Protection of ‘games’ and their component elements

According to the China Games Industry Report, 2015, the China games market had revenues of RMB140.7 billion (US$21.7 billion) in 2015, an increase of 22.9% over the previous year. With this flourishing games market, disputes involving intellectual property have progressively increased.

For the purposes of this column, the term “games” includes client side games, web games, social network games, mobile games, single player games, console games, etc. that are composed of a software program and information data. A game is essentially computer software, as well as an integral whole composed of images, text, music and animation that involves scenery design, character design, tool design, equipment design, dialogue, introductory text, music, etc. Additionally, the title of a game, the names of its characters, its story, plot, character design, and even its rules, are all organic components of the game. Accordingly, the holder of the rights in a game must comprehensively use various relevant regulations to protect the game as a whole and its component elements by type.

Lu Lei is a partner and Han Yufeng is the IP counsel at Run Ming Law Office