Author: Artha Dermawan (Doctoral Researcher)
Research
Group: Law, Technology and Design Thinking
Overture:
To break new ground
Earlier this week, Apple released a new product called Apple Vision Pro, a revolutionary spatial computer that seamlessly blends digital content with the physical world while allowing users to stay present and connected to others.[2]
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| Artha Dermawan |
What makes the Apple Vision Pro different than traditional VR? As illustrated in Figure 1 below, one key difference is the use of eye-tracking technology, which allows for more natural and intuitive interactions within virtual environments. Additionally, the Vision Pro's advanced display technology provides a higher resolution and wider field of view than many other VR headsets on the market.[5]
Figure 1. The significant distinctions between the traditional spatial computing and Apple Vision Pro.[6]
But hasn't this problem existed since VR technology was introduced a few years ago? Yes, IP infringement has been a concern since the introduction of VR technology. However, with advancements in technology and the increasing popularity of VR, the issue has become more pressing and widespread. As VR continues to evolve and become more accessible to consumers, it is crucial for rightsholders to take measures to protect their IP. Some efforts to protect rightsholders have been made, such as the use of digital watermarks and encryption to prevent unauthorized copying and distribution of VR content.[9]
However, there is still a need for more comprehensive legal frameworks and enforcement mechanisms to address the unique challenges posed by VR piracy. Without adequate protection, creators may be discouraged from investing in VR content creation, ultimately limiting the growth and potential of this exciting new medium.[10]
Instead of discussing the never-ending negative consequences of
this emerging technology, this blogpost will explore how Apple Vision Pro and spatial
computing technologies bring benefits to the IP sector. It will delve into the
ways Apple Vision Pro can improve IP management, create new revenue streams,
and enhance user experiences. But before going any further, let's discuss what
spatial computing is.
Spatial computing refers to “the digitization and modeling of the device’s environment and the objects within it, such that the device has spatial context.”[11] First defined in 2003 by MIT researcher Simon Greenwold, [12] spatial computing is a field that combines augmented reality (AR), VR, and mixed reality (MR) technologies to create immersive and interactive experiences.[13] It allows users to interact with digital content in the physical world, blurring the lines between the digital and physical realms. With spatial computing, users can manipulate and visualize complex data, design and simulate products, and even train for real-world scenarios in a safe and controlled environment.[14]
This technology has the potential
to revolutionize industries such as healthcare, education, and entertainment,
and is expected to become increasingly prevalent in the coming years.[15] For example, in healthcare, spatial
computing can be used to create virtual simulations for medical training,
allowing students to practice surgeries and procedures without the risk of
harming real patients.[16] Additionally, in entertainment,
spatial computing can be used to create immersive and interactive experiences
for theme parks and museums.[17]
Spatial computing and the metaverse are two related but distinct concepts in the world of technology.[18] Spatial computing refers to the use of computer-generated spatial awareness to enhance human interaction with the physical world.[19]
The metaverse, on the other hand, is a fully immersive digital world that is accessed through virtual reality technology.[20] It is often described as a shared, persistent space where users can interact with each other and with digital objects in a way that is similar to the physical world.[21]
The potential of Apple Vision Pro for IP protection is specifically explored and the use of Apple Vision Pro and Spatial Computing are used interchangeably.
What are the benefits of Apple Vision Pro for trademark protection? Apple Vision Pro has the potential to revolutionize the way trademark law is practiced. With the ability to create virtual representations of physical spaces, spatial computing can aid in the identification and enforcement of trademarks.[22] This technology can also assist in the analysis of potential trademark infringement by providing a visual representation of the similarities and differences between trademarks.
In the future, Apple Vision Pro could be used to track the use of trademarks in the physical world, allowing for more accurate monitoring of potential infringement. For example, a company could use Apple Vision Pro to create a virtual representation of a trade show floor and identify any unauthorized use of their trademarked products or logos. This would allow them to take quick action to prevent further infringement. Moreover, Apple Vision Pro could be utilized in the creation of AR experiences that incorporate trademarked products or logos, ensuring that they are used in compliance with trademark law.
One counterargument could be that the use of Apple Vision Pro in trademark law may not be accessible or affordable for all businesses, potentially creating an uneven playing field in terms of trademark enforcement. However, with the increasing availability and affordability of spatial computing technology, this argument may become less relevant in the future. In fact, many large corporations are already investing in spatial computing for trademark enforcement and brand protection.[23]
Furthermore, the use of Apple
Vision Pro and spatial computing in general in trademark could ultimately lead
to a more efficient and effective system for trademark identification and
enforcement, benefiting both businesses and consumers alike. As this technology
continues to develop and evolve, it will be interesting to see how it shapes
the future of trademark law and enforcement.
