Mariya Ortynska, IPStyle managing partner, trademark and patent attorney and attorney, was a speaker at BE SUSTAINABLE! Fashion Summit No Season 2021 Vol. 3: Digital edition, which is a part of Ukrainian Fashion Week. During the speech, Mariya told about virtual (VR) and augmented (AR) reality in fashion in terms of intellectual property.
Key takeaways from Mariya’s speech:
- 2020 and 2021 are the years of fantastic reality.
- For the user and developer, AR and VR are convenient. However, the business owner has dozens of questions, which can be divided into three groups: How do you not violate third-party rights (IP rights and beyond)? How to protect your rights? How to make a sale, a license, a partnership?
- What can be found on the Internet should not be taken as free and without permission.
- Intellectual property laws can’t keep up with new technologies.
- Everything you create and invent in AR and VR can be divided into two parts: content (copyright) and technology (patents).
- When you create something in AR and VR, you have to imagine yourself as a filmmaker and then as a lawyer in film production, and understand that every letter, every print, every object in the background can be copyrighted.
- Patents are territorial.
- If someone creates a custom design for the fashion company, the latter has to take care of transferring all rights to it.
- A customer who used to buy ordinary clothes has now become a user who buys a digital product. In addition to consumer rights, the user has other rights: the image right, the right of publicity, and the right to privacy.
- Today, a fashion company should be a bit of a tech company.
- Previously, when a customer bought something, it was a verbal agreement with the store. Now you have to develop Terms of Use, which have to be on the website and on the app.
