Legal framework for electronic games and industrial property

On May 6th, Law No. 14.852 of 2024, which establishes the Legal Framework for Electronic Games in Brazil, was promulgated. This legislation sets out fundamental guidelines for the sector, regulating everything regarding the manufacture and  commercial use of electronic games throughout the national territory, with special attention given to the protection of children and adolescents.

One of the main objectives of this new law is to encourage the business environment and recognize innovative entrepreneurship in electronic games as a catalyst for   social, economic, environmental, and cultural development. In this context, it is crucial to ensure not only the promotion of entrepreneurship and economic competitiveness but also the protection of the sector’s professionals and consumer rights.

As part of this new legislation, a significant change was made to the Industrial Property Law (LPI), with the inclusion of Article 2, Section VI, which now allows for the registration of electronic games. This alteration aims to protect rights related to industrial property, taking into consideration the social, technological, and economic interests of the country.

The definition of electronic games, as established in Law No. 14,852, considers them as interactive audiovisual works developed as computer programs, where images are altered in real-time based on the player’s actions and interactions with the interface. It also includes central devices and accessories intended for game execution, as well as software, console video games, and games in virtual reality, augmented reality, mixed reality, and extended reality.

The advancement in the development of electronic games will be driven by incentives for research, innovation, professional training, and cultural promotion. Companies in this sector will have the opportunity to take advantage not only of the benefits provided by the Industrial Property Law (IPL) but also of the incentives offered by the Audiovisual Law and the Rouanet Law, to stimulate the production or co-production of independent Brazilian made electronic games.

The Brazilian PTO will soon publish regulations for this new category of protection. Simoes IP will be attentive to this development, ready to disseminate and clarify the key points about this important change in the industrial property landscape in Brazil as soon as they are officially announced.

For more information, contact us at: international@simoes-ip.com

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Author: Ana Paula Rocha