Patent
Apple Vision Pro and Spatial computing have the potential to revolutionize patent law by providing a more efficient and accurate way to analyze and compare patent designs.[24] With the ability to create 3D models and simulations, spatial computing can help patent lawyers and examiners better understand the intricacies of a patent and its potential applications. This can lead to more informed decisions and better outcomes for both inventors and companies seeking to protect their intellectual property.
Additionally, spatial computing can facilitate collaboration between patent professionals by allowing them to easily share and manipulate patent designs in real-time. For example, a patent lawyer could use spatial computing to analyze and compare multiple versions of a complex mechanical design, easily identifying differences and making informed decisions about which version to patent. This could save time and money by avoiding the need for expensive physical prototypes or lengthy legal battles over patent infringement.
Furthermore, collaboration between lawyers and examiners across different locations can be facilitated by using virtual reality tools, enabling them to work together as if in the same physical space. In addition, virtual reality can also enhance the overall quality of patent examination by providing examiners with a more immersive and interactive experience, allowing them to better understand the technology and identify potential issues. This can ultimately lead to more accurate and thorough patent examinations.
Copyright
What are the benefits of Apple Vision Pro for copyright? This new technology has the potential to revolutionize copyright law by enabling more accurate tracking and monitoring of digital content (also in the metaverse). With the use of Apple Vision Pro, it is possible to create a virtual representation of copyrighted material and track its usage across various platforms and devices.
Additionally, spatial computing can help in identifying instances of copyright infringement and take necessary actions to prevent them.[25] Furthermore, Apple Vision Pro could also aid in the creation of more personalized and immersive experiences for users, while still respecting copyright laws. For example, virtual reality experiences can be created that incorporate copyrighted material in a way that is authorized and monitored, providing a unique and engaging experience for users.
This can also lead to new revenue streams for content creators, as they
can license their material for use in spatial computing experiences. Thus, the
potential for spatial computing to transform copyright law is vast, and it will
be interesting to see how this technology continues to evolve in the coming
years.
Design
Spatial computing has the potential to revolutionize the field of design law by offering a more immersive and interactive way to visualize and analyze intellectual property. With the ability to create 3D models and virtual environments, spatial computing can provide a more accurate representation of designs and products, making it easier to identify and protect intellectual property rights.[26]
Additionally, spatial computing can facilitate collaboration and communication among designers, lawyers, and other stakeholders, improving the efficiency and effectiveness of the design law process. For example, a team of designers and lawyers could use spatial computing to create a virtual prototype of a product and test it for potential infringement issues before it is even manufactured. This could save time and money in the long run by avoiding legal disputes and ensuring that the final product is fully protected by design patents and trademarks.
Additionally,
spatial computing could be used in courtrooms to present evidence and arguments
in a more engaging and persuasive way, helping judges and juries better
understand complex design law cases. This technology could also be utilized by
law firms to create virtual mock trials, allowing attorneys to test their
arguments and strategies before presenting them in a real courtroom setting.
Overall, the integration of spatial computing in the legal field has the
potential to revolutionize the way legal disputes are handled and resolved.
The wind of change is here
Apple's new vision pro technology is set to revolutionize the way we interact with our devices. With its advanced eye-tracking capabilities and intuitive gesture controls, the vision pro system promises to deliver a seamless and immersive user experience that is unlike anything we've seen before. From gaming and entertainment to productivity and communication, the possibilities for this technology are endless.
The new Apple Vision Pro could help IP protection by incorporating advanced security features such as biometric authentication and encrypted storage.[27] Additionally, the device's integration with Apple's ecosystem will provide seamless access to secure cloud storage and collaboration tools for professionals.[28]
However, advanced security features do not necessarily guarantee complete protection against IP infringement, as hackers and cybercriminals are constantly finding new ways to breach security systems. Furthermore, not all professionals may prefer or have access to Apple's ecosystem, and could limit the device's usefulness in certain industries.
[1] This article is not sponsored by any parties and except where
otherwise stated, all internet sources were last accessed on 10 June 2023.
[2] ‘Introducing Apple Vision Pro,’ available at: https://www.apple.com/apple-vision-pro/.
[3] Ibid.
