Online gaming platforms and intellectual property
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Online gaming is a video game played via the internet. It is one of the most rapidly expanding sectors. Game creators and marketers lack methods for safeguarding their commercial interests in the game. A well-defined intellectual property protection plan may help game developers and promoters secure their economic interests.
There is a boost in the gaming industry due to increasing smartphone adoption, growing internet penetration and young population. Coronavirus epidemic also served as a catalyst for the growth of India's online gaming business.
According to Forbes, India's gaming business is one of the top five for mobile gaming with a market value of over $890 million. The industry's magnitude alone demonstrates the evident need for legal protection. IPR has been increasingly active in the sector. It helps game developers and promoters secure their economic interests.
Trademark law protects a variety of characteristics of a gaming firm. Boston Professional Hockey Association won a case in which the court granted them trademark protection. Copyright is a complex and necessary safeguard for games. It protects the creator's exclusive legal rights to original work. The emphasis on copyright is significant since the gaming business is undergoing changes in terms of playable platforms and improved user experience. A gaming handbook may contain the rules of the game. Anyone who copies the manual without the owner's permission may be infringing on the copyright. Artistic works, cinematographic films, musical works and literary works are protected by copyright, but rules are not.
Online gaming platforms and intellectual property are examples of game names. A game's logo is Manabu Sakamoto's PlayStation logo for Sony. The game content is contained and sold/marketed in a unique box.
The Ninth Circuit of the United States ruled that disassembling copyrighted object code constitutes a fair use of content. Accolade created a development manual for its gaming console that incorporated the information it had discovered. The information was found in the game code or chip sequence of Sega Genesis discs.
Online games include source and object codes, user manual, characters from a video game, background music and other multimedia stuff.
A patent can be used to protect an innovative and non-obvious product or technique. A utility patent covers scientific and technology-related parts of a game.
Online gaming platforms and intellectual property are examples of such articles/products. Joysticks used in video games are example of hardware digital goods.
Design patent covers the decorative design of a functional item whereas a utility patent protects the functional qualities of the product. Some of characteristics of games that can be protected under design patent law are appearance, appearance of game-related items, and icons. In the case of Fantasy Sports Properties, Inc. vs. ESPN/Starware Partners, the court ruled that hosts cannot allow users to enter scores in a form that has already been trademarked by another e-sport or gaming organization.
A playing board's appearance is determined by the appearance of game-related items.
It is impossible to overestimate the importance of obtaining exclusive rights through registrations of applicable intellectual property rights. The act of registering all intellectualproperty rights should be considered a top priority when starting a new project.
