trademark class should we choose when filing our application?
Our designated goods are "clothing". Is there any possibility of infringement of our trademark by others in the virtual space?
What should we be careful of from the perspective of the Trademark Act when attaching our trademark to a store, a signboard, a car, etc. in the virtual space?
What are the advantages of registering a trademark for the appearance or name of an avatar that we plan to use in our business activities?
If an individual is using our house mark in the virtual space, can we stop him/her from using the house mark?

Copyrights

Is it acceptable to represent, in the virtual space, buildings in the real world?
Can a photograph taken in the virtual space be protected by a copyright?
Does singing in the virtual space cause any copyright issues?
Is there any way to deal with the case where someone else uses the appearance of our store in the virtual world?
Is there any way to deal with the case where our goods are digitized and sold by someone else?
What should we be careful of from the perspective of the Copyright Act when reproducing cities, billboards, etc. in the virtual space?
If our employee digitalizes an avatar designed by a contractor, what kind of copyright can we obtain?
When an avatar similar in appearance to the avatar created by our company appears, is this not an infringement of our copyright?
When transferring an NFT, what right should we consider?
Does an image displayed on a head-mounted display or on a smartphone screen constitute a copyright infringement?
Although there are no restrictions in the Terms of Use, do we have to obtain the copyright owner's consent in order to issue an NFT?
We own an NFT, but we hear that the copyright is separate from the NFT, so we would like to know how the NFT and the copyright are handled.

Other (Unfair Competition Prevention Act, Designs, Contracts, etc.)

If a digital object to which a trademark is attached is sold in the virtual space, is it considered to be an act of unfair competition?
When attaching a trademark to a store, a signboard, a car, etc. in the virtual space, what should we be careful of from the perspective of the Unfair Competition Prevention Act?
With whom and what kind of contract do we need to make to use an avatar used by a third party?
If we have a contract with Company A to sell goods X in the real world, can we sell digitized goods X in the virtual space?
Are digital garments worn by avatars protected under the Design Act etc.?
Can an image displayed on a head-mounted display or on an operation screen displayed in the virtual space be protected by a design right ?
If a digital object is stolen from a store in the virtual space, can we claim for return of the digital object?
We would like to know what we should pay attention to in the Terms of Use of a platform we are using.
What should we keep in mind when obtaining a license for digital NFT content?
In Marketplace A, NFT holders are allowed to commercialize digital NFT content. We would like to commercialize digital NFT content also in a marketplace where nothing is specified for commercialization of digital NFT content.
Can a virtual image expressed through VR goggles be protected by a design right ?