[4] Moreover, the headset's design incorporates ventilation channels to
prevent overheating, a common issue with VR headsets. These features make the
Vision Pro a top-of-the-line option for anyone looking to dive into the world
of virtual reality. Ibid.
[5] Jay Peters, ‘Apple made a VR headset, but it’ll never admit it’
(theverge.com, 2023). Available at: https://www.theverge.com/2023/6/7/23750301/apple-vision-pro-headset-virtual-reality-vr-headset
[6] This figure summarises the presentation delivered in ‘Introducing
Apple Vision Pro,’ ibid.
[7] Marcin Frąckiewicz, ‘The Impact of Spatial Computing on
Intellectual Property and Copyright’ (TS2 Space, 2023). Available at: https://ts2.space/en/the-impact-of-spatial-computing-on-intellectual-property-and-copyright/.
[8] Ibid.
[9] Paolo Andreottola and Ben Hitchens ‘Future impact of emerging
technologies on IP protection and enforcement - EUIPO updates its ‘Tech Watch
Discussion Paper’’ (Lexology, 2023). Available at: https://www.lexology.com/library/detail.aspx?g=e67440aa-01e1-4110-b717-206994babf9b.
[10] Ibid.
[11] Spatial computing is not a new field, as it has been around for
decades in the form of computer-aided design and virtual simulations. However,
recent advancements in technology have made it more accessible and affordable
for a wider range of industries. As spatial computing continues to evolve, it
has the potential to revolutionize the way we interact with digital information
and our physical surroundings. Jeffrey Delmerico, et al, ‘Spatial Computing and
Intuitive Interaction: Bringing Mixed Reality and Robotics Together’ (arXiv,
2022). Available at: https://arxiv.org/abs/2202.01493.
[12] Simon Greenwold, ‘Spatial computing,’ (Massachusetts Institute of
Technology, Master, 2003). Available at: https://acg.media.mit.edu/people/simong/thesis/SpatialComputing.pdf.
See, on quantum spatial computing, Martin Werner, ‘Quantum Spatial Computing’
(Bundeswehr University Munich). Available at: https://www.sigspatial.org/wp-content/uploads/special-issues/11/2/06-Paper3_Quantum_Spatial_Computing.pdf.
[13] Jeffrey Delmerico, et al, ibid.
[14] Ibid.
[15] Marcin Frąckiewicz, ‘The Role of Spatial Computing in Healthcare
and Medical Research’ (TS2 Space, 2023). Available at: https://ts2.space/en/the-role-of-spatial-computing-in-healthcare-and-medical-research/#:~:text=It%20is%20being%20used%20in,patient%27s%20body%20in%20virtual%20space.
[16] Ibid.
[17] Marcin Frąckiewicz, ‘The Role of Spatial Computing in Entertainment
and Gaming’ (TS2 Space, 2023). Available at: https://ts2.space/en/the-role-of-spatial-computing-in-entertainment-and-gaming/#:~:text=Spatial%20computing%20is%20a%20form,interactive%2C%20engaging%2C%20and%20immersive..
[18] The word ‘metaverse’ was first coined n Neal Stephenson’s 1992
science fiction novel titled “Snow Crash.” Sol Rogers, ‘The Metaverse, Spatial
Computing, And 5G’ (Forbes, 2020). Available at: https://www.forbes.com/sites/solrogers/2020/04/30/the-metaverse-spatial-computing-and-5g/?sh=43075d321b91.
[19] This can include technologies such as augmented reality, virtual
reality, and mixed reality, which allow users to interact with digital objects
in a physical space. Ibid.
[20] Ibid.
[21] The metaverse has the potential to revolutionize the way humans
work, learn, and socialize by providing a limitless and customizable
environment that transcends physical limitations. As technology continues to
advance, the metaverse is becoming increasingly sophisticated and accessible,
offering endless possibilities for exploration and creativity. Ibid.
[22] EUIPO, ‘Intellectual Property Infringement and Enforcement Tech
Watch Discussion Paper 2023’ (2023). Available at: https://euipo.europa.eu/tunnel-web/secure/webdav/guest/document_library/observatory/documents/reports/2023_IP_Tech_Watch_Discussion_Paper/2023_IP_Infringement_and_Enforcement_Tech_Watch_Discussion_Paper_FullR_en.pdf.
[23] Ibid.
[24] Ibid.
[25] Ibid.
[26] Ibid.
[27] Apple Vision Pro, ‘Privacy and Security’ (2023). Available at: https://www.apple.com/apple-vision-pro/.
[28] Ibid.
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