Month: December 2022

FROM PIXELS TO PROFITS-THE IMPORTANCE OF IPR IN GAMING

Intellectual property rights are legal protections that allow creators to control their creative and intellectual creations. Just like any industry, they have a huge role to play in the gaming industry, like protecting the code, artwork, music, and other elements of the game. The purpose of intellectual property rights here is to prevent others from copying, distributing, or creating game derivatives without permission from the rights owner. These protections are essential for game developers, as it ensures that they can earn revenue from their creations and have control over their use. Without intellectual property rights, game developers would be vulnerable to piracy and other forms of unauthorized use of their games, which could seriously harm their ability to continue creating new and innovative games.

Let’s take the example of the popular game Super Mario to understand what kind of IPs goes into a game:

  • Copyright: The code, artwork, and other creative elements of the Mario games are protected by copyright.
  • Trademark: The name “Mario” and the character’s distinctive appearance are protected by trademark.
  • Personality rights: The actor who provides the voice for Mario in the games may have rights to their performance.
  • Trade secrets: The game mechanics and technology used in the Mario games may be protected as trade secrets.

Intellectual property rights benefit players in the gaming industry by promoting a diverse and competitive market. When game developers have control over their creations and can earn fair compensation for their work, they can continue creating new and innovative games. This results in a wider variety of games for players to choose from, including a mix of big-budget and independent titles.

In addition, the protection of intellectual property rights encourages competition within the industry. Since game developers cannot simply copy the ideas of their competitors, they must constantly strive to come up with new and unique concepts for their games. This drives innovation and creativity, leading to a better overall gaming experience for players.

Furthermore, intellectual property rights help to ensure the quality of games. When developers have the legal means to prevent others from copying their work, they can put more time and effort into creating high-quality games. This means that players can trust that the games they are playing are the result of the developer’s hard work and dedication rather than cheap knock-offs or pirated copies.

Overall, intellectual property rights play a key role in promoting a diverse, competitive, and high-quality gaming market for players.

While intellectual property rights provide necessary protections for game developers, they can also have potential drawbacks. One of the main criticisms of these rights is that they can limit the sharing and remixing of creative works. Since only the owner of the rights has the legal authority to reproduce, distribute, or create derivatives of a game, others may be prohibited from using the game in these ways without permission. This can restrict the ability of developers and other creators to build upon and expand upon existing games, potentially stifling innovation and creativity.

Additionally, some argue that the strict enforcement of intellectual property rights can lead to excessive legal battles and disputes within the industry. If game developers are overly protective of their rights, they may be more likely to engage in legal action against others whom they believe have infringed on their rights. This can create a hostile and litigious environment, which can be detrimental to the overall health of the gaming industry.

Intellectual property rights are an essential part of the gaming industry. These legal protections allow game developers to have control over their creations and earn fair compensation for their work. Without this, game developers would be vulnerable to piracy and other forms of unauthorized use of their games, which could seriously harm their ability to continue creating new and innovative games.

At the same time, intellectual property rights also benefit players by promoting a diverse and competitive gaming market. By encouraging game developers to come up with unique and creative ideas, these rights help to ensure that players have access to a wide range of high-quality games to choose from.

While there may be ongoing debates about the appropriate balance of intellectual property rights in the gaming industry, their importance in protecting game developers and promoting a healthy gaming market cannot be denied. These rights are essential for supporting the sustainability and growth of the industry and should be carefully considered and respected by all stakeholders.

BY–

ANAGHA NAIR

2ND YEAR LLB

ILS, LAW COLLEGE PUNE

“Green” Trademarks: Promoting Environmentalism or Creating Confusion?

All of us must be familiar with the term trademarks but recently the term green trademark is much in vogue. Now in an era where climate change is at its peak and everything is going sustainable- seems to be a positive step but how impactful is still a question- one must be wondering what is even a green trademark or what different they offer or is it just a fancy term to lure customers and suck them in the whirlpool of consumerism?

