The COVID-19 pandemic has led to a surge in the gaming industry and video game streaming has become a popular pastime. However, the existing intellectual property (IP) laws in India are not extensive enough to address the increasing rate of IP infringements and subsequent litigation in this domain. While certain aspects of video games, such as characters, graphics, and codes are protected under the Indian IP laws, there are areas that fall outside the scope of the current legal framework, such as the informal and ambiguous nature of video game streaming, coupled with fragmented regulations imposed by streaming sites and private entities, which complicates the process of addressing IP infringement for both IP owners and users. The use of cryptocurrencies and non-fungible tokens (“NFTs”) in gaming and betting raises additional concerns and threats across many disciplines of law. Broadcasting gameplay streams, in particular, is an unregulated and abused space that requires attention from legislators. The IP and financial law frameworks need to evolve to keep up with these dynamic phenomena. This paper aims to analyze the loopholes in the Indian intellectual property domain pertaining to legal protection with respect to video game broadcasting. The focus is on safeguarding the rights of IP owners against the misuse of their creative works. The study advocates a more stringent application of concepts such as novelty, fair dealing, and IP infringement to better regulate online game streaming. It also proposes the development of a unique legal framework to address the growing concerns and legislative uncertainties, ensuring that the interests of publishers, developers, and other relevant parties are protected.
