Intellectual property issues for video game industry

For many years, video games were one of the fastest growing areas of the entertainment industry even during the Covid-19 pandemic thanks to the development of technology and graphic design.

Currently, it is difficult for legal regulations to keep up with the rapid pace of technology change, so legal uncertainty is inevitable. So, managing the specifics of video games has become a major challenge when it comes to protecting intellectual property rights.

(Photo: Courtesy of Epic Games)

Let’s take a look at some interesting intellectual property related issues that have occurred in this entertainment industry:

Use of trademarks as part of a video game through a dispute regarding the use of a Humvee military vehicle in the Call of Duty series in 2020. The court ruled that the use of the trademarks related regarding AM General’s Humvee by developer Activision Blizzard is protected by US Freedom of Speech. At the same time, trademarks are used for artistic purposes and there is no risk of confusing consumers.
Using hidden assets in a game directly or indirectly, copying or similarly altering a secret item, image, or feature in another game through a naked corpse scene white robe near a haystack in The Witcher 2: Assassins of Kings. The legal assessment of the use of these third-party copyright-protected elements generally depends on the quantity and nature of the quantity used.
Sharing user-generated content (UGC) from video games increases the likelihood of others infringing IPRs due to the mixing of IP-protected content from other video games. together. Specifically in 2020, Sony was forced by Nintendo to remove the UGC featuring Nintendo’s famous protagonist Mario from the Dreams video game published by Sony.

See detailed article at: https://www.wipo.int/wipo_magazine/en/2021/02/article_0002.html

Synthesis: Phuong Thao

Source: WIPO Magazine.