Indian Gaming IndustryValued at $3.49 billion, the game has seen remarkable growth, with start-ups and over 900 MSMEs participating. In the Indian context, the games have evolved from a simple game of dice, most remembered in the tale of the Mahabharata, to more subtle skill and transparency-based features. For example, some operators have adopted patented processes to ensure trust and transparency.
Despite India’s growing gaming market and a surge in developers, a major challenge lies in the battle of perception, where skill-based real money games are often misinterpreted as gambling, thereby hampering their safety. Legal distinction depends on the effect of skill on outcomes, which has been confirmed by the Supreme Court in cases such as State of Andhra Pradesh v. K. Satyanarayana and others, State of Bombay v. RMD Chamarbagwala and KR Lakshmanan v. State of Tamil Nadu. Such games are exempted Gambling Laws (Public Gambling Act) and are recognised as legitimate commercial activities under Article 19(1)(g) of the Indian Constitution.
Indian jurisprudence is quite well established with respect to games of skill versus games of luck, whether they are played online or offline. However, this article is restricted to the intellectual property aspects relating to these games.
The current Indian scenario lacks direct intellectual property protection in respect of electronic/video games, which are complex creations of various artistic and technical elements such as character designs, backgrounds, soundtracks, narratives, game codes, etc. which not only take years to develop and plan but also require huge resources and capital for development and distribution. It is worth noting that the electronic/video game industry faces challenges not only in the area of creating original narratives/content but in the absence of codified/specific legislation covering the intricacies of the elements of games, it faces a myriad of challenges such as game cloning and digital piracy, which lead to unauthorised distribution and replication/reverse engineering of popular games and infringement of their intellectual property. Skill-based games These books focus on unique elements that motivate its users to use their mental skills, superior education, and expertise, and these features require the sweat and hard work of the author and creator.
Lack of specific regulations for the gaming industry in India Video game Not classified under intellectual property law. While trademark law may protect game names, unique identities of characters, emblems, etc., it still leaves a wide range of intellectual property elements unprotected. The software industry has tackled this challenge of infringement by replacing serial numbers and keys with login credentials, thereby making gaming software a service, although with limited success, especially in the context of electronic/video games where jail-breaking, side-loading, pirated versions are easily introduced, which from the authors’ point of view are currently protected in a very limited and restricted manner in the copyright regime.
Indian courts have underlined the need for a broader jurisdiction. Copyright Protection All elements of a game, including musical works, characters and story within the game, and sound, require proper licensing agreements. Yet, there are only a few cases such as NS Bedi vs NHAI, where the audio-visual element consisting of a unique user interface in a traffic simulation game was granted copyright protection by the court, or the widely cited case of Sony Computer Entertainment Europe Ltd vs Harmeet Singh, where the Delhi High Court issued an interim injunction against the defendants for copyright infringement for modifying the PlayStation system to enable pirated games and selling pirated games without a license.
In Mattel Inc. and others vs Jayant Agarwal, the Delhi High Court set a high bar for copyright infringement, requiring originality beyond a mere arrangement or colour change of tiles. Citing Eastern Book Company and others vs DB Modak and others, the Court emphasised the need for judgement and ability in creative works. It discussed the concept of merger, highlighting that protecting one expression of an idea when there are limited possibilities may impede freedom of expression.
In conclusion, the continued evolution of copyright and intellectual property laws is vital to sustaining the growth and innovation of electronic and video games. This can best be achieved through specialized legislation that integrates patents, copyrights and trademarks into a tailored approach. This will meet current needs, ensure innovation, originality and advancement, as well as encourage investment.
Authors: Dr. Abhimanyu Chopra (Partner) and Mr. Kushagra Jain (Associate), A.Z.B. & Partners.
Despite India’s growing gaming market and a surge in developers, a major challenge lies in the battle of perception, where skill-based real money games are often misinterpreted as gambling, thereby hampering their safety. Legal distinction depends on the effect of skill on outcomes, which has been confirmed by the Supreme Court in cases such as State of Andhra Pradesh v. K. Satyanarayana and others, State of Bombay v. RMD Chamarbagwala and KR Lakshmanan v. State of Tamil Nadu. Such games are exempted Gambling Laws (Public Gambling Act) and are recognised as legitimate commercial activities under Article 19(1)(g) of the Indian Constitution.
Indian jurisprudence is quite well established with respect to games of skill versus games of luck, whether they are played online or offline. However, this article is restricted to the intellectual property aspects relating to these games.
The current Indian scenario lacks direct intellectual property protection in respect of electronic/video games, which are complex creations of various artistic and technical elements such as character designs, backgrounds, soundtracks, narratives, game codes, etc. which not only take years to develop and plan but also require huge resources and capital for development and distribution. It is worth noting that the electronic/video game industry faces challenges not only in the area of creating original narratives/content but in the absence of codified/specific legislation covering the intricacies of the elements of games, it faces a myriad of challenges such as game cloning and digital piracy, which lead to unauthorised distribution and replication/reverse engineering of popular games and infringement of their intellectual property. Skill-based games These books focus on unique elements that motivate its users to use their mental skills, superior education, and expertise, and these features require the sweat and hard work of the author and creator.
Lack of specific regulations for the gaming industry in India Video game Not classified under intellectual property law. While trademark law may protect game names, unique identities of characters, emblems, etc., it still leaves a wide range of intellectual property elements unprotected. The software industry has tackled this challenge of infringement by replacing serial numbers and keys with login credentials, thereby making gaming software a service, although with limited success, especially in the context of electronic/video games where jail-breaking, side-loading, pirated versions are easily introduced, which from the authors’ point of view are currently protected in a very limited and restricted manner in the copyright regime.
Indian courts have underlined the need for a broader jurisdiction. Copyright Protection All elements of a game, including musical works, characters and story within the game, and sound, require proper licensing agreements. Yet, there are only a few cases such as NS Bedi vs NHAI, where the audio-visual element consisting of a unique user interface in a traffic simulation game was granted copyright protection by the court, or the widely cited case of Sony Computer Entertainment Europe Ltd vs Harmeet Singh, where the Delhi High Court issued an interim injunction against the defendants for copyright infringement for modifying the PlayStation system to enable pirated games and selling pirated games without a license.
In Mattel Inc. and others vs Jayant Agarwal, the Delhi High Court set a high bar for copyright infringement, requiring originality beyond a mere arrangement or colour change of tiles. Citing Eastern Book Company and others vs DB Modak and others, the Court emphasised the need for judgement and ability in creative works. It discussed the concept of merger, highlighting that protecting one expression of an idea when there are limited possibilities may impede freedom of expression.
In conclusion, the continued evolution of copyright and intellectual property laws is vital to sustaining the growth and innovation of electronic and video games. This can best be achieved through specialized legislation that integrates patents, copyrights and trademarks into a tailored approach. This will meet current needs, ensure innovation, originality and advancement, as well as encourage investment.
Authors: Dr. Abhimanyu Chopra (Partner) and Mr. Kushagra Jain (Associate), A.Z.B. & Partners.
