Analysis of why Nintendo sued "Palu" for patent infringement rather than copyright

2025-02-07 01:48:20|Myriagame |source：minecraft skins

In September 2024, Nintendo and Pokémon jointly sued "Palu" for infringing intellectual property rights, which caused heated discussions. However, the specific reason for the lawsuit was that it infringes patents rather than copyrights. A senior Japanese lawyer recently conducted a professionalanalyze.

·First of all, in Japan, the definition of intellectual property rights covers multiple categories, including patent rights, creative rights, trademark rights, utility model solutions rights, copyrights, and business secrets.

·The copyrights of the original works are naturally generated once they are published. Compared with the patent rights, which have various registration serial numbers, etc., the copyright is actually not a legal product that exists.

·In the gaming world, Nintendo conveys that it is not only about protecting copyright, but also about warning that it can rely on patent rights to specifically protect rights.

·It is easier to convict the content that determines whether copyright infringes on copyright, including music, videos, pictures, etc., but the plot of the story is difficult to determine the infringement.

·On ​​the other hand, the center of the patent revolves around "invention", including invention of objects and invention of methods.

·As a collection of programs, games can be classified as the scope of inventions of objects.

·As the world-renowned Nintendo legal department in the game world, its understanding of litigation infringement of intellectual property rights is significantly better than that of ordinary people.

·Accounting for patent infringement will be more beneficial regardless of evidence collection, litigation time, lawyer fees, etc.

·Conclusion, Nintendo's legal department does not take action because it is not sure enough. Once it takes action, it will be difficult for the opponent to escape unscathed.

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