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WIPO Podcast: WIPO ADR for Video Games and eSports Disputes
In the latest episode of WIPOD Arbitration and Mediation Matters, experts delve into the evolving world of video games and esports, highlighting the surge in disputes accompanying the industry’s growth. The podcast, featuring Selin Ozturk, Alexia Gkoritsa, and Leonid Shmatenko, offers invaluable insights for esports legal counsel and players alike.
The Evolution of Esports
Leonid Shmatenko, from Eversheds Sutherland and Esports Legal News, distinguishes between competitive gaming and esports, emphasizing the simultaneous, competitive nature of esports. He notes the industry’s rapid professionalization, especially during COVID times, leading to various disputes ranging from intellectual property issues to doping and labor disputes.
Key Legal Disputes in Esports
Alexia Gkoritsa, a legal case manager at WIPO, points out that most disputes revolve around intellectual property, including copyright infringement, IP licensing disagreements, trademarks, patents, and royalty disputes. The cross-border nature of these issues demands tailored solutions, where Alternative Dispute Resolution (ADR) plays a crucial role.
The Unique Challenges of Esports Disputes
Leonid Shmatenko highlights the age factor in esports, with many athletes being minors, necessitating parental consent for dispute resolution. This aspect, along with the lack of consistency in arbitration clauses across esports tournaments, presents unique challenges in the industry.
Alternative Dispute Resolution in Esports
Mediation and Arbitration as Effective Tools
The podcast discusses how mediation and arbitration offer efficient alternatives to court litigation in esports. Mediation, in particular, is seen as a constructive approach, emphasizing finding common ground and maintaining relationships. Arbitration, on the other hand, provides a structured process with impartial arbitrators knowledgeable about the esports landscape.
WIPO’s Role in Esports Disputes
Alexia Gkoritsa explains WIPO’s Dispute Resolution Board (DRB) procedure, which acts like a team of industry experts ready to mediate and provide recommendations. If mediation fails, arbitration is the next step. This approach ensures a smooth and efficient process tailored to the needs of the parties involved.
Collaboration with Stakeholders
WIPO actively engages with stakeholders, including players, associations, and experts, to develop tailored ADR solutions. Initiatives like “Orientation Sessions” and projects like “Video Game Development: The Quest for IP” are part of WIPO’s efforts to proactively prevent disputes and raise awareness.
Conclusion: The Advantages of ADR in Esports
The podcast concludes with a summary of the key advantages of ADR in esports. It offers specialized professionals, confidentiality, speed, and accessibility, ensuring the sector’s growth remains unhindered. ADR is increasingly becoming the preferred choice for resolving disputes in the dynamic and rapidly evolving world of video games and esports.
Listen to the Podcast here: https://www.wipo.int/podcasts/en/amc/index.html?viewAsMember=true
