Content Protecting games – IP issues possible to bring private criminal A game is likely to infringe IPRs if it prosecutions against infringers. copies or is too close to the original, Customs enforcement: Publishers for example, by: can also apply to the UK Border taking too much of the detailed Force to intercept pirated goods ‘expression’ of the narrative, being imported into the UK at the characters, graphics and UK border. appearance of the original, or Importantly, some of these measures naming or marketing the clone in can be taken regardless of whether a way that is likely to mislead or a person is deliberately committing deceive the public into thinking acts of piracy or has inadvertently that it is somehow associated or infringed. Understanding what IPRs connected with the original. are in place (by way of audit and Conversely, if a game simply plays in seeking legal advice) and applying a similar way, or has a similar subject for or registering these rights, as well matter or a similar concept or idea at as ensuring that you solely own them, a high level of abstraction, this may where possible, (see more on these not amount to infringement. points below) is key to taking action against infringers. Making sure you do not infringe Taking inspiration It’s also important for publishers to ensure that their own games don’t Games intended to be very similar inadvertently infringe pre-existing to, or heavily inspired by, another IPRs. This can occur, for example, popular game have been a feature through ignorance that certain of the game industry since the first names or content are protected by games were produced. There is a line IPRs or that certain uses of them though between taking permitted amount to infringement, or through inspiration from another game and confusion over IPR ownership (see infringing IPRs in that game. section on IPRs). If you infringe someone else’s IPRs, you can be 123