Protection of Intellectual Property Rights of Video Games in Ecuadorian Law

Abstract

Video games have evolved as a creative industry that combines programming, design, and technology within a legal framework to protect elements such as music, code, and characters.Therefore, video games are considered protected works under intellectual property, as they combine literary, artistic, and technological elements, mainly encompassing copyrights such as source code, storyline, music, animations, and any original creation included in the game; industrial property which may include patents on innovative technologies used in the game, trademarks identifying the title or characters, and industrial designs applied to interfaces and visual elements.These rights allow the creator or owner to control the reproduction, distribution, commercialization, and exploitation of the video game, ensuring that third parties do not use or reproduce the work without authorization.In Ecuador, the COESCCI regulates intellectual protection by registering works and ensuring benefits to creators. Video games have evolved in complexity, integrating diverse disciplines and generating significant economic impact. The protection of video games in terms of intellectual property varies by country, based on regulations such as the Berne Convention and Decision 351.In Ecuador, the Organic Code of the Social Knowledge Economy recognizes them as software, generating regulatory challenges, since video games integrate multiple elements such as art, music, programming, industrial designs, patents, etc. While some countries register them as a single integralwork, others require protection for each component separately, complicating commercialization and the development of the industry at an international level.In Ecuador, the protection of intellectual property rights in video games faces obstacles due to the need to register each component separately, involving complex bureaucratic processes and high costs. A more flexible regulation is proposed that allows integral registration as a single work, facilitating legal protection and encouraging technological innovation. Additionally, adapting digital strategies will strengthen their impact on education and the economy, promoting more inclusive and equitable development.