A report on the protection of intellectual property rights in online games for 2026, released in Shanghai on April 22, points out that with the emergence of new business models and formats in the industry, the scope of intellectual property protection in online games has gradually expanded from traditional content assets to aspects such as user experience, competition mechanisms, and creative incentives. As the gaming industry develops rapidly, various new forms of “black and gray industries” have become prominent issues that erode the industry’s innovative vitality and hinder its healthy development.
Guided by the Shanghai Intellectual Property Administration, the report was supported by the Intellectual Property Committee of the Shanghai Online Game Industry Association and the Shanghai Online Game Industry Intellectual Property Protection Consultation Mechanism. It focuses on cutting-edge types of “black and gray industries,” analyzing the core issues of rights protection and governance recommendations through specific case studies, aiming to provide a reference for intellectual property protection in the gaming industry.
A long-term professor at the Shanghai International College of Intellectual Property at Tongji University and the editor-in-chief of the report explained that new types of cheating-related infringements have shifted from profit-driven motives to disrupting game operational rules. The technology has become more intelligent and concealed, making it difficult to quantify infringement losses. Interactive leaks, achieved through illegal data extraction and setting up private servers, enable “visualized leaks,” and their cross-regional and cross-platform nature increases the difficulty of evidence collection and enforcement. Initial account trading hides risks such as illegally obtaining personal information and bypassing minor protection mechanisms. Symbiotic cyber violence is deeply intertwined with these “black and gray industries,” aiming to monetize illicit traffic, disrupt market order, and damage corporate reputation.
To address these challenges, the report proposes a four-dimensional collaborative governance approach involving judicial, administrative, platform, and industry levels. On the judicial front, it suggests clarifying criminalization standards, exploring methods for determining losses, and strengthening the connection between administrative and criminal enforcement. Administratively, it advocates for establishing cross-departmental and cross-regional joint enforcement mechanisms. At the platform level, it calls for breaking data silos and creating mechanisms for sharing information on black and gray industries and coordinated bans. On the industry side, it recommends leveraging the role of associations to shift governance of these industries from individual case handling to overall prevention. The professor noted that with the introduction of the “Ten Rules for Games in Shanghai,” the city is expected to form a model for governance that contributes practical experience to industry prosperity.
During the report’s press conference, the Xuhui District Culture and Tourism Bureau in Shanghai simultaneously released the “Xuhui District Game Enterprise Copyright Guide” and a legal emergency consultation hotline. The guide covers four main topics, including copyright registration and rights protection, providing practical guidance for game companies. The hotline, led by the Xuhui District Game Industry Service Center, covers basic consultation fees and offers a safety net for enterprises.
On the same day, experts from the judicial, academic, and gaming industry sectors engaged in in-depth discussions based on the report’s content. A representative from the Shanghai Intellectual Property Administration stated the need to build a comprehensive intellectual property protection system and develop a distinctive Shanghai protection model. A representative from the Shanghai Market Supervision Administration noted that over 60 cases of trade secret infringement have been investigated in Shanghai in the past three years, including several typical cases in the online gaming sector. A representative from the Shanghai Intellectual Property Court said it will continue to strictly crack down on various types of online game infringements, addressing issues such as difficulty in evidence collection and low compensation. A representative from the Shanghai Online Game Industry Intellectual Property Protection Consultation Mechanism expressed a commitment to promoting industry information sharing and standard output to solve governance challenges related to black and gray industries. The dean of the Shanghai International College of Intellectual Property at Tongji University expressed hope that the report’s release would help Shanghai establish replicable and scalable experience in protecting intellectual property in online games.
