O status jurídico dos jogos eletrônicos como propriedade intelectual no ordenamento brasileiro

Abstract

The present study analyzes the legal status of electronic games as intellectual property in the Brazilian legal system, with an emphasis on the Legal Framework for Electronic Games (Law No. 14,852/2024). Thus, the research aimed to clarify the legal protection of these assets, considering the coexistence of copyright and industrial property regimes, as well as evaluating normative conflicts and gaps in these legislations. A deductive method was adopted through bibliographic research, examining legislation, doctrines, and international treaties, such as the Berne Convention and the TRIPS Agreement. The research found that games, due to their hybrid nature, incorporate elements protected by Laws No. 9,610/1998 and No. 9,609/1998, such as narratives, graphics, and source codes, while Law No. 9,279/1996, amended by the Legal Framework, protects trademarks and technical innovations. However, it was observed that the lack of terminological uniformity and clear guidelines generates ambiguities, impacting legal certainty. Piracy, exacerbated by digital distribution, also challenges protection. The study concludes that harmonizing the regimes, combined with public policies that reduce registration costs, promote intellectual property education, and combat piracy, is a potential way to strengthen the Brazilian electronic games industry, fostering innovation and establishing Brazil as a hub for development in the global market.