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On World Intellectual Property (IP) Day, the Associated Chambers of Commerce and Industry of India (ASSOCHAM) organized a Round Table discussion focusing on the need for stronger intellectual property laws to support the growth of India's gaming sector.
According to a press release, the event, held on April 26, brought together esteemed legal experts, industry professionals, and representatives from various ministries and government departments to address key concerns facing the gaming industry. The Indian gaming industry, currently valued at USD 3.49 billion, has experienced remarkable growth, attracting numerous startups and game developers, including over 900 micro, small, and medium enterprises (MSMEs). Despite the significant market and the rise in game developers, India lags behind countries like the United States, China, and France in terms of protecting the intellectual property rights of interactive electronic games. One of the major challenges highlighted during the discussion was the perception battle, where skill-based interactive electronic games are often confused with online gambling or betting games. This misperception has hindered efforts to protect the innovative elements of electronic games and has been a constant concern for industry stakeholders. Justice Prathiba M Singh, Judge of the Delhi High Court, graced the occasion as the Chief Guest, along with legal luminaries such as Amit Sibal (Senior Advocate), Dev Robinsion (Partner and National Practice Head--IPR, Shardul Amarchand Mangaldas & Co.), and Saikrishna Rajagopal, Managing Partner, Saikrishna & Associates. The event also saw participation from senior advocates, government officials, and representatives from the gaming industry. The discussion revolved around the urgent need to protect the unique elements and expressions of interactive games beyond the fundamental game rules. While some argued that existing intellectual property laws could provide adequate protection, others emphasised the need for specific measures tailored to the gaming industry. Participants suggested various avenues for protection, including treating online interactive games as 'computer programmes' under the Copyright Act, 1957, and utilising the Patents Act, 1970, to protect innovative game elements. They also drew parallels with international practices, such as the protection of audio-visual content under US copyright law and the recognition of originality under Danish copyright law. A consensus emerged that only skill-based games are permissible under the law, and the recently released Online Gaming Rules by the Ministry of Information Technology provide much-needed clarity on permissible games. Implementing these rules is seen as crucial for protecting users against the harms associated with illegal gaming platforms. The discussion concluded with the recognition that a concerted effort is needed from both the judiciary and the legislative branch to strike a balance between the public dissemination of gaming content and incentivizing its creation. There was a consensus that while technological advancements may warrant fresh legislation, immediate recognition and protection of gaming innovations should come from the judiciary. The event marked the beginning of a broader discourse on intellectual property in the gaming industry, indicating the industry's overwhelming need for protection and recognition of its innovations. (ANI)
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