Information

UK Intellectual Property Office (UKIPO) issued the guidance for "The classification of NFTs, virtual goods, and services provided in the metaverse" (April 3, 2023).
Ministry of Economy, Trade and Industry (METI) issued "Fashion Law Guidebook 2023" including digital fashion (April 2023).
Intellectual Property Strategy Headquarters held "Public-Private Partnership Conference on Dealing with New Legal Issues Concerning Content etc. in the Metaverse (2nd Meeting)" (March 16, 2023).
Intellectual Property Strategy Headquarters held "Public-Private Partnership Conference on Dealing with New Legal Issues Concerning Content etc. in the Metaverse, Second Committee (2nd Meeting)" (February 10, 2023).
Intellectual Property Strategy Headquarters held "Public-Private Partnership Conference on Dealing with New Legal Issues Concerning Content etc. in the Metaverse, First Committee (2nd Meeting)" (February 1, 2023).
Ministry of Internal Affairs and Communications (MIC) issued the interim summary of "Study Group on Utilization of Metaverse etc. for Web3 Era" (February 10, 2023).
Intellectual Property Strategy Headquarters held "Public-Private Partnership Conference on Dealing with New Legal Issues Concerning Content etc. in the Metaverse, Third Committee (2nd Meeting)" (January 30, 2023).
Intellectual Property Strategy Headquarters held "Public-Private Partnership Conference on Dealing with New Legal Issues Concerning Content etc. in the Metaverse, Second Committee (1st Meeting)" (January 26, 2023).
Intellectual Property Strategy Headquarters held "Public-Private Partnership Conference on Dealing with New Legal Issues Concerning Content etc. in the Metaverse, First Committee (1st Meeting)" (January 13, 2023).
In U.S., "INFORMA Consumers Act", which is an act regarding regulation in the marketplace, was passed by the Congress (December 29, 2022).
Digital Agency issued "Web 3.0 Study Group Report" (December 27, 2022).
JASRAC announced music usage fees in the metaverse (December 26, 2022).
Intellectual Property Strategy Headquarters held "Public-Private Partnership Conference on Dealing with New Legal Issues Concerning Content etc. in the Metaverse, Third Committee (1st Meeting)" (December 26, 2022).
"Develop the Web 3.0 Environment" was listed as one of specific activities of the Startup Development Five-Year Plan (Japanese government) (November 24, 2022).
Ministry of Internal Affairs and Communications (MIC) published a special feature article on virtual space in the academic journal "Information and Communications Policy Research", Vol. 6, No. 1 (December 22, 2022).
Unfair Competition Prevention Subcommittee (Intellectual Property Committee of the Industrial Structure Council) recommended legal revisions in light of the metaverse in "Appropriate Form of Unfair Competition Prevention Act in Light of Business Diversification Accompanying Digitization (Draft)" (December 13, 2022).
Intellectual Property Strategy Headquarters held "Public-Private Partnership Conference on Dealing with New Legal Issues Concerning Content etc. in the Metaverse (1st Meeting)" (November 21, 2022).
Japan Digital Space Economy Federation issued "Report for Economic Development in Digital Space" (November 16, 2022).
China Guangdong Internet Association formulated the Compliance Operation Guidelines for issuing NFT Digital Collections (October 2022).
China issued "NFT Rules Evaluation Standard " in the Metaverse Digital Economic Forum (September 2022).
Blockchain-Specialized Committee of the China Telecommunications Industry Association issued "Digital Collection Common Standard 1.0" (September 2022).
Japan Patent Office (JPO) published a special feature article on metaverse in the public relations magazine "Tokkyo (Patents)", vol. 53 (August 2022).
Korean Patent Office enforced the Guidelines for the Examination and Processing of Virtual Goods Regarding Trademarks (July 2022)
JPO Policy Promotion Round-table Conference (4th meeting) discussed "Design Right Protection of Image Data Converted into NFTs", and stated, in the "Appropriate Form of Intellectual Property System for Promotion of Intellectual Property Utilization - Summary", that the appropriate form of protection by design rights, etc. need to be discussed (June 3 and 30, 2022).
Taiwan Intellectual Property Office issued its opinion on metaverse and designs (June 2022).
European Union Intellectual Property Office (EUIPO) issued the guidance on virtual goods and NFTs (June 2022).
Intellectual Property Strategy Headquarters issued "Intellectual Property Strategic Program 2022", and raised, as one of key measures, "Content Strategies in the Digital Age" (June 3, 2022).
Unfair Competition Prevention Subcommittee (Intellectual Property Committee of the Industrial Structure Council) made a continuing discussion on protection against counterfeit forms of goods in virtual space in "Interim Report on Future Issues of Unfair Competition Prevention Act in Digital Society" (May 2022).
LDP Headquarters for Promotion of Digital Society issued "Digital Nippon 2022 - Challenges for New Digital Capitalism" (April 26, 2022).
Japan Digital Space Economy Federation was established (April 15, 2022).
Japan Cryptoasset Business Association revised "Guidelines for NFT Business" (March 31, 2022).
Project Team regarding NFT Policies of LDP Headquarters for Promotion of Digital Society issued "NFT White Paper (Draft): Japan's NFT Strategy for the Web 3.0 Era" (March 30, 2022).
Japan Cryptoasset Business Association issued "Guidelines for NFT Business" (April 26, 2021).

IP Services Related to Virtual Space

Examples of inquiries

Information

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