Dissecting intellectual property for gaming companies
Reuben Portanier, partner at Afilexion Alliance, outlines the key intellectual property elements the industry should not neglect
Copyright – probably the most important IP right in gaming
Trademarks – the most important IP right after copyright in the gaming industry
Patents
Trade secrets – very relevant on matters relating to technical specification and code
Key take home points
- Online gaming is inherently cross border, while copyright has a national dimension, thus it is key to see to this matter.
- IP litigation is always dealt with by national courts, subject to national laws on infringement.
- Clearance searches can be costly and sometimes inaccurate, yet highly suggested especially before new game releases.
- A right to use any IP (a “licence”) requires an agreement in writing for validity.
- Some jurisdictions require certain prior IP registration as part of the gaming licensing process.
- Domain name protection is usually achieved through trademark registrations.