Metaverse, 3D virtual digital platforms, if accessible by users located in Australia, will be subject to Australian laws, even if the owners or operators of the platforms are not registered businesses or companies in Australia and do not have a physical presence in Australia. While Australia does not currently have specific laws that regulate the use of AI on the metaverse, Australia’s existing legal framework is used to regulate AI technologies across all industries.
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Australia’s competition law is complex. Metaverse platforms that are registered as a business, company or foreign entity in Australia or are carrying on business within Australia will have to comply with the Competition and Consumer Act 2010 (Cth). Competition law risk assessments should be undertaken before doing business in Australia to ensure compliance with the law and minimise the risk of significant penalties.
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To identify the relevant intellectual property laws applicable for the protection of a metaverse platform in Australia you need to first ascertain all elements that comprise the metaverse platform, all content generated within the metaverse, and how these are created or generated and by whom. This article offers insight and preliminary guidance on this complex and evolving area of the law.
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