“Green” trademarks are trademarks that are used to signal a company’s commitment to environmentally-friendly practices. These trademarks can help consumers make informed choices about the products they purchase and support businesses that are taking steps to reduce their environmental impact. The use of “green” trademarks is part of a broader trend towards environmentalism, in which individuals and companies are increasingly seeking out products and services that are sustainable and eco-friendly. By using trademarks to promote their commitment to the environment, businesses can differentiate themselves from competitors and build trust and loyalty with consumers who value sustainability.

Because of their intrinsic nature as source identifiers, trademarks may deliver the best in sustainable products by instantly indicating that the products carrying the marks, or services offered under the marks, are “green.”

There has been an increase in trademark applications combining the terms ECO, BIO, E, RE, and the like, as well as imagery of leaves or the Earth or the color green, to indicate that the goods/services offered are eco-friendly. Green trademarks include brands like BEYOND MEAT for plant-based meat products and GREEN TOYS made from recycled plastic milk jugs, Indian sneaker brand THAILI making shoes purely out of plastic waste DINEARTH for alternative source tableware and crockery products, MAMAEARTH for toxin-free natural beauty care products, and BIOTIQUE for skin and hair care developed from ayurveda with 100% botanicals.

Patagonia, for example, uses ecological materials and encourages users to reduce consumption by repairing or acquiring second-hand products. Patagonia has used trademarks such as WORN WEAR, BETTER THAN NEW, and WE’RE IN BUSINESS TO SAVE OUR HOME PLANET to express its environmental goals and influence consumer behavior.

The USPTO is “already authorized to regulate ‘green’ trademarks under Section 2(a) of the Lanham Act, which addresses false and deceptive marks” along with that The European Union Intellectual Property Office (the “EUIPO”) has as well recognized the presence of sustainable marks.

While all of this seems to look very nice and makes one hopeful for a better world one must also be aware that along with green trademarks there exists greenwashing. Greenwashing is the use of unsubstantiated claims about the environmental friendliness of products, services, or practices.

 For example, Nestle stated in 2018 that it had “ambitions” for its packaging to be 100% recyclable or reusable by 2025. Environmental groups and other critics, however, pointed out that the corporation has not disclosed precise targets, a schedule to support its ambitions, or further steps to help people recycle. Similarly, in 2019, H&M debuted its own “green” clothing line called “Conscious.” According to the company, it uses “organic” cotton and recycled polyester. However, the line is nothing more than a marketing ploy to appear more environmentally conscious.d, false, or misleading claims about the environmental friendliness of products, services, or practices. One can find many such practices out there.

Another problem is that “green” trademarks lack a clear definition of what constitutes a green product or practice. This can lead to confusion among consumers and potential abuse of the system by companies seeking to capitalize on the popularity of environmentalism without actually taking steps to reduce their environmental impact. For example, the term “green” is often used very broadly and can mean different things to different people. Some people may consider a product to be green if it is made from recycled materials, while others may consider a product to be green if it is biodegradable or produces minimal waste. Without a clear definition of what constitutes a green product, it can be difficult for consumers to know what they are buying and for businesses to know what standards they need to meet to use green trademarks.

It is ultimately up to companies and regulatory bodies to determine the best approach to the use of “green” trademarks. However, some possible recommendations for companies considering using a “green” trademark could include:

  • Clearly defining and communicating the environmental benefits associated with their products or services
  • Ensuring that their claims of environmentalism are accurate and can be substantiated
  • Working with regulatory bodies to establish clear guidelines for the use of “green” trademarks

Green trademarks are critical in bringing together the ideals of technology and environmental sustainability under a single branding canopy. As a result, they have become a key marketing tool, generating interest in products and services while also giving the eco-friendly business an advantage over competitors. Because sustainability is the key here, it enables brands to fulfill their corporate social duties as well. Simultaneously, one must be mindful of the aforementioned fraudulent techniques. In some or many ways, the world is witnessing the true adoption of green trademarks, but the aforementioned greenwashing tactics continue to exist, leaving us to wonder whether they are truly trying to make a difference.

