In the previous article published under the title “IP – a necessity for game developers” we reviewed how computer and video games can be protected from copies by securing existing intellectual property. Knowing what can be protected in a game is important to understand what protection the game should have at launch, as described in the previous article.

In this article, we will instead focus on how to protect the game and what priorities exist in the early development phase, before launch and after launch of the game. This gives you as a reader an insight into how we at Bergenstråhle work with our clients in the gaming industry throughout the entire process from idea to launch.

11 keys to success for your game development project

Early in development

• Ensure internal control/ownership through agreement, of the assets that make up the game and brand.
• Ensure that the game’s name can be used in the relevant markets. The whole world, EU, USA, China? Are relevant domain names available?
• Register the name of the game as a trademark directly (depending on budget/naming process). Register relevant domain names. Register relevant social media accounts.
• Ensure that the game is not accused of copying protected elements from other games.

Before the game is released

• File a copyright registration in the US (possibly China) for the finished game.
• Consider trademarking the name and logo if not already done. Ensure that control is in place in relevant markets.
• Identify the main intangible assets of the finished game. Ensure they are controlled in relevant ways and take steps to secure control where necessary – e.g. by registering some of them as designs or trademarks and specifying how these assets may be used internally and externally by third parties. For example. Are fans allowed to make “let’s play videos”? Do they get to make money off of it?
• Consider other forms of registered protection and other countries where control is relevant.

When the game is released

• Ensure that the most valuable assets of the game and the game brand are still under continuous control.
• Monitor and track how the assets are used by third parties – fans, contract partners and publishers. Do they follow the agreements you have?
• Develop a policy and process for how general copies/clones should be handled. Assess if they have copied parts that are controlled/protected and make a plan to deal with it.