关键词: 元宇宙, 数据财产权, 虚拟物, 所有权, 智能合约

Abstract:

The metaverse allows a dual social pattern where real society and virtual society coexist. The metaverse also generatesmany virtual objects in the virtual society. These objects can be used, thereby showing their characteristics of virtuality, intelligence, and decentralization. Different from the property right system in the real society, the system that creates the Non Fungile Token (NFT) relies on scarce but still tradable virtual goods which include property rights. The ownership of virtual things is different from the existing concept of property rights. Compared with the existing virtual property, virtual objects are based on the decentralized technical architecture of a blockchain, which realizes the direct and absolute dominance of users over virtual objects. Compared with works covered by traditional intellectual property rights, the concept of virtual object ownership protects specific virtual objects in the metaverse. Therefore, it is necessary to independently design the ownership rights of virtual property, including coin casting right, key control right, use right, transfer right, permanent income right, destruction right, and other rights. The ownership of virtual objects extends the ownership system in the real world into the virtual world but also departs from it. At the same time, the metaverse’s innovations have been a breakthrough in the traditional ownership system. The key mechanism of the blockchain allows users to authenticate, and trade in, virtual objects. At the same time, the decentralized credit construction of the system provides relief from the infringement of virtual objects in the metaverse. Different from the presumption of possession in the real world, virtual object rights are determinedthrough possession as determined by the virtual object and the form of relief for violations is built accordingly. At the same time, in the process of institutional construction, we also need to deal with the relationship between the ownership of virtual things and their intellectual property rights in the metaverse. We should also explore the interaction between them. At present, the institutional construction of the property rights of virtual things in the metaverse is still in its infancy. With the development of the metaverse industry, the research will be further deepened.

Key words: metaverse, data property rights, virtual objects, ownership, smart contract