Content Protecting games – IP issues FFoorrmm ooff pprrootteeccttiioonnExamplles of what can be protectedExampes of what can be protected Registered and The ‘look’ of a game, product or packaging and the unregistered shape or configuration of a product or its packaging, design rights graphic designs and surface decoration. Patents These protect ‘inventions’, which require some ‘real-world’ technical effect, meaning it may be difficult to protect games using patents. Often patents are used to protect the hardware or technical solutions behind the game. Well- known titles such as FIFA incorporate patented on-screen elements. Trade secrets Information which is not publicly disclosed. This could extend to an idea for a game, algorithms, customer lists, business contracts or agreement terms. 'Image rights' Although not an IPR as such, human individuals have rights to protect the use of their name, image/likeness, biographical information and endorsement. IPRs can arise and be protected in the UK at national level and under international treaties. Different IPRs arise and are protected in different ways. The same elements of a game could be protected by multiple IPRs. Ideally, key trade marks and designs should be protected by registration since this gives a greater scope of protection and provides wider enforcement options (which are often easier and cheaper, when compared to those available for unregistered rights). More information about the main types of IPRs relevant to games (including the impact of the UK leaving the EU on them) is set out at the end of this section. 121