BY-

ANAGHA NAIR

2ND YEAR LLB,

ILS LAW COLLEGE, PUNE

STAR WARS – ALWAYS AN IPR, THERE IS!

Wasn’t it fun to travel through the galaxies and experience different adventures with unimaginable creatures on different varieties of planets? 

Still, wondering what exactly we are talking about here? 

“Wonder, you must not.

Star Wars, it is”

–  as Master Yoda would have said.

We could see the use of creativity in abundance in the Star Wars film which was created by Lucasfilm. As we all know that creativity and innovation is something which is protected by intellectual property rights, let us board the Millennium Falcon and ride into hyperspace exploring the intellectual property assets which belong to the Star Wars franchise.

Trademarks 

Anything which was created under the Star Wars name was filed to be trademarked whether it was the characters, planets, vehicles, lands, etc.

Remember the cute, round, and wobbly BB-8, the short robot – R2-D2 which held countless tales in its memory bank about the heroics and tragedy from the various wars in space? These robots were referred to as droids in the film. The term droid was developed by Lucas in the original film which was released in 1977. 

“Droid” which means a humanized machine is one of the many words which is trademarked and now any company using this term would have to pay Lucasfilm. 

Along with this, the character’s names such as Yoda, Darth Vader, C3PO, Princess Leia Organa, Luke Skywalker, Obi-Wan Kenobi, and many others are registered as trademarks in various countries under various classes of trademarks. The list of trademarks does not end here it stretches further to the terms such as Wookiee, Gungan, Ewok, etc.

Not only the terms but even the phrases such as “may the force be with you” have been registered as a trademark by Lucasfilm. Even some common generic terms such as Boba Fett, Jango Fett, Bounty Hunter, etc. have also received trademark protection. 

There have been many lawsuits filed by Lucasfilm as their trademarks were infringed. For example, in the case of Lucasfilm Limited LLC and Lucas film entertainment company limited LLC v. Michael Brown, the case was filed for the infringement of the terms such as Jedi, and Lightsaber. 

Therefore, if we study the global trademark database then we get to know that thousands of Star Wars-related trademarks are owned by Lucasfilm and all the new terms which are unique and creative are protected by the Trademark intellectual property.

Patents

Filing a patent provides protection and a legal right of ownership of a novel invention that has an industrial application.

The cute adorable robots which were called Droids in the Star Wars movie world are considered inventive and innovative. 

The company Sphero filed for Patents in which the movements and mechanisms of BB-8 are given protection, and, also Disney filed patents that involved engaging in a virtual battle involving the lightsabres.

Designs

Generally, it is a simple and inexpensive procedure to get a design registered in the UK. The right of an unregistered design arises automatically when something original is created.

Searching on the global platforms we can see that Lucasfilm is the owner of many creative designs relating to the Star Wars movie which includes the toys for R2-D2 and C3PO.

Copyright

The UK copyright law protects original literary, musical works, sound recordings, and artistic works.

3,489 copyrights have been registered by Lucasfilm since 1978. 

“Darth Vader and Friends” which is a chapter in the book is also copyrighted. The images of characters of R2-D2, Yoda, etc which can be reproduced on mugs or clothes are protected by copyright law in the UK. 

Conclusion

From the above, we can see that the human mind has no boundary between creativity and thoughts. Star Wars is one such movie series that contains an abundance of creativity and out-of-the-box imagination.

Therefore, a crucial role is played by trademark copyright patents and design in protecting, securing, and crafting the journey of Star Wars movies. Intellectual property rights are very valuable to any industry and are the greatest capital asset that helps in protecting the fundamentals of every novel creativity or innovation. 

Thus, as Master Yoda would say: Protect Your Intellectual Property, You Must!

BY-

SONALI JUYAL

2ND LLB, ILS LAW COLLEGE (PUNE)