At the 2018 Asian Games (Indonesian: Pesta Olahraga Asia 2018 or Asian Games 2018), officially known as the 18th Asian Games and also known as Jakarta-Palembang 2018 or Indonesia 2018, six e-sports, including League of Legends, were selected as demonstration sports, and at the 19th Hangzhou Asian Games in September 2023, eight e-sports were selected as official sports and two of them as demonstration sports, demonstrating the popularity of e-sports.
A growing number of top competitions are attracting audiences comparable to traditional sports events, as e-sports, are becoming more popular. E-sports have been compared with traditional sports in previous research. However, a few recent studies acknowledged that e-sports differ significantly from traditional sports, including that most e-sports fans are also players.
In this regard, this Article delves into some issues related to IP rights arising out of e-sports in the metaverse. In this context, it explores the copyrightability and the criteria to determine copyright infringement in connection with e-sports. Also, it discusses non-fungible token (hereinafter ‘NFT’) for athletes’ portraits and outcome arising out of e-sports under unfair competition law. In addition, virtual goods for avatars and commercials in the e-sports events needs to be recognized. In this regard, the Korean Intellectual Property Office launched the new examination guidelines for virtual goods in 2022. It covers the contents of the KIPO’s new examination guidelines.
E-sports events in the metaverse is transnational by its nature. Hence, it explores private international law issues such as international jurisdiction and governing law. In concluding, it proposes how to resolve disputes related to e-sports in the metaverse.
Intersezione tra gli E-sport nel Metaverso e le leggi sulla proprietà intellettuale e diritto internazionale privato in Corea L’articolo illustra le intersezioni tra gli E-sport nel Metaverso, le leggi sulla proprietà intellettuale e il diritto internazionale privato in Corea.
I Introduction
At the 2018 Asian Games (Indonesian: Pesta Olahraga Asia 2018 or Asian Games 2018), officially known as the 18th Asian Games and also known as Jakarta-Palembang 2018 or Indonesia 2018, six e-sports, including League of Legends, were selected as demonstration sports, and at the 19th Hangzhou Asian Games in September 2023, eight e-sports were selected as official sports and two of them as demonstration sports, demonstrating the popularity of e-sports. One of the sports selected for demonstration at the Hangzhou Asian Games is AESF VR Sports, which is a sports competition in virtual reality. The International Olympic Committee (IOC) hopes that, through the E-sports Forum, e-sports can play a role in generating interest among young generation in the Olympic Games. [1] In 2021, almost 74 million people around the world enjoyed Riot Games’ League of Legends world championships. [2] A growing number of top competitions are attracting audiences comparable to traditional sports events, as e-sports, also called electronic sports, are becoming more popular. E-sports have been compared with traditional sports in previous research. However, a few recent studies acknowledged that e-sports differ significantly from traditional sports, including that most e-sports fans are also players. [3] [4] The term, ‘e-sports’, generally refers to professional gaming based on video games, also known as electronic sports. [5]
Among the major platforms making use of virtual worlds, Fortnite and Roblox are two platforms with millions of players flocking to free-to-play games and creating strong communities. [6]
As the corona pandemic has prolonged the downturn in traditional sports, the demand for watching sports events in the metaverse has increased. [7] Especially the demand for e-sports is increasing significantly because e-sports events have system that have good synergy with the metaverse environment. [8] If you use a metaverse that runs e-sports events like a real game, you can drastically reduce the cost of renting a physical space and event preparation. [9]
In this regard, the Act on Promotion of E-sports (Electronic Sports) (hereinafter ‘E-sports Act’) [10] in Korea defines the term ‘e-sports’ and imposes the obligation of the central and local governments on the preparation of the plan to promote e-sports. Hence, at the outset, this Article explains the E-sports Act. Then, the Article delves into some issues related to IP rights arising out of e-sports in the metaverse. In this context, it explores the copyrightability and the criteria to determine copyright infringement in connection with e-sports. Also, it discusses non-fungible token (hereinafter ‘NFT’) for athletes’ portraits and outcome arising out of e-sports under unfair competition law. In addition, In addition, virtual goods for avatars and commercials in the e-sports events needs [continua..]
