Indian Journal for Research in Law and Management

Advancing Law and Management

ISSN No. : 2583-9896

Algorithmic and Territorial Friction: Rethinking Intellectual Property Rights, Judicial Norms, and Hybrid Enforcement Solutions in Virtual Ecosystems

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SUBHRANSHU ACHARYA & MEHANA CHAKRABORTY (2026). Algorithmic and Territorial Friction: Rethinking Intellectual Property Rights, Judicial Norms, and Hybrid Enforcement Solutions in Virtual Ecosystems. The Indian Journal for Research in Law and Management, Volume III(Issue 9). Retrieved from https://ijrlm.com/journal/algorithmic-and-territorial-friction-rethinking-intellectual-property-rights-judicial-norms-and-hybrid-enforcement-solutions-in-virtual-ecosystems/

Abstract

As the world is witnessing the emergence of Metaverse, which is an immersive decentralised digital environment, there has been a sudden rise in unprecedented cross border economic and social activities which has facilitated transactions through the medium of virtual goods, NFTs, digital avatars and user generated content. This shift deviates from the conventional definition of Intellectual property and hence presents a notable threat in the territorial and national legal systems that is built on the roots of these grundnorm leading to substantial jurisdictional and enforcement gaps. This paper adopts a systemic literature review method by blending academic research, legal precedents, and policy documents to put forward how the core concepts of metaverse like user anonymity, decentralized blockchain structures, instantaneous duplication of digital assets, and borderless virtual economies unsettle the framework of traditional frameworks of intellectual property. With the help of comparative analysis of landmark case like Hermès International v. Rothschild, Nike v. Stock X, and Juventus F.C. v. Blockeras, the study puts forward the different challenges that the modern-day courts are facing in tackling with emerging virtual disputes while implementing the copyright and trademark doctrines. The paper further delves into the efficiency of international agreements like TRIPS and the Berne Convention in underlining the dispersion in global regulatory services. Alongside problem identification, this paper also proposes a hybrid framework that would bring together blockchain verification, cryptographic rights management, AI-based monitoring, legal harmonization with the help of model treaties and statutory reforms accompanying decentralised arbitration mechanisms. The study concludes that effective, equitable, and sustainable IP enforcement in the metaverse requires coordinated international cooperation, collaborative multi-stakeholder governance models balancing robust IP protection with innovation incentives, user empowerment, and inclusive access. This research provides not only gives theoretical contributions to IP jurisprudence but also actionable recommendations for policymakers, platform operators, and creators.

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