게임의 유형별 그리고 구성요소별 법률관계의 검토 - 특허법 및 저작권법을 중심으로 -

A Legal Analysis of The Type and Factor of The Game - Focusing on Patent Law and Copyright Law -

This paper is dealing to all the games from analog to digital game as the subject matter of intellectual property law, then dividing games into Sports and Board games, and Digital game which is a new term for ‘Game Industry Promotion Act’, and examining the three kinds of games by both patent law and copyright law. Studies show that rules of play of the general sports and the old board game are not subject matter of copyright and patent because they are idea and have nothing to do with the laws of nature. Meanwhile, the tools used in the sports or the old board game can meet the requirements for copyright, they will be recognized as copyrighted works, but they will be difficult to obtain patents for a loss of novelty. However, recently, newly invented a board game case, if the rules and tools of the board game can meet patent and copyright requirements, they can be protected. The paper suggests that in the case of sports such as the synchronized swimming, rhythmic gymnastics or figure skating, the performance should be copyrighted works because of its high entertainment and artistic feature, and in the case of board game of Baduk(go), espicially the record of baduk also should be copyrighted works because of having creativity and doing expression of player’s mind. In the case of digital games, basically the official website should be reviewed whether or not it can meet the criteria for the determination of compilation work,. At this time, common in the case of the same business there is layout or pattern, the website having similar design can not be copyrighted works. When Scenario, music, background pictures and clips of the game can meet the requirements we have established for copyrighted works, individual can be protected as copyrighted works. Especially the characters in the digital games can be described as an expression with the creativity, it will be recognized copyrighted works separately. Although some rules and tools for existing sports and board game are common, if somebody are adding additional rules through computer program, the made computer program can be included the subject matter of patent, So this paper suggests finally that review of inventive step under the Patent Office should be more strictly.