KIELTYKA GLADKOWSKI KG LEGAL advises not only on technological transactions and cross-border agreements for foreign entities in the METAVERSE and WEB3 industry. KIELTYKA GLADKOWSKI KG LEGAL secures the legal interests of foreign investors and foreign technology companies in Poland in complex cross-border legal issues regarding Polish jurisdiction for IT entities operating in the metaverse.
The team of KIELTYKA GLADKOWSKI KG LEGAL advises on legal issues such as:
• smart contracts and the legal environment of transactions under American law with effect in Polish jurisdiction;
• legal advice for entities on the virtual reality market in the VR/ AR-MR sector;
• interdisciplinary and multijurisdictional legal issues related to the development of augmented reality (AR) and virtual reality (VR) technologies;
• legal support for American IT engineering entities operating in Poland;
• blockchain and web3 technology law;
• Intellectual property law and issues of industrial property law for devices using non-exchangeable token technologies, which are an integral part of the Metaverse space;
• legal support for entities operating in the goggles and headset technology industry;
• legal protection against potential damages claims by end users under Polish civil and tort law related to the Metaverse;
• protection of personal data in the context of the needs of the Metaverse environment.
The presence of KIELTYKA GLADKOWSKI KG LEGAL in creating one of the most modern sectors of the IT industry is a special distinction for our team.
The legal environment of modern technologies poses particular difficult tasks for KIELTYKA GLADKOWSKI KG LEGAL team in the search for the possibility of using legal constructions dedicated to the multitude of regulations of various legal disciplines.
A very high level of difficulty in effectively securing the interests of a foreign client in legal terms in Polish jurisdiction is shown in the following overview of the basic issues of the METAVERSE environment.
Metaverse is understood as metaworld. This term comes from the book “Blizzard” by Neal Stephenson. Its meaning is a virtual world that exists parallel to the real world. The modern understanding of this term is constantly evolving.
The name of this sector of the economy means the virtual and augmented and mixed reality market. It is a concept involving the coexistence of many virtual 3D worlds in which people are supposed to function, receiving many impressions from exploring these internet-created places. However, in order to enter the metaworld and function there, special sets in VR (virtual reality) or AR (augmented reality) technology are needed.
There are currently several metaverse platforms. These include: Fortnite, Roblox and Horizon Worlds.
The platforms supporting the creation of the metaworld are Epic Games, Microsoft and Apple.
It is the technologies of augmented reality (AR) and virtual reality (VR) that affect the development of the metaworld and all activities related to it.
VR technology allows users to experience sensory experiences while moving around the world of the metaverse – one can, for example, hear a familiar melody and receive stimuli when touching a virtual object. AR technology, on the other hand, takes elements from the virtual world of the metaverse and maps them to the real world.
At the moment, there are several platforms through which one can use these technologies. However, the intentions of the creators are to create a uniform platform that would connect all metaworlds. This is influenced by blockchain and web3 technologies.
Blockchain is a decentralized system that is used to store and transmit information. The block register can take the form of a distributed database or a one-way event log. In such a register, new blocks can only be added to the end of the block structure. From the practical side, blockchain is a digital ledger that acts as a register of transactions. Most often, the register concerns data in the form of financial transactions.
Web3, on the other hand, is the next generation of the Internet, which is designed to put the web in the hands of creators. Its basic value is to decentralize the ownership of platforms or Internet applications on which content is placed.
With the growing popularity of non-fungible tokens, which are an integral part of the Metaverse space, intellectual property law has become relevant to proper governance. Tech companies will soon be competing to develop more advanced AR and VR tools, including high-tech goggles and headsets. This will open up new opportunities for intellectual property rights in this sector, such as software and device patents. New brands will emerge, paving the way for new trademarks for users of the virtual world.
Civil law – torts related to the metaverse
On the basis of tort law in the Polish Civil Code, if a user of the metaverse platform has suffered damage in connection with the use of such technology, it is not his fault, and his action did not contribute to this damage, then the creators and persons responsible for the functioning of the metaverse are theoretically liable for this damage and therefore obliged to repair it.
Protection of personal data in the metaverse context
The creators and persons responsible for the functioning of the metaverse are also subject to the provisions of the GDPR. In this case, VR/AR-MR platforms process users’ personal data. First of all, it is about the image of the users and their location. Therefore, consent is needed for the processing of various data from users of such platforms to ensure that they are adequately protected in this respect so that they feel safe when using them.
Commonly discussed web3 projects in the industry:
Adidas https://lnkd.in/e6YAa3fv
Starbucks https://lnkd.in/e9FxsZ5B
Tiffany & Co https://nft.tiffany.com
Louis Vuttion https://lnkd.in/epsJWZCc
Hennessey (LVMH) https://lnkd.in/evFSq_zf
Nivea https://lnkd.in/eVZQSHqu
Trix (Nestle) https://lnkd.in/eEdtNAUG
Porsche (VW Group) https://nft.porsche.com
Rimowa https://lnkd.in/eCQNGzm3
Pepsi https://lnkd.in/e2gq4geM
Hublot (LVMH) https://lnkd.in/eAJ-DhHD
Panerai https://lnkd.in/eMxcpdgV
Tag Heuer https://lnkd.in/eAv-6ZpN
Timex https://lnkd.in/evFYmwxb
Jacob & Co. https://jacobandco.com/nft
McDonalds https://lnkd.in/eTg4c5cZ
Disney https://lnkd.in/efAHFSRs
Netflix https://lnkd.in/ebNqRUga
Gucci (Kering) https://lnkd.in/estudKCw
Philipp Plein https://lnkd.in/efn8QEKg
Dolce & Gabbana https://lnkd.in/embgKiNj
Prada https://lnkd.in/euK6iqKy
Yves Saint Laurent Beauté (L’Oréal) https://lnkd.in/e567h8eu
Ralph Lauren https://lnkd.in/etm5N2ge
Hugo Boss https://lnkd.in/eB4-gW-B
Burberry https://lnkd.in/ewshTs5x
Hermes https://lnkd.in/e97uxyWB
Givenchy (LVMH) https://nft.givenchy.com/
Marc Jacobs (LVMH) https://lnkd.in/es5Qtzk2
Lacoste https://undw3.lacoste.com/
Heineken https://lnkd.in/eyQX9x8X
Red Bull https://lnkd.in/eWM7Urkt
Jack Daniels https://lnkd.in/eFT2M758
Cartier https://nftcartier.online/
Estée Lauder https://lnkd.in/eyNpCt8b
Balmain https://lnkd.in/eb8aSvzc
L’Oréal https://lnkd.in/egFnCZfD
Ray-Ban https://lnkd.in/ebCgvJif
Hello Kitty https://lnkd.in/ey44MMjF
Hyundai Motor https://lnkd.in/e464kjFy
Skoda (VW Group) https://lnkd.in/eFVFJRQ8
Audi (VW Group) https://lnkd.in/ez_qQVVw
Lamborghini (VW Group) https://lnkd.in/eq2dTM_Z
Nissan https://lnkd.in/eRfhtfMF
Youtube https://lnkd.in/e_nz8Nz7
Mastercard https://lnkd.in/ezmBT4-Q
Time Magazine https://nft.time.com/
Budweiser (AB InBev) https://nft.budweiser.com/
Bud Light (AB InBev) https://lnkd.in/ezBmK9_g
Australian Open https://lnkd.in/e-nj_jUZ
McLaren https://nft.mclaren.com/
New York Knicks https://nyknft.com/
Charles & Keith https://lnkd.in/e7ZRH5Me
LimeWire https://limewire.com/
Instagram https://lnkd.in/ei9Crt4v
(non exhaustive)
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