Video Games: Evolving IP Considerations in 2025

The global video-game industry has become a cornerstone of the digital-economy, entertainment and technology sectors. Recent research shows that the market continues to expand, new business models are firmly embedded, and the intellectual property (IP) environment must evolve accordingly.¹ This article explores how IP strategy must adapt in 2025, identifies key rights and dispute areas, and suggests practical steps for developers and rights-holders navigating this rapidly transforming space.

1. Industry Growth & Distribution Models

The 2024–2025 market for video games remains significant: e.g., one forecast puts the global games market revenue at US $182.7 billion in 2024, with a projected rise to approx. $188.9 billion in 2025.²

Other forecasts predict growth to US $257 billion by 2028.³ 

Distribution models have shifted: digital-only delivery dominates; cloud-streaming and live-service architectures (games as a service) are increasingly common.

User-generated content (UGC), downloadable content (DLC), micro-transactions, cross-platform and live-updates mean that the “sale-once” model is being replaced by ongoing service engagement.

For IP strategy this means the rights-chain is longer (developer → platform → liveservice → user) and enforcement must address global reach, digital distribution and new participation models. 

2. Key IP Rights in the Video-Game Sphere

Copyright: Games combine software code, narrative/script, music, art and audiovisual elements. Some jurisdictions classify game content as cinematic audiovisual works, others as software modules, which impacts protection and enforcement. 

Trademarks: Titles, series brands, characters, logos, esports branding, non-traditional trademarks such as sounds, motion merchandising all fall into this realm. Early registration is advisable in export markets. 

Patents: While less historically dominant in entertainment content, patenting is rising in areas such as VR/AR, network architectures, real-time streaming mechanics and innovation in user interaction.⁴ 

Design/Industrial Design Rights: Visual interfaces (UI/UX), character appearances, console hardware designs may attract design-protection regimes.

Trade Secrets: Includes engine code, matchmaking algorithms, analytics frameworks, monetisation logic and business-model innovations. 

Right of Publicity / Personality Rights: Especially relevant in sports games or when real-life athletes/celebrities are used as avatars/characters.

Emerging Areas: Virtual goods/skins, blockchain/NFT-linked assets, ai-generrated content and user-generated content, streaming and live-service rights raise novel licensing and ownership questions. 

3. Types of Disputes & Enforcement Challenges 

Contributor & Ownership Disputes: With large and often global teams, contractors, modders and influencers, clarity of contributor-agreements and rights assignment is critical.

Licensing & Revenue-Sharing Conflicts: In live-service models, virtual-goods ecosystems, DLCs and streaming, disagreements often arise on what rights were granted and how revenues are split.

Infringement & Copy-cats: Character-designs, skins, metaverse assets, user-mods, gameplay mechanics may invite claims of copying or derivative works.

Platform/Store-Related Disputes: App-store/developer-agreement terms, platform fees, streaming rights, cross-border rules and control by gatekeepers can lead to friction.

Piracy & Anti-circumvention: With digital/streaming distribution dominating, enforcement is less about physical media and more about technical protection (TPMs/DRM), cross-border take-downs and platform compliance.

Global Territoriality Concerns: Games are global at launch rights-holders must address the challenge of territorial IP rights enforcement,

UGC/Streaming & Virtual Worlds: Mods, skins, avatars, streaming of gameplay and virtual-goods marketplaces are raising liability, ownership and licensing ambiguity.

Metaverse / Virtual Assets: Ownership, interoperability and rights in virtual goods, cross-platform avatars and metaverse worlds add complexity to the IP dispute-map.

4. Anti-Piracy, Enforcement & ADR Options

The shift from physical to digital means enforcement has to focus on digitalcompliance: notice-and-takedown, platform intermediary cooperation, monitoring of virtual goods,

Technical protection strategies, continuous monitoring and global enforcement coordination are more important than ever.

For cross-border disputes, the World Intellectual Property Organization (WIPO) Arbitration & Mediation Centre remains a leading venue: it offers specialised arbitrators/mediators, confidentiality, cost-effectiveness and global flexibility.

Embedding ADR clauses early (in developer/publisher contracts) and structuring clear licensing agreements helps minimize litigation risk.

5. Strategic IP Considerations for Developers & Studios

To treat IP as a business enabler rather than a liability, developers should:

Integrate IP strategy from the concept stage and not just at launch. WIPO’s “Videogame Development: A Quest for IP” toolkit remains helpful.

Secure clear contracts and rights assignment/licensing with art, code and design contributors, including modders and community creators.

Protect their brand early: video-game titles, characters, series and related merchandising must often be registered internationally if global reach is intended.

Align IP rights with evolving business models: live-service updates, virtual goods, streaming, subscription models demand corresponding licensing frameworks.

Monitor and license user-generated content and streaming rights: including mods, skins, avatars and community extensions.

Anticipate new technologies: VR/AR/XR, metaverse, cloud gaming, blockchain/NFTs all bring fresh IP risks (asset-ownership, cross-platform rights, data-rights).

Adopt licensing and partnership frameworks for collaborations, co-developments and global roll-outs—use ADR frameworks proactively.

Deploy global enforcement strategy: monitor streams, resale markets, in-game economies, global players, and act with agility across jurisdictions.

6. Outlook & Final Thoughts

The modern video-game industry is not just about shipping a box or downloadable product. It has become an interactive, networked ecosystem of content, services, community and commerce. IP strategy must therefore move from one-time clearances toward ongoing rights governance, platform-ecosystem alignment and monetisation-oriented licensing. In this evolving landscape, IP is no longer just a protection tool it is a strategic asset. Recognising this, developers and rights-holders who stay ahead will transform how games are created, distributed and monetised worldwide.