INTELLECTUAL PROPERTY PROTECTION IN THE FIELD OF VIRTUAL AND AUGMENTED REALITY TECHNOLOGIES (VR, AR)
Authors:   Kutafin Moscow State Law University (MSAL), Ruzakova O. A. ,   Financial University under the Government of the Russian Federation, Grin E. S. ,   Kutafin Moscow State University (MSAL)
Published: December 2020

Introduction: the article is focused on the analysis of relations in the field of digital technologies, specifically virtual and augmented reality (VR, AR). The progress in these technologies, especially in the context of limited real contacts during the pandemic, their wide application in different spheres make it necessary to create the relevant legal framework. One of the most important issues is the correlation between the legal mechanisms for VR/AR technologies and the rules on protection of intellectual rights to the results of intellectual activity and intellectual property designations. The article discusses the specific features of the legal regime of VR/AR technologies; studies the peculiarities of smart contracts as applied to virtual property transactions; defines the types of intellectual property objects used within the technologies in question and specific features of their protection; attempts to develop mechanisms for the protection of intellectual activity results and intellectual property designations in the considered sphere. Purpose: to identify the peculiarities of Russian and foreign legal regulation and law enforcement practice with regard to the relations arising in the field of VR/AR in connection with the use of intellectual property objects, as well as with regard to the results created through using these technologies and protected by intellectual property rules. Methods: dialectical, formal-logical, functional and other general scientific research methods, as well as special legal methods: comparative legal and formal-legal. Results: the existing bases of protection of intellectual property objects used in formation of VR/AR as well as created in connection with its functioning have been studied. On the basis of foreign experience, comparative, formal and legal analysis, there have been identified: the possibilities of introducing separate elements of legal protection provided for such objects in VR/AR; the features of smart contracts in relation to transactions with virtual property; the problems arising in connection with protection of rights of authors and other rights holders. Conclusions: having analyzed the history of VR/AR technologies and the approaches to the protection of intellectual rights developed in foreign practice, we came to a conclusion that today there are all the necessary prerequisites for the determination of certain features of legal protection for the intellectual activity results and the intellectual property designations in virtual and augmented reality (with regard to both objects applied in the formation of the technologies and received as a product of using the technologies), which particularly concerns the determination of a specific way of use of patent law objects. For instance, in accordance with subitem 1 of Item 2 of Article 1358 of the Civil Code of the Russian Federation, importation into the territory of the Russian Federation, manufacture, application, offer to sell, sale, other introduction into civil circulation or storage for these purposes of a product in which an invention or a utility model is used or of a product in which an industrial design is used are considered to be infringement of the exclusive right to the invention, utility model or industrial design. Here arises a question to what extent the use of protected objects in VR/AR falls under the category ‘product’. To solve the problem of accounting virtual objects as products, it is necessary to apply an expansive interpretation of the mentioned categories, which can be implemented in the relevant Administrative Regulations or defined as a new method of use in Article 1358 of the Civil Code.