중재연구(Journal of Arbitration Studies)
2023, vol.33, no.3, pp. 147-175 (29 pages)
발행기관 : 한국중재학회(Korean Association of Arbitration Studies)
연구분야 : 사회과학 > 무역학
유계환 /Kye Hwan Ryu 1 , 곽충목 /CHOONG MOK KWAK 2
1(재)한국지식재산연구원 /Korea Institute of Intellectual Property
2예명대학원대학교 /Yemyung Graduate University
초록 Abstract
The emergence of the metaverse, a complex three-dimensional virtual environment, has led to significant changes in the intellectual property (IP) landscape. This paper examines the challenges and legal intricacies of IP within the virtual realm, focusing on the unprecedented nature of these disputes and on the inadequacies of traditional jurisdiction methods. Drawing from international frameworks, including the International Law Association’s Guidelines and WIPO"s guides, the study critically explores arbitration as an alternate approach to metaverse IP disputes, analyzing its complexities and applicability. The paper further delves into challenges arising from diverse protection laws that pertain to the global nature of the metaverse, including the nuances of various digital assets like NFTs. By assessing jurisdictional difficulties, the paper addresses the adoption of decentralized justice platforms, and examines the role of Alternative Dispute Resolution (ADR) methods, this paper presents a comprehensive view of the evolving virtual legal field. It suggests that while innovative methods are emerging, traditional arbitration will likely remain the preferred choice for complex disputes, offering a balance of speed, cost-effectiveness, and legal robustness within the virtual world.
원문링크(Link for Original Text)
1. 한국학술지인용색인(Korea Citation Index)
2. 한국중재학회(Korean Association of Arbitration Studies)
http://ocean.kisti.re.kr/IS_mvpopo001P.do?method=multMain&poid=kaarb