Intellectual property protection in game development: current challenges in 2026

The gaming industry remains one of the most innovative yet legally vulnerable sectors. In 2026, intellectual property (IP) protection in game development is becoming increasingly critical due to the rapid advancement of artificial intelligence, the growth of esports, and the lack of unified legislation across many jurisdictions, including Ukraine.

Why IP in Gamedev Is Becoming Even More Relevant

A game is a complex intellectual property object that combines code, graphics, music, storyline, trademark, and the game engine. Each of these elements requires separate protection, and infringement of rights to any of them can lead to financial losses and reputational risks for a studio.

According to Arizton’s research, the global intellectual property market was valued at approximately $160 billion in 2025 and is projected to reach $230.5 billion by 2031, growing at a compound annual growth rate of 6.27%. This growth reflects the increasingly important role of IP in monetizing digital assets and protecting innovation.

Artificial Intelligence as a New Challenge for IP in Gamedev
One of the main challenges of 2025–2026 has been the widespread adoption of generative AI in game development. As Sergiy Barbashyn, managing partner at Barbashyn Law Firm, notes, legal issues in gamedev are often complex in nature: the focus includes intellectual property, corporate structure, data protection, and marketplace interactions, with artificial intelligence having become a separate, actively regulated area.

It’s important to understand a basic principle here: a game as an intellectual property object generally belongs to the developer or publisher company, depending on contract terms, while a player uses a license granted through the EULA rather than creating their own IP content. The use of AI in development pipelines complicates this distinction, as questions arise about authorship of AI-generated content and liability for potential plagiarism.

Legal Discussions at Industry Events

The topic remains at the center of professional attention. At the XVI Intellectual Property Law School held in Kyiv in March 2026, lawyers discussed key industry trends. It was noted that the field of intellectual property is transforming faster than legislation can keep up, with the emergence of generative AI, the rapid development of military tech, and new approaches to brand protection presenting lawyers with challenges that cannot be solved through textbook methods alone.

The event also addressed the legal regime of know-how and trade secrets — tools increasingly used by gamedev studios to protect internal developments when patenting or copyright registration is ineffective or too slow.

EU-Level Regulatory Issues

A telling example of the complexity of IP regulation in gaming was the situation surrounding the Stop Killing Games initiative, which demanded that publishers be required to maintain access to games after server shutdowns. The European Commission responded that it cannot legislate this requirement, since existing intellectual property rights grant rightsholders exclusive rights to their creations under EU copyright law, and beyond copyright, other IP rights may also be relevant, as they can protect various visual and technological aspects of a video game. Nevertheless, the Commission agreed to hold consultations with the industry and consumers by the end of 2026.

Key Objects of Protection in the Gaming Industry

Practice shows that the structure of IP protection in gamedev includes several levels:

Trademark and brand. The game’s name, logo, and visual identity require registration in all key distribution jurisdictions, since marketplace promotion directly depends on brand recognition.

Game engine licensing. Using a third-party engine or licensing out one’s own is a separate commercial area that requires clear contractual arrangements.

End User License Agreements (EULA). A document that restricts player actions that could infringe on the developer’s copyright.

NDAs and internal policies. Despite ongoing debates about the industry’s excessive secrecy, non-disclosure agreements remain a fundamental tool for protecting franchises, proprietary technologies, and development pipelines prior to a project’s release.

Practical Recommendations for Studios in 2026

• Conduct an IP portfolio audit. Verify that trademarks are registered in all target jurisdictions and that rights to the engine, code, and art assets are properly documented.
• Formalize AI usage. Define in internal policies which generative AI tools are permitted in the pipeline and how authorship of the resulting output is recorded.
• Update EULAs and NDAs. Account for new risks related to deepfakes, streaming, and user-generated content (UGC).
  Choose a registration jurisdiction based on the level of IP protection. This is especially important for startups, since rights to code and brand directly determine a company’s valuation for investors.
• Monitor regulatory initiatives in the EU and US, including consultations on post-server-shutdown game access and the USTR’s annual Special 301 report on the state of global IP protection.

Conclusion

In 2026, intellectual property protection in gamedev extends beyond classical copyright to include AI regulation, esports branding, UGC content, and long-term game support after server shutdowns. Studios that take a systematic approach to protecting their IP assets — from trademarks to internal know-how — gain not only legal security but also a significant competitive advantage in attracting investment and entering new markets.