Alternative dispute resolution for intellectual property rights in the gaming industry and esports

Abstract

The article is devoted to the study of alternative dispute resolution (ADR) mechanisms in the field of the gaming industry and esports. The relevance of the topic is driven by the notable growth of the gaming industry and its increasing role in the global economy and social life. This development generates a new domain of legal relations that requires effective regulatory frameworks, as well as a corresponding rise in complex, often cross-border disputes for which traditional litigation proves insufficiently effective. The aim of the article is to establish the foundations for further research into the prospects of introducing an ADR system in Ukraine, based on the experience of foreign jurisdictions and specialized international institutions (WIPO, IGET, etc.). The study employs general scientific methods (dialectical and empirical) and special legal methods (comparative-legal and formal-legal).

The scientific significance of this study lies in assessing the effectiveness of alternative dispute resolution (ADR) mechanisms in resolving intellectual property disputes within the gaming industry and esports, as well as in identifying the advantages of ADR over traditional litigation. It is emphasized that this issue has not previously been the subject of comprehensive analysis in domestic legal scholarship. The practical significance of the study consists in the potential application of the formulated recommendations and conclusions by domestic and foreign entities in the IT sector and the gaming industry, as well as by organizations and institutions engaged in the protection and enforcement of intellectual property rights.

The article analyzes the specific nature of such disputes in the gaming industry (game cloning, unlawful use of content, UGC, modding, and others) and demonstrates that a significant proportion of them are resolved through amicable settlement. It elaborates on the essence and advantages of ADR—mediation, arbitration, expert determination, ODR, and BDR—highlighting, in particular, their flexibility, neutrality, speed, lower cost, confidentiality, and the ability to engage highly specialized experts. Special attention is given to the activities of the WIPO Arbitration and Mediation Center and the newly established International Gaming and Esports Tribunal (IGET), which focuses on integrity-related and commercial disputes, including those involving intellectual property. The article emphasizes the emerging trend toward the creation of specialized international institutions for resolving such disputes and explores the potential for further modernization of ADR through the use of artificial intelligence and blockchain technologies. It concludes that establishing specialized ADR bodies in Ukraine’s gaming and esports sector would be beneficial for the industry’s development, while also underscoring the need to improve national legislation, particularly with regard to ensuring the enforceability of mediation agreements concluded outside judicial or arbitral proceedings.