World Video Game Day is celebrated every year on 29 August, recognising an industry that ceased to be understood solely as a form of entertainment long ago. Culture, technology, innovation and design are some of the elements that make up this rapidly growing industry. In 2025, it generated €2.293 billion in revenue and had more than 22.8 million players, according to the 2025 Yearbook published by the Spanish Video Game Association (AEVI).
The figures reveal a robust ecosystem, but also a demanding and highly competitive one. The need to stand out is becoming increasingly important in a context in which startups and studios are emerging with new ideas and projects, ready to capture different market niches. Video games ceased to be exclusively for children long ago and now appeal to people of all ages and profiles. Almost everyone plays, whether on a smartphone, computer or console.
Intellectual property as a key factor
In a highly competitive market characterised by global competition and increasingly rapid market cycles, intellectual property (IP) takes on particular importance. Protecting assets marks the difference between launching a game and building a valuable company. It can also determine whether or not a company secures investment.
In Spain, the consolidated text of the Intellectual Property Act does not contain a specific category for registering a video game, as it is based on a broad concept of protectable works. Video games are not simple works. Instead, they comprise multiple layers: code, visual design, music, characters, scripts, interfaces, trademarks, databases, animations, gameplay mechanics and even technical solutions. A specific form of management and protection exists for each of these elements. A video game cannot be safeguarded through a single registration mechanism. Instead, a combination of different forms of protection is required: trademarks, patents, utility models, copyright, trade secrets and industrial designs. They all have a role to play.
Industrial designs warrant particular attention, as the recent reform introduced by Regulation (EU) 2024/2822 on European Union designs updates the system to accommodate digital products. Elements such as animations, transitions, graphic works and user interfaces are now expressly included as forms of design. This is relevant because many creative decisions that could previously have fallen within grey areas now fit more clearly within strategies for protecting visual elements.
However, attention should also be paid to other matters, such as licences, contracts and third-party rights in music or other elements incorporated into a video game. This is particularly important when seeking funding, as a potential investor will examine far more than the quality and potential of the game. A clear chain of title, properly assigned and documented rights, the ability to commercially exploit the principal assets through merchandising, sequels or adaptations, and the absence of third-party disputes or claims are some of the factors that a potential investor will review. All of them must be in order.
New trends: vintage games, AI and the next generation
This view of the importance of IP becomes even more relevant in light of emerging industry trends. One trend that has been gaining momentum for some time is the rise of vintage games. In its report, Newzoo highlights the importance of recurring nostalgia for major franchises and games as a means of reusing their own history and maintaining their connection with players.
This trend towards classic games demonstrates that their value, together with that of assets such as soundtracks, trademarks and characters, can not only endure for decades, but can also remain commercially exploitable long after the original release. To achieve this, these resources must be properly identified, protected and managed.
The new generation of consoles also reinforces the importance of IP. New hardware cycles, major releases and multi-platform strategies will play a leading role in this market. Although it may create new opportunities for studios, it will also bring new demands. Releasing games on new platforms will require reviews of contracts, licences, technical adaptations, rights in music and artwork, ownership of code and other related matters.
And, of course, there is artificial intelligence. AI adds another layer of complexity. It can help accelerate ideation, design and programming processes, but it also raises questions concerning traceability, authorship, the use of third-party content, model training and contractual safeguards. The European Parliament has already examined the tensions between generative AI and copyright, as this issue directly affects the legal certainty of the final product within the video game industry.
The industry is in good, solid health. However, its development is not, and will not be, measured solely by revenue or player numbers. It will also depend on its ability to generate its own intellectual property, protect it appropriately and exploit it effectively. This is particularly relevant in a market where large organisations coexist with small studios that need to scale up and startups that require funding and differentiation to compete.
In this context, intangible assets cease to be merely incidental and become a strategic factor for growth and value creation. Video games are a compelling example of how IP is not merely a form of defence. It is a business asset with both direct and indirect value. It is one of the tools that can secure your future.
Article by Elba Pastor.
Published in ElDerecho.com.
