Protection of video game mechanics through the patentability of software

Video games have grown to become one of the most important industries in the world. They combine a wide range of creative, industrial and technological elements, so we can define video games as complex works that can embody multiple intellectual creations. Nevertheless, many professional have assume...

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Bibliographic Details
Main Author: Herrera González, Héctor Camilo
Format: Article
Language:English
Published: 2019
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Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=7014479
Source:Revista la propiedad inmaterial, ISSN 1657-1959, Nº. 27 (Enero-Junio), 2019, pags. 69-93
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Summary: Video games have grown to become one of the most important industries in the world. They combine a wide range of creative, industrial and technological elements, so we can define video games as complex works that can embody multiple intellectual creations. Nevertheless, many professional have assumed that the copyright system is the only one that applies in the case of the legal protection of the systems through which the players interact with a game, referred to as “video game mechanics”. This position leaves aside other options that could offer their own benefits and even circumvent existing legal loopholes. This paper explores the possibility of the use of the patent law system, with its own limitations, in order to protect those video game mechanics.