For the purpose of this question Id like to use an example:
If a studio in Japan were to make a game akin to God of War with similiar mechanics but based on Japanese mythology.Is such studio liable to a suit?
Second Example:
If a studio located in Argentina were to make a simulation game of the legal system prevalent in the country but such a legal simulator based on the US legal system has already been made by a US studio,will the Argentinean studio be liable to a suit?
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A question about cross country trademark implications
Author
Neither of those are trademarks. Trademarks are marks (images, names) that are used to identify a product that is being traded. The title, "God of War", is a trademark.
Trademark infringement can also include misleadingly similar names, e.g. "God of Waugh"...
The creative elements of a product are covered by copyright. If you copy anything exactly, that's copyright infringement. However, the rules of a game are exempt from copyright -- you're free to steal game mechanics.
With the second example, that's just a competing product in the same category. It's as if someone's created a car already, and now you're building your own car.
However, that's where patents can come in -- the first person to invent the car can patent their new invention, say, "A method and apparatus for transporting a plurality of persons via automated mobility"... or in your case "a simulation of a legal system within a computer", etc...
Bloody well almost everything is at risk of patent trolling these days; it just depends if people have "claimed" their inventions or not.
Author
Thank you for replying.
I didnt however get what you meant regarding the second case
So in the second case suppose the company in the US has patented their product but as mentioned in the question the simulation pertains solely to the legal profession in the US.
Now if a second Argentinean based studio were to make a game based on the Argentinean legal system would they be liable to a suit on the basis that most of the processes/mechanics are nearly identical?
That entirely depends on the patent. I could have a claim on a patent for the "method of obtaining answers via internet forum posts", and my lawyers could be sending you threats right now :lol:
Holding a patent on an entire category of product -- like a car, or a legal simulation -- is very rare. Usually patents cover smaller details, such as the way that you represent legislation within your system, etc... I just brought it up as copyright and trademarks are not an issue for your example, only a theoretical mega-patent (which might not even hold up in court) could affect that situation.
Holding a patent on an entire category of product -- like a car, or a legal simulation -- is very rare. Usually patents cover smaller details, such as the way that you represent legislation within your system, etc... I just brought it up as copyright and trademarks are not an issue for your example, only a theoretical mega-patent (which might not even hold up in court) could affect that situation.
This is true. Its usually the little intricate bits that have the patents. For example: If you have a stock market simulator there would be buttons for buy and sell which is fine. However if you print the bid and offer price on the actual buttons that the user clicks then this part is patented.
In your example of a legal simulation it could be that the US company has patented a UI interaction to allow a lawyer to create an objection. If you copied the same UI interaction without licensing it then this is where you would get into trouble.
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