Report

Guías AEVI: Propiedad intelectual e industrial

1 January 202515 pages4,117 words

Summary

The guide aims to equip video‑game developers and publishers with a practical framework for safeguarding the creative and technical assets that constitute a game’s intellectual and industrial property. It clarifies the dual nature of IP under Spanish law—copyright and related rights on the one hand, and industrial property (patents, trademarks, designs, trade secrets) on the other—explaining which categories protect specific game elements such as scripts, music, graphics, code, user‑interface designs, character names and logos. Key conclusions stress that copyright arises automatically upon creation, lasting 70 years after the author’s death (or 70 years from disclosure for collective works), while related rights endure 50 years. Trademark protection requires registration and lasts ten years per filing, renewable indefinitely; design protection covers the external appearance of a GUI for five‑year periods, renewable up to 25 years. Trade‑secret measures rely on confidentiality agreements and technical safeguards rather than formal registration. The guide also outlines the legal regimes governing ownership of works created by employees, freelancers or collaborators, noting that Spanish law lacks a “work‑for‑hire” concept and therefore mandates explicit written assignments of exploitation rights, typically detailed in employment or service contracts. Practical recommendations include a step‑by‑step checklist for identifying each asset, determining the appropriate protection mechanism, confirming that all contributors have assigned their rights, and implementing NDAs to preserve secrecy during development. The guide further outlines limited exceptions for using third‑party material—public‑domain works, specific statutory limits, and narrowly defined descriptive uses of trademarks—while warning that doctrines such as “fair use” are not recognized in the EU. Overall, the document provides a comprehensive, Spain‑focused roadmap for building a robust IP portfolio that enhances a game’s market value and minimizes infringement risk.

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