BRAZIL LAW AND PRACTICE Contributed by: Ricardo Barretto Ferreira da Silva, Ingrid Bandeira Santos, Sylvia Werdmüller von Elgg Roberto and Isabella da Penha Lopes, Azevedo Sette Advogados
Since the Electronic Games Framework was enacted fairly recently, there are no relevant
within the same market segment. Only trade marks registered with INPI can be utilised legally. When evaluating a game’s IP, the initial legal focus should be on determining ownership of the rights associated with the software, includ - ing usage, sales, and distribution rights. It is vital for individuals or companies to formally possess these rights. According to the Software Law, the rights to software developed during a con - tractual or statutory relationship belong to the employer or contractor. In this context, it is advisable to submit a reg - istration application before publicly disclos - ing any details about the game, particularly its name and images. This not only protects these elements but also verifies that other entities are not using similar trade marks, avoiding conflicts post-launch. Copyright in gaming encompasses narratives, characters, environments, music, graphics and even the source code itself. However, it is crucial to note that copyright protects the expression of ideas rather than the ideas themselves. There are two key implications of this: first, no game concept is eligible for copyright until it is docu - mented (like source code); and second, similar concepts in different games do not automatically infringe existing copyrights. For instance, if an adventure game is copyrighted, another game in the same genre with different elements can still be created, without violating copyright laws. 10. Social Media 10.1 Laws and Regulations for Social Media Various laws and regulations apply to social media, including the Internet Act, the LGPD,
enforcement actions to report. 9.3 Intellectual Property
A major challenge when it comes to IP in the gaming industry is the fight against piracy, so strengthening the protection of developers’ cop - yrights to combat piracy and the illegal distribu - tion of games is one of the most important goals. Under Law 5,988/1971, game copyrights can be registered with the National Library Foundation. This is not compulsory, but it helps with the rec - ognition of authorship. Trade marks, on the other hand, can be registered with INPI. The types of registration include: • copyright – protects artistic elements such as plot, characters, drawings, sound effects and dramatisation; • trade marks – protect the name of a game or characters; • patents – protect technical innovations, such as software or the design of a database; and • trade secrets – protect confidential informa - tion, such as publisher and developer con - tacts and internal development tools. Effective protection of IP in the gaming indus - try demands a thorough strategic framework that integrates multiple legal safeguards. Given the competitive nature of this sector, prioritis - ing the safeguarding of creative assets through IP is essential. Sufficient legal and contractual measures ensure that the investments made in research and development yield economic ben - efits. Trade mark protection for virtual products is crucial to prevent disputes with similar brands
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