Protecting games – IP issues What is protected? Games comprise many elements which are protectable by intellectual property rights (IPRs). The main types of IPRs in the UK that apply are: Form of protection Examples of what can be protected Copyright, Original text, code, graphics (eg characters, buildings, performers’ rights maps), drawings, music, films, and sound recordings as and database rights well as aspects of databases, software and some data are protectable by copyright. Performances are protected by performers’ rights. Investment in databases, including consumer and sales data, may be protectable via the database right. Registered trade Company/trading and brand names, product/service marks and rights in names, slogans, domain names and social media handles, ‘passing off’ game/character names, symbols, logos and potentially also 3D images/logos, colours, shapes, smells, motions, and sounds can be protected as registered trade marks. When unregistered, the goodwill and reputation in these elements, as well as the ‘look and feel’ of a game, website, product or packaging can be protected (ie the shape, size, colour, texture or fonts). 120