Video games contain various aspects that from a legal point of view can be protected in Argentina. To begin with, the development of the computer code for a video game can be protected by copyright law. Likewise, certain aspects such as the drawings or graphic elements of the video game can be protected under the same copyright law.
Additionally, it is possible to protect other aspects of a video game in Argentina, being the trademark one of the most relevant. We provide a brief description of each of them below.
Protection of a video game’s code in Argentina
Argentina’s Intellectual Property Law No. 11,723 establishes that computer programs can be protected under Copyright. As a consequence of this, the programming code of a video game could be protected under said regulation.
It is important to keep in mind that under Berne Convention, the protection of works begins with their creation, as long as they meet the originality requirement. Notwithstanding this, it is always suggested to register the work in Argentina, since it grants a presumption of authorship and a certain date regarding its creation.
The protection of the design and other elements of the video game in Argentina
In addition to the protection of the software, it is possible to protect both the design of the game and other elements that accompany it. For example, the script, the characters, their names, characteristics, settings, dialogues, etc.
Some of these components could be protected by copyright and others by industrial designs, and some could even be protected under both. It is important, prior to carrying out any launch, to analyze the possibility and compliance with the requirements to protect each of these elements.
The trademark to distinguish the video game in the market
The trademark is a distinctive sign that allows products and services to be distinguished in the market. In Argentina, trademarks must be registered to be duly protected from a legal point of view.
Prior to registering a video game trademark, it is essential to carry out a correct classification and a registration feasibility analysis, to determine if there are trademarks already applied for or registered that may result in an obstruction to its registration.
Additional aspects
Some additional key aspects are the Terms and Conditions of use of a video game, which will establish the way and limits to use it, including purchases within the video game, its use, etc. Likewise, it is essential to comply with the regulations on the protection of personal data, if applicable.
To schedule a consultation or request a quote regarding the legal protection of video games in Argentina, contact us.