Whose game is it anyway? Palworld and the new frontier of intellectual property in eSports

This paper explores key concepts of intellectual property in shaping the legal framework and challenges of the burgeoning eSports industry. The author argues that intellectual property extends beyond mere asset protection, acting as a strategic factor that drives competitiveness, innovation, and collaboration within this dynamic ecosystem. Furthermore, through a theoretical framework, the analysis of the potential legal issues surrounding the Palworld case as an illustration of tensions between creativity and rights, the examination of contracts and copyright licenses, and a proposal of guidelines against infringements, the paper highlights the need for a comprehensive approach to intellectual property in eSports. The findings underscore the importance of protecting copyrights, managing contracts and licenses, and safeguarding trademarks and Trade Dress to ensure the sustainable development and integrity of the industry.