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Legal Challenges In The Protection Of Game Software In India

 



Lakshmi R Nair, LL.M, CHRIST (Deemed to be University), Bengaluru

Dr. Valarmathi R, Professor, CHRIST (Deemed to be University), Bengaluru

ABSTRACT


The gaming industry has grown very rapidly, and game software has become a complex digital product that includes code, audiovisual elements, interactivity, and branding. This research paper aims to discuss the legal issues arising from the protection of the software of the games under the Indian legal system and enlighten the reader about the intellectual property rights of the game bot, mod, and online exploitation. Software related to the game is not just confined to any one category of legal protection but is protected by various intellectual property laws based upon different parameters such as source code, graphics, music, storylines, and trademark rights. This paper will study the impact of pirated bots and mods in meddling with the copyright code of the game. It will analyse the major reasons for copyright infringement in the gaming industry, which may include the nature of the digital products of the game. Additionally, the paper will shed some light upon the applicability of international treaties like the Berne Convention, the TRIPS Agreement, and the WIPO Internet treaties. Furthermore, the study will cover the applicability of the Indian legal framework governing the copyright laws of India through the Copyright Act of 1957. Moreover, the paper will explore the applicability of the Trade Marks Act of 1999. Finally, it will identify the applicability of the Information Technology Act of 2000. Additionally, the Promotion and Regulation of Online Gaming Act of 2025.


Keywords: Game Software, Intellectual Property Rights, Game Bots and Mods, Copyright Infringement, Online Gaming Regulation



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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