New Developments in IP Protection in the Game Industry: A Case Study of “Everyone WarCraft”
摘要
The Guangzhou IP Court recently delivered judgment in the “Everyone WarCraft” case. Blizzard and EaseNet had sued the producer of the game “Everyone WarCraft” for copyright infringement and unfair competition. The court ruled that “Everyone WarCraft: War of Draenor” infringed the copyright of “World of Warcraft” and constituted unfair competition. The court ordered the defendants to stop supplying, operating and disseminating their game and awarded damages of RMB 6 million. Copyright infringement and unfair competition are two major obstacles to intellectual property(IP) protection. In a game product, IP not only represents creativity and technological capability, but also implies immense commercial and market value. Due to the low threshold for market entry, high fixed costs, but the very low imitation cost in the game sector, plagiarism and game cloning is rampant. The Everyone WarCraft case exploring game decoration, the application of Article 2 of AUCL, and the determination of damages is an invaluable guide to IP protection in the game industry.
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