Intellectual property: what is it? The founder of Getty Images, Mr. Mark Getty, is correct when he says that intellectual property is the oil of the twenty-first century.
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Intellectual property: what is it? The founder of Getty Images, Mr. Mark Getty, is correct when he says that intellectual property is the oil of the twenty-first century. A production process, a product launch schedule, a trade secret like a chemical formula, or a list of nations where certain patents are licenced are all examples of intellectual property. According to the World Intellectual Property Organization (WIPO), “creations of the mind — inventions, literary and artistic works, symbols, names, images and designs used in commerce” are the formal definition of intellectual property (IP).
IP rights, such as trade secrets, copyrights, designs, and patent registrations, underpin the esports industry by nature. These rights safeguard intangible assets, which are frequently the basis for an organization’s identity and income, such as brand names, logos, and original content.
How can we defend against potential violations of our intellectual property? The best ways to safeguard intellectual property rights (IPR Protection) are as follows:
To stand out in a crowded market, esports organisations make significant investments in developing distinctive brand identities. The name, logo, slogan, and other visual components used to represent an organisation are all included in its brand identity. The name of the organisation will be used by casters, streamers, and fans alike in the domain name, on the website, and across all social media channels. Commercially speaking, the name appears on team uniforms and jerseys, in sponsorship agreements, and it will be licenced to other parties.
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Therefore, it is crucial to register trade marks in order to protect brand components. It serves as the organization’s initial point of contact with supporters, sponsors, and even potential investors. A trade mark is a type of intellectual property that consists of a recognisable word, sign, or logo that identifies a good or service as coming from a specific source while also serving to set the owner apart from competitors.
The process of registering a trademark is not as difficult or expensive as it may first appear. However, it does grant an organisation the sole right to utilise the name, logo, and other distinguishing marks. This guarantees defence against potential infringers or copycats and, if necessary, gives the right to pursue legal action to stop trade mark infringement.
These violations can occur in a number of ways in the esports industry. Fake merchandise (merch), fake websites (including domain registration), and even fake social media accounts are examples. One organisation that has taken steps to protect its brand is the European esports group Ninjas in Pyjamas.
In three different categories of goods and services, it has secured EU protection for its logo (24, 28 and 41). Additionally, it has a word mark that is protected in the EU, Asia, and the USA. Independent streamers, casters, and community gaming arenas are given special consideration for trade mark protection. Imagine being the first venue in a city and then having the entire concept of the venue stolen by someone else.
Despite the advantages, Jason Kelly, founder of Kosnahan Law, asserts that not all companies adequately protect their brands: “There are definitely a number of well-known companies within the UK and EU markets who do not currently protect their brands effectively. This might be the result of false assumptions about the costs and advantages. Organizations have also attempted to safeguard their own intellectual property, but ultimately failed to do so for the proper classes of products and services or in the appropriate jurisdictions.
Trade secrets are essentially the confidential information that a company keeps to gain a competitive edge. Trade secrets in esports may include player scouting information, sponsorship agreements, and game strategies. Trade secret protection helps stop staff members from giving sensitive information to rivals or using it for their own gain. For esports organisations, there are numerous circumstances that could result in the disclosure of trade secrets. This covers crucial discussions about sponsorship, licencing agreements, and changes to the player roster and staff.
Contracts frequently include clauses pertaining to confidential information in situations involving employment or player transfers. In other circumstances, though, it’s less obvious. In light of this, it should be made as simple as possible. Protecting confidential information ought to come first in any commercial conversation, Kelly said. The simplest way to restrict access to sensitive information is to have good non-disclosure agreements (NDAs) in place and make sure they are signed before any business discussions.
Businesses in the esports industry are active in the peripheral market in addition to brand protection. This includes creating faster gaming mice, custom keyboards, and many other things. While trade marks are significant in the peripherals industry, design registrations can also help to protect something novel. Design registrations are reasonably priced, and in the UK, this type of protection helps deter copycats as well as exploitation through licencing agreements for exclusive rights to distribute and profit.
The Copyright, Designs and Patents Act 1988 governs copyright, patents, and designs in the UK. “Great products deserve protection,” Kelly declared. It’s more crucial than ever to think about protecting original designs as more businesses enter the esports peripherals market with really awesome